Wedding Photography Agreement

Event Representative (hereafter referred to as the "Client")

Client 1*

First NameLast Name

Client 2

First NameLast Name

Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip CodeCountry

Contact Information (phone numbers and email addresses)*

Chosen Collection with Cost

Retainer Fee

30% of total collection cost

Breakdown of Cost (to be completed by Photographer and returned to Client once form has been submitted)

Photographer’s details (hereafter referred to as the "Photographer")

Name: Toben Warmerdam

Phone: 780-999-7992 Email: photosbytoben@gmail.com

Event details (hereafter referred to as the "Event"

Wedding Date*

MonthDayYear

All locations with addresses

This agreement contains the entire understanding between the Photographer 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. Please put a check mark by each term after reading. Each check mark deems the term acceptable by The Client(s).

Purpose*

This agreement contains the entire understanding between the Photographer 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 both parties.

Retainer and Payment Terms*

Upon signing of this agreement, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the retainer fee is non-refundable, even if the date is changed or the event is cancelled for any reason, including acts of God, public health orders, government shutdowns, venue restrictions, fire, strike, extreme weather and/or breach of contract by The Client. If the Event is to be rescheduled, the retainer fee will be applied to the new agreed-upon date within one year of the original date at no charge to The Client. If the new date is beyond one year from the original date, The Client may be subjected to current pricing.The client(s) understand and agree that the entire amount owed for the collection described in the contract is due 14 days prior to the event, or, on the outstanding balance due date (if specified). The Client(s) understand that if the balance is not rendered before the date of The Event, The Photographer retains the right to not photograph the event and can terminate the signed agreement with no further liability or obligation to The Client(s).The retainer fee is to be paid at the time of contract signing. No services will be considered booked until both a retainer fee and signed contract are provided. The retainer fee is applied towards the total cost of the collection.The Client(s) understand that if legal action is sought against The Photographer, any financial amounts requested must not exceed the total cost of services.

Pre-wedding information*

The Client agrees to fill out an event information form provided by The Photographer before the Event in order to finalize the timeline, locations, family groupings, ideas, expectations, and contact information.The Client(s) agree to keep the photographer informed of any changes to original plans as soon as they occur.

Engagement session*

The Client(s) understand that the included engagement session holds no monetary value and is complimentary only, and that the engagement session must be booked by The Client(s) prior to the wedding, unless otherwise specified by The Photographer.The Client(s) understand that unexplained lateness, failure to show, or requests to reschedule without sufficient notice will result in the forfeit of the session.The time allotment for the engagement session is at the discretion of The Photographer.The Client(s) will receive a guarantee of 10 high resolution, retouched digital images available through download approximately 3 weeks following the engagement session.

Delivery of Services*

Contracted photography hours are to be consecutive and include travel time between locations. All events that The Client(s) want coverage for must happen within that time block. If The Event runs past schedule, The Client(s) will be billed $225.00 for each additional hour required, rounded to the nearest half hour.The photographer is not responsible for backgrounds, lighting situations, locations, scheduling mishaps, or venue restrictions that may negatively impact the outcome of photographs, and cannot be held liable for photographs not taken due to these restrictions. The Client(s) understand that it is their responsibility to inquire about venue or location restrictions pertaining to photography beforehand and inform The Photographer.Choosing of a second shooter is at the discretion of The Photographer. The Photographer and associates are to be the only hired professional photographers present at The Event.For all weddings 8 hours and over, the Client(s) are responsible for providing The Photographer and associates with a hot meal.The Client(s) agree to allow The Photographer full creative control over posing and directing of desired photographs. Suggestions or requests for certain photographs will be considered, however no particular image is ever guaranteed.

House Rules*

The Photographer is limited by the guidelines of event officials and/or event location site management. The Client(s) agree to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.

Files, Prints and Copyrights*

The photographs, digital negatives or prints produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced.The Photographer will aim to deliver approximately 50 digital images per hour of service, but because of the unpredictable nature of Event photography, a specific number of images is not guaranteed.The Client(s) will receive a copy of the high-resolution digital photographs available through download. The Client will have printing rights and may reproduce any photographs in any manner they like for personal use. The Client agrees to obtain written permission from the Photographer prior to the Client (or its assigned agents) publishing or selling the photographs for profit.The Client(s) agree to immediately back up their digital images to their own devices upon delivery. It is ultimately the Client's responsibility to keep the images safe following delivery. The online gallery provided will be available for 2 months following delivery of the images. Images must be downloaded within that time. Failure to do so may result in retrieval fees and/or loss of images. The Photographer is not responsible for the storage of images once the digital gallery has been released to the Client.Printed photograph quality can differ depending on where the image was printed. Only prints ordered through the photographer will have a quality guarantee.RAW images or digital negatives are not available to The Client(s) at any time.

