fbpx

My Contract

Disclaimer

By using any of the agreement templates within this document you acknowledge and understand that these documents have not been reviewed by a lawyer for your specific business needs. These documents are provided as a tool and guideline, they are not meant to be legally binding documents. Furthermore, many of the provisions may not be applicable depending on the type of business you operate and the location in which you operate. It may also be missing provisions applicable to your type and location of photography. Take and modify these templates to your needs, then ask your attorney to review/modify as needed to make them legally binding. JWadePhotoStudio LLC is not responsible for any damages, lawsuits, or disputes that may arise from the unauthorized use of any of these agreement guides. 

________ ________ Wedding on (mm/dd/yyyy) Contract

Contracting Parties

Contracting Parties

Bride’s Name:

 

Groom’s Name:

 

Address:

 

Address:

 

City:

 

City:

 

State, Zip Code:

 

State, Zip Code:

 

Phone:

 

Phone:

 

 

Event Information

Event Venue #1

 

Event Venue #2:

 

Event Date:

 

Event Date:

 

Start/End Time:

 

Start/End Time:

 

Address:

 

Address:

 

City:

 

City:

 

State, Zip-Code:

 

State, Zip-Code:

 

Phone:

 

Phone:

 

Event Venue #3

 

Event Venue #4:

 

Event Date:

 

Event Date:

 

Start/End Time:

 

Start/End Time:

 

Address:

 

Address:

 

City:

 

City:

 

State, Zip-Code:

 

State, Zip-Code:

 

Phone:

 

Phone:

 

 

Event Day Contact

Contact Name:

 

Cell #:

 

Contact Name:

 

Cell #:

 

 

 


TERMS


 

A. AGREEMENT TO HIRE

This Document comprises the entire agreement and understanding between {CLIENTS} hereafter referred to as “Client(s)” and JWadePhotoStudio LLC, hereafter referred to as “Photographer” relating to the wedding, detailed below, hereafter referred to as “Event(s)”. This agreement supersedes all prior and contemporaneous agreements between Client(s) and Photographer. This agreement may only be amended in writing when signed by Client(s) and Photographer. B.

GENERAL

B.1. RETAINER GUARANTEE

This completed and signed agreement and payment of the retainer fee, hereafter referred to as “deposit”, are required before Photographer will reserve the date and time requested for Client(s). No date and\or time is reserved until the contract is signed by the Client(s) and Photographer has received the deposit. Upon signature of contract and deposit received the Client(s) is guaranteed the Photographer’s presence at Client(s) Event(s).

B.2. DELIVERY TIMELINE

The Client(s) is guaranteed to receive the final product within 90 business days of their wedding day. The Client(s) will receive via an online service and gallery. Unless noted below

B.3. COMMUNICATION

The Client(s) should expect to receive periodic communications and request for information from me in any format (phone, web conference, email, or in-person) both before and after their wedding date. Client(s) are encouraged to respond to communications in a timely manner and to communicate questions, changes in schedules as soon as possible and directly with the photographer.

B.4. FAILURE TO PERFORM

Photographer shall not be held responsible for requested photographs not taken, interference or missed photographs from weather conditions or scheduling complications caused by, but not limited to, anyone in attendance at the Event(s), equipment malfunctions, timeliness of the Event(s), Client(s) failure to provide meals, or any other interfering cause.

B.5. FORCE MAJEURE

If Photographer cannot perform according to this agreement due to fire, casualty, civil disturbance, act of God, illness, act of terrorism, or any other event not caused by, or in the control of, the Photographer, the Photographer shall return all fees paid to Client(s) and retains no further responsibility to Client(s).

B.6. CLIENT CANCELLATIONS

All cancellations by the Client(s) must be communicated to the Photographer in writing. Should the Client(s) decide to cancel the Event(s) the deposit fee is non-refundable. Should the Client(s) decide to cancel the Event(s), the photographer will hold the deposit fee for 1 (one) year from the cancellation date to be transferred to another date, subject to the Photographer’s availability. The Client(s) understands that a new date may not be available. Currently scheduled events will be prioritized over rescheduled events. If the new event date is more than one (1) year from the scheduled date, the Client(s) agrees that a new deposit of 25% must be paid to secure the rescheduled event date, and the Photographer will not return or transfer the original deposit. In the event of a cancellation within thirty (30) days of the Event(s), the final payment is due in full and will not be transferred to a rescheduled event date. If Photographer can book another event in lieu of the cancelled event, the final payment will be returned to Client(s)

B.7. STUDIO CANCELLATIONS

Once the Client(s) signs the contract and the Photographer receives the deposit, the Client(s) is guaranteed the Photographers presence at their Event(s). The Photographer will make every good faith effort to work at the Client(s) Event(s) even in the event of sickness. Should the Photographer not be able to be present at the Client(s) Event(s) due to serious injury, illness, or death in the family, or any other cause outside the control of the Photographer, the Photographer will make every good faith effort to find a qualified replacement. If this situation should occur, and a qualified replacement is not found, responsibility and liability is limited to the returning of all payments made by the Client(s).

B.8. ABUSIVE BEHAVIOR The Photographer will not tolerate verbal, physical, or sexually abusive behavior. If the Client(s) or their official in charge is unable to control the conduct of their guests towards the photographer, his contractors, assistants, or any person(s) employed by photographer, resulting in the unacceptable degree of misconduct or damages to the equipment caused by the guests, it will result in the early departure of the Photographer. The Client(s) hereby acknowledges that in such an event, no refunds will be granted.

B.9. LIMIT OF LIABILITY The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) releases Photographer from any and all claims against their person or business. Proof of Liability insurance can be provided to Client(s) or venues upon request.

