FERN & IVORY PHOTOGRAPHY
Wedding Photography Agreement
This Wedding Photography Agreement (“Agreement”) is entered into between Fern & Ivory Photography (“Photographer”) and the client(s) identified below (“Client”).
By signing this Agreement, the Client confirms that they have reviewed their selected package and agree to the following terms.
1. SERVICES, COVERAGE & COMPLIMENTARY SESSIONS
Fern & Ivory Photography will provide wedding photography services according to the package, coverage period and services selected by the Client.
Photography coverage begins and ends at the times stated in this Agreement. Coverage hours are consecutive.
The Photographer will make reasonable efforts to photograph the important people, details and events of the wedding day; however, because weddings are live and unpredictable events, no specific photograph, pose, moment, person or image can be guaranteed.
The Photographer retains professional and creative discretion regarding posing, lighting, locations, equipment, composition, shooting methods and the overall approach used to photograph the wedding.
Where a complimentary engagement session is included in the selected wedding package, the session will be up to one (1) hour in duration and will take place within the Photographer's standard travel area of 35 km each way. Locations outside this area may be subject to additional travel fees. The session may end early if both parties agree.
Engagement sessions are scheduled subject to the Photographer's availability and regular booking calendar. Clients are encouraged to contact the Photographer at least four (4) weeks in advance to request a session date. Specific dates, evenings, weekends, or last-minute availability are not guaranteed. The Photographer will deliver the selected, fully edited images from the engagement session within three (3) weeks.
The engagement session is complimentary only as part of the Client's wedding photography package and has a standalone value of $525 + HST. If the Client cancels the wedding photography agreement after the engagement session has been completed, the Client will be responsible for payment of $525 + HST for the completed engagement session, in addition to any other amounts owing under the cancellation provisions of this Agreement.
Complimentary engagement sessions must be completed before the wedding date. An unused engagement session has no cash value, cannot be exchanged for another service or product, and cannot be completed, transferred, credited, or refunded after the wedding date.
2. COVERAGE TIMES & DELAYS
The Client's agrees to inform the Photographer of start/end times a minimum of 2 months prior to the wedding date.
The Photographer will be prepared to begin photography at the contracted start time. We typically arrive 10-15 minutes early to find parking and set up.
Delays caused by the Client, wedding party, family members, hair and makeup, transportation, ceremony, venue, vendors, weather or other circumstances do not extend the contracted coverage end time. If the wedding day falls behind schedule, the Photographer will use professional judgment to prioritize the most important photographs within the remaining coverage period. Travel between wedding-day locations takes place during the contracted coverage period.
3. SECOND PHOTOGRAPHER
Where the selected package includes a second photographer, the second photographer works under the direction of the Lead Photographer and is engaged to provide supplemental wedding-day coverage.
Second-photographer coverage may include alternate angles, candid and in-between moments, guest coverage, details, ceremony/reception coverage, or coverage in another area when the Lead Photographer determines it is appropriate.
The Lead Photographer retains sole discretion regarding the assignment, positioning and responsibilities of the second photographer based on the timeline, locations, travel requirements, lighting, logistics and photography needs of the day. The inclusion of a second photographer does not guarantee that the photographers will remain separated or provide simultaneous coverage at separate locations, including separate getting-ready locations.
The Client may communicate photography priorities; however, the Client, wedding party, family members, guests, vendors or other individuals may not independently assign, direct, transport or alter the duties or location of the second photographer without approval from the Lead Photographer. If simultaneous photography at separate locations is specifically required, this must be discussed and approved in advance and may be subject to logistical, travel, staffing or additional coverage requirements.
Fern & Ivory Photography retains the right to select and, when necessary, substitute the second photographer. No specific second photographer is guaranteed.
4. TIMELINE & FINAL DETAILS
The Client agrees to provide the Photographer with the finalized wedding-day timeline, addresses, photography priorities and relevant logistical information no later than 21 days before the wedding. Changes submitted after this deadline will be accommodated where reasonably possible but cannot be guaranteed.
The Photographer may provide recommendations regarding photography timing and logistics. Such assistance does not constitute wedding planning or coordination unless Day-of Coordination services have specifically been purchased.
The Client agrees to notify the Photographer of significant timeline changes. The Photographer is not responsible for photographs missed because an event occurred earlier, later or at a different location without reasonable notice.
5. SHOT LISTS & FAMILY PHOTOGRAPHS
The Client is welcome to provide a list of important family groupings, people, details and photography priorities. Shot lists, Pinterest boards, inspiration photographs and other examples are considered guidance and not a guarantee or checklist of images that will be delivered. The Photographer cannot guarantee exact replication of another photograph due to differences in people, location, weather, lighting, timing and other circumstances.
For family photographs, the Client is strongly encouraged to designate an individual who knows the family and can assist with identifying and gathering requested people.
The Photographer is not responsible for missed photographs involving individuals who are unavailable, unwilling to participate, late, cannot be located or otherwise prevent the photograph from being completed within the available time.
6. ADDITIONAL / OVERTIME COVERAGE
Additional photography coverage beyond the contracted end time may be available at the Photographer's discretion.
Additional coverage is billed at:
$350 + HST per hour, billed in 15-minute increments of $87.50 + HST.
