WEDDING PHOTOGRAPHY CONTRACT
DATE OF WEDDING: 5/3/2020
SPOUSE 1: Jerry Bob PHONE NUMBER: 111-111-1111
SPOUSE 2: Janet Doe PHONE NUMBER: 222-222-2222
CEREMONY VENUE: Some Fancy Place
RECEPTION VENUE: Another Fancy Place
NUMBER OF GUESTS ATTENDING: 150
STUDIO SERVICES TO INCLUDE:
Services to include an Online Gallery, 9 Hours of Coverage by Natalie Ryan, 9 Hours of Coverage by 2nd Photographer, Hi-Res Digital Images by Download & Print Release, $500.00 Album Credit, Engagement Session
This Agreement is made effective for all purposes in all respects as of March 16, 2020 by and between Earthmuse Photography Inc., hereinafter referred to as “the COMPANY” and Jerry Bob, hereinafter referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
INTERFERENCE: It is asked that family and friends do not interfere (standing in front of or behind the photographer) with Earthmuse Photography’s duties and do not photograph poses arranged by Earthmuse Photography.
EXCLUSIVITY: It is understood that the COMPANY is the exclusive official photographer retained to perform the photographic services requested on this contract.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased “Hi-Res Digital Images by Download” from the COMPANY, upon final payment by the CLIENT, printing rights will be allowed by the CLIENT. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs elsewhere without Photographer\'s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
UNORDERED PRODUCT: All unordered or unapproved product, unused print credits, and unshot sessions will expire six months after wedding date.
MEALS: It is asked that three plates are provided for Earthmuse Photography (Ryan Carey, 2nd Shooter, assistant) if wedding duration is longer than 4 hours. If no meal is provided, it is understood that Ryan Carey and assistant will leave the event for one hour to procure a meal. Earthmuse Photography is not responsible for any photos that may be missed while obtaining a meal.
PAYMENT SCHEDULE: The aforementioned retainer fee is due at the time of signing of agreement. The remaining balance is payable in full 30 days prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
PRICE AND PAYMENT ARRANGEMENTS
- Earthmuse Photography concludes that the total costs described in this contract will be $6,000.00.
- Payments will be as follows: A deposit of $3,000.00 of the estimate total $6,000.00 is due upon the signing of this agreement. The remaining total is due in increments of $1000.00 for 3 months of the total ($3,000.00) with any remaining balance due upon within (30) thirty days of the wedding.
Payments can be made online via credit card, eCheck or Paypal.
In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by the Earthmuse Photography representative.
The undersigned agrees to the terms of this agreement.
I, Jerry Bob, sign this document stating I have read and agreed to all of the above in cooperation with Earthmuse Photography.
All terms of this contract are contingent upon strike, accidents, or other causes beyond our control.
Company Representative: Earthmuse Photography Inc. Signed Date:
Client: Jerry Bob
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