C. PHOTO PRODUCTION POLICY

C.1. PURPOSE

The Client(s) understands that they are hiring the Photographer for the purposes of capturing photojournalistic style wedding photography.

C.2. LIABILITY OF MISSING PHOTOS

The Photographer is not liable for any photos no included in the final product. The Photographer makes every effort to ensure that data is protected from the moment it is recorded. I, The Photographer, use redundant file writing practices that comes native in the camera that I, The Photographer, use. Cards are stored in a waterproof casing, and the files are backed up on multiple hard drives to provide further redundancy. However, as with any technology, technology can fail or the unthinkable accident and/or damage can happen. In the case of any loss, damage, or theft of footage, the Photographer will work with the Client(s) to remedy the situation. However, the Client(s) agrees that the Photographer will not be held legally or financially liable for any footage loss out of the control of the Photographer.

C.3. PHOTO EDIT AND RETOUCHING

The images that the Client(s) receives in the final product are fully edited and prepared for print. No photoshopping or “retouching” is done to alter the physical form of the Client(s). Some images do receive more post-production editing such as the bride and groom portraits, any specialty services must be purchased separately.

C.4. BACKUP AND STORAGE OF PHOTOS

The Photographer suggests that the Client(s) backup their photos to 3 different places upon delivery. The photographer is not liable for keeping copies of Client(s) photos after delivery. However, the Photographer keeps a master backup of all images taken of the Event(s) up to six (6) months.

D. EVENT POLICIES

D.1. EXCLUSIVITY

The Photographer and anyone employed by Photographer is the exclusive official Photographer during the Event(s), and the Client(s) agrees that no other professional photographers will be present. At Photographer’s discretion, they may allow associates to photograph the Event(s) under their sole direction. Client(s) agrees that Event(s) guests will not interfere with photographer’s duties, including adherence to flash photography restrictions when provided. Photo Booths and Roaming Photo booths are exempt from this clause.

D.2. OUTDOOR VENUES

The Photographer will make every good faith effort to capture the Client(s) Event(s). In the event that inclement weather prevents the Photographer from capturing footage during the Event(s), The Client(s) understands that that the final product may consist of fewer photos then was originally intended. And it is the Client(s) responsibility to have a back-up indoor venue.

D.3. VENUE RESTRICTIONS

The Photographer will follow all rules provided by the event venue. If the rules of the event venue conflict with the desire of the Client(s), the event venue rules will take precedence. Client(s) should familiarize themselves with the rules prior to consultations and the event. All event venue fees, including permits and other location fees, are responsibility of the Client(s).

D.4. PHOTOGRAPHER MEALS

Client(s) agrees to provide proper (non-vendor) meals for Photographer and those employed by Photographer. Photographer shall inform the Client(s) of total number of employees. If Client(s) chooses to provide a vendor meal or no meal is provided, Photographer reserves the right to leave with any employees for one hour during the Event(s). Client(s) acknowledges that failure to provide meals as stated above may result in fewer photos captured.

D.5. CONSULTATIONS

Photographer will provide consultations to Clients to outline requirements, verify event details and timelines, and discuss other relevant details. These consultations may occur in any format (phone, web conference, email, or in-person) that is convenient for both Photographer and Client. Clients may provide Photographer a list of desired photographs but is not guaranteed that all photographs on the list will be taken or delivered.

E. PACKAGE DETAILS

E.1. PRODUCT AND SERVICES

All products and services agreed to and provided by the Photographer are listed in this section. This does not bind the Photographer to provide anything not listed in this section, therefore, the Client(s) should not expect items not listed. The Client(s) understands that there have been no insinuations of delivery for any product or services not listed below.

Package: Silver Package with Hybrid Video Total: $3500

F. COPYRIGHT AND USAGE

F.1. COPYRIGHT

All content produced by Photographer during the afformentioned Event(s) for Client(s) are protected by copyright. It is a violation of federal copyright law to copy, scan, or allow photographs to be reprinted, duplicate, reproduced, copied, scanned, or altered without Photographer’s express written permission. Client(s) may print their personal wedding photographs for personal use without the written consent of the Photographer. The negatives and/or files are the sole property of Photographer. Client(s) retains a limited, perpetual license of the Event(s) images. Client(s) may display, print, upload, email, transfer and publish images on personal or social media sites. The Client(s) may not sell, apply for copyright registration, make a derivative work, modify or edit the files and/or photographs.

F.2. MODEL RELEASE

The Photographer retains the right to use Event(s) content for professional purposes, including samples, displays, social media, advertising, and any other purposes.

G. FINANCIAL

G.1. DEPOSIT

The Client(s) deposit of 25% is due immediately after the signing of this contract. With the second and final payment of 75% is due thirty (30) days before the wedding day. The deposit will be applied to the total package cost. The deposit must be received upon agreement being signed by Clients and Photographer. Failure to receive the booking fee after signing this agreement will render this contract null and void. The booking fee is non-refundable, except as noted below. If you pay via credit card, you may be subject to a 3% processing fee.

G.2. PAYMENT

The Photographer takes payment in many forms, cash, Venmo, debit or credit. However, if the Client(s) so choses to pay with credit or debit, Client(s) acknowledges they may be subject to a 3% fee for processing.

G.3. NON-PAYMENT

If a Client(s) does not pay the full price of the aforementioned wedding package by the agreed upon time frame, the Photographer may choose to work with the Client(s) to accommodate a more flexible payment schedule. However, the Client(s) understands that they can

H. AGREEMENT

H.1. APPLICABLE LAWS

The laws of the state of Missouri shall govern this agreement.

H.2. SEVERABILITY

If one or more of the provisions contained in this agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remain provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

 

Client(s) agree, by signing, that they have read and agree to all terms incorporated within this