Editing and Retouching*

Images released by the Photographer to the Client will undergo retouching, which includes: colour correction, enhancement, sharpening, cropping and straightening. Retouching will not include: removal of distracting elements, body modifications (e.g., removal of tan lines, blemishes, wrinkles or any changes to outfit/silhouette). The Client acknowledges that the Photographer will not edit or modify natural features unless specifically requested.Special requests for corrections wanted outside of what is considered retouching listed above will be charged at a rate of up to $25.00 per image. This cost will be determined by the Photographer based on the requirements of the edit.The Photographer is granted complete artistic control over the final image. The Client understands that these are the steps that will be taken when referring to retouching. Retouching is at the discretion of The Photographer.

Model Release*

The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Event, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client(s) hereby release the Photographer and his/her legal representatives and assigns from all claims and liability relating to said photographs.

Exclusivity / Guest Photography*

If the Photographer is the sole professional photographer at the event (as specified in the Event Details), it is understood that the Photographer will be the only one allowed to photograph the event. In which case, amateur photographers may take photos during the event if they do not interfere with the contracted Photographer and are not shooting the Photographer’s same posed shots. If a problem arises with any guest or attendee(s) the On-site Event Contact will be advised to handle the situation politely for the Photographer by enforcing the conditions of this agreement.

Co-operation of Guests and Other Service Providers *

The Client(s) are responsible for the conduct of the guests. Co-ordination with other service providers may be necessary to complete all the photography as scheduled. The Client should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the Event should be planned to make the best use of time for all vendors.The Photographer will not tolerate any inappropriate behaviour and/or harassment or verbally/physically abusive behaviour by guests or otherwise. Unchecked guest conduct that interferes with photography can affect the quality of the photographs taken and may affect the number of photos that can be created. If the Client is unable to control the conduct of the guests or if the conduct of any of the guests results in damages to any of the equipment of the Photographer, or if The Photographer deems the situation unsafe, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given.

Desired scenes*

The Client(s) can provide The Photographers with a list of suggested photographs that they desire in advance if they wish. While every attempt is made to accommodate the Client’s desired photographs and create the best images possible, no particular image is guaranteed. The Photographers are equipped to handle most low-light situations. In situations where flash photography is prohibited or is deemed to be unsafe, the Client agrees to accept the Digital Images as-is, given the technical limitations of low-light photography.

Completion Schedule *

The Client(s) agree that no part of the Event Package, including previews (if any) will be delivered until the outstanding balance is paid in full. Digital copies will be given to the Client after the event, in the form of an online photo gallery, or other medium, assuming the outstanding balance has been paid.The Client(s) will receive high resolution digital images approximately 8 weeks following the Event, but understands that some situations may cause the completion time to take up to 12 weeks.

Penalty Fees and Charges*

There is a $150 charge for payments returned by the bank for any reason. There will be a $50 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date.The Photographer is not responsible for covering the cost of necessary permits needed for specific locations chosen by the Client(s).Travel fees may be required and are at the discretion of the Photographer. Any travel fees related to The Event will be discussed and agreed upon before contract signing.

Right of Withdrawl*

The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $275 per hour is billed for all photography services already provided, and $150 an hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the Photographer withdraws -- the Client(s) will not be billed for any services in excess of their retainer fees (except if the retainer was in form of returned cheques).

Limit of Liabitlity*

In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled 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 Event Package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost.

Non-Guarantee *

Although every possible care will be taken to produce photographs of all important and special moments during the Event, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the Photographer’s control.The Client(s) understand that there is no specific number of images to be delivered, and that the photographer will only deliver images that are deemed to fit within The Photographer's style. The Photographer retains control over which images are chosen to be included in the final gallery.

Performance*

The performance of this contract on behalf of the Photographer shall be contingent but is not limited to acts of God, flood, extreme weather, fire, warfare, public health orders, government shutdowns, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.

Severability *

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.

Signed by Client 1*

Printed Name

First NameLast Name

Signed by Client 2

Printed Name

First NameLast Name

Date