ENTIRE AGREEMENT: This agreement has been freely negotiated and contains the entire understanding between Kortney Brook Photography 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 the parties. If the parties want to waive one provision of this agreement, which does not mean that any other provision is also waived. Likewise, if any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
BOOKING GUARANTEE: This signed agreement and $300 retainer fee are required to reserve your Wedding Day. All remaining fees are due within 30 days of the wedding date. If the Clients do not pay for the full price of the wedding package by the agreed upon time frame, the Photographer has the right to withhold services and images. The Clients understand that they can only receive photos/albums if the Clients have paid all fees. This means that if the Photographer has photographed the Client's wedding, the Photographer has the rights to withhold the photos until full payment for the fees agreed in this contract are rendered.
CANCELLATION: Should the Clients decide to cancel their Wedding, the retainer given is non-refundable. Should the Clients decide to re-schedule the Wedding, the Photographer will accommodate this rescheduling if the Photographer’s calendar is open for the rescheduled date. This rescheduling fee is 25%. If the Photographer’s calendar is not open for the rescheduled date the retainer fee is non-refundable.
In the unlikely event that the photographer is injured or becomes too ill to photograph the wedding, Kortney Brook Photography will make every effort to assist the CLIENT in finding a replacement photographer. 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 wedding photography package.
DELIVERY TIMELINE: Digital processing may take up to eight weeks to complete. Please note that print and product prices are subject to change without any prior notice.
SCHEDULE: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humor and enjoyed by all concerned. We do our best to stick closely to the schedule but understand fluidity is vital and ask the same of the Clients.
LIMIT OF LIABILITY: Kortney Brook Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Kortney Brook Photography’s control, Kortney Brook Photography’s liability is limited to the return of all payments received for the wedding photography package or part thereof according to the percentage of images supplied.
CREATIVE CONTROL & SECONDARY EDITING: Clients agree that Kortney Brook Photography has all creative control in the delivery and editing process. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Likewise, Client agrees to no secondary editing before sharing. Secondary editing includes and is not limited to Instagram, Snapchat, Facebook and all social media filters as well as mobile or desktop downloadable applications.
BACKUP & STORAGE: Upon receipt of the final digital album, the CLIENT accepts all responsibility for archiving and protecting the photographs. Kortney Brook Photography does not permanently archive image files. Kortney Brook Photography is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is CLIENT’S responsibility to make sure that digital files are copied to new media as required.
EXCLUSIVITY: The Photographer is the exclusive official Photographer and Clients agree that no other professionals will be present.
OUTDOOR VENUES: Under no circumstances can the Photographer shoot outdoors in extreme inclement weather, due to the nature of our equipment and/or for the safety of our crew. The payments rendered are non-refundable if poor weather prevents production. It is the Client’s responsibility to have a back-up indoor venue.
LIGHTING: Many venues like to dim the lights during many parts of the reception, we kindly remind our Clients that cameras need a minimum amount of light to work with. Sometimes this means having the lights brighter than you would like. If this is not an option, the Clients understand the quality of the photos may suffer.
DAMAGE: If during the course of the wedding, any of the Photographer’s equipment is damaged due to the fault of any of the wedding guests, or any other vendor contracted by the Clients (including but not limited to, venue workers, wait staff, planners) the Clients are liable for payment to replace that piece of equipment. The Clients agree to pay for said damage within three days of the wedding.
Copyright and Usage
COPYRIGHTS: The photographs produced by Kortney Brook Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Kortney Brook Photography’s explicitly written permission. Upon purchase of the digital files by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The digital negatives or prints are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives and not to be used by the client for profit.
MODEL RELEASE: The CLIENT hereby grants to Kortney Brook Photography and its legal representatives and assigns 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 and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Kortney Brook Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
Client Package Details
PRODUCTS & SERVICES: All prices, products and services to be delivered by the Photographer and rendered by Clients are listed under the Pricing Guide portion of the website. If an item is not listed, the Clients should not expect to receive it unless otherwise agreed upon (in writing) and signed by both Photographer and Clients. The Clients understand that there have been no other insinuations of delivery for any product or service that is not included in this description.
OFFER VALIDITY: This contract constitutes an offer of services to the Clients and is only valid for 10 days after it’s sent. The Photographer cannot guarantee your date to be available until this contract has been signed and a retainer fee has been secured.