Once photography continues beyond the contracted end time at the Client's request, each commenced 15-minute increment will be billed in full.
For example, additional coverage of up to 15 minutes is $87.50 + HST; up to 30 minutes is $175 + HST; up to 45 minutes is $262.50 + HST; and up to 60 minutes is $350 + HST.
Additional coverage must be authorized by the Client or another person whom the Client has designated in advance to approve additional coverage.
Additional coverage is subject to Photographer availability and cannot be guaranteed. The Photographer is under no obligation to remain beyond the contracted end time. Any additional coverage charges must be paid before release of the final wedding gallery.
7. PHOTOGRAPHY VS. EVENT COORDINATION
Unless Day-of Coordination services are specifically included in the Client's booking, Fern & Ivory Photography is retained to provide photography services only. Creating or assisting with a photography timeline does not constitute wedding planning or day-of coordination.
The Photographer is not responsible for managing other vendors, enforcing the overall wedding schedule, coordinating transportation, directing venue staff, organizing décor, locating missing individuals or performing duties ordinarily belonging to a wedding planner or coordinator. The Photographer may provide reasonable direction when necessary for photography.
8. CLIENT COOPERATION
Successful wedding photography requires reasonable cooperation from the Client, wedding party, family members and guests. The Photographer may provide posing instructions, request that areas be cleared, reposition individuals or make other reasonable requests necessary to create photographs safely and efficiently. The Photographer is not responsible for compromised or missed photographs resulting from lateness, refusal to cooperate, excessive intoxication, interference or failure to follow reasonable photography instructions.
9. EXCLUSIVITY & GUEST PHOTOGRAPHY
Fern & Ivory Photography will act as the official professional wedding photographer unless otherwise agreed in writing.
Guests may take photographs provided they do not interfere with professional photography.
The Photographer is not responsible for missed or compromised photographs caused by guests or vendors blocking views, stepping into aisles, using flashes, distracting subjects or otherwise interfering with photography. Another professional wedding photographer may not provide overlapping photography coverage.
10. VIDEOGRAPHERS & OTHER VENDORS
The Photographer will make reasonable efforts to work cooperatively with videographers, coordinators, DJs, venue staff and other vendors.
Fern & Ivory Photography is not responsible for photographs compromised or missed because another vendor obstructed the Photographer, changed lighting, changes to the schedule, restricted access or otherwise interfered with photography.
11. MEALS, SEATING & BREAKS
For weddings with six (6) or more hours of coverage, the Client agrees to provide a meal for each photographer working the event.
The Photographer(s) must also be provided with a designated seat and suitable seated dining space, preferably within or immediately adjacent to the reception area. Providing food without reasonable seating does not satisfy this requirement. Photographers will not be expected to eat while standing, sitting on the floor, working or holding/supervising photography equipment. Whenever reasonably possible, Photographer meals should be served at the same time as the Client/wedding party so photography can resume before speeches, dances and other reception events.
If appropriate meals and seating are not provided, the Photographer(s) may leave the venue for a reasonable period to obtain and eat a meal. This time remains part of the Client's contracted photography coverage.
The Photographer(s) are also entitled to reasonable restroom, water and rest breaks during extended wedding coverage.
The Photographer is not responsible for events missed during reasonable meal or rest breaks, particularly where the Photographer was not informed that the event would occur during that time.
12. SAFE WORKING ENVIRONMENT & HARASSMENT
The Client agrees to provide Fern & Ivory Photography, its employees and contractors with a safe and respectful working environment.
Harassment, sexual harassment, unwanted touching, sexual comments or propositions, threats, intimidation, discriminatory harassment, aggressive behaviour, violence or deliberate interference with the Photographer or photography team will not be tolerated.
Where appropriate, the Photographer may request that the behaviour cease or that the offending individual be removed from the Photographer's working area.
For serious behaviour, repeated behaviour, or any circumstance in which the Photographer reasonably believes the safety or well-being of a member of the photography team is at risk, the Photographer may immediately discontinue photography services and leave the event.
Where services are discontinued because of harassment, threatening behaviour or unsafe conditions caused by the Client or the Client's guests or invitees, no refund will be provided for coverage that could not be completed as a result, to the extent permitted by applicable law.
13. EQUIPMENT SAFETY
Clients, guests and vendors may not handle, move, use or interfere with photography equipment without the Photographer's permission. The Photographer may discontinue the use of equipment or relocate equipment where reasonably necessary for safety.
14. WEATHER & LOCATION CONDITIONS
Outdoor photography is subject to weather, lighting and environmental conditions.
The Photographer will make reasonable efforts to provide alternative photography options when conditions prevent the original plan.
The Photographer is not required to photograph in conditions reasonably considered dangerous to people or equipment, including severe weather, lightning, unsafe terrain, extreme cold, or other hazardous conditions.
The Client is responsible for ensuring a back-up plan is in place in case of inclement weather.
15. VENUE RULES & PERMITS
Photography is subject to restrictions imposed by venues, officiants, churches, property owners and other authorities. The Photographer is not responsible for limitations resulting from restrictions involving flash, movement, positioning, lighting, access or photography locations.
Unless otherwise agreed, the Client is responsible for obtaining and paying for permits, permissions, parking, admission or access required for Client-selected photography locations.
16. RETAINER & PAYMENT
A non-refundable retainer in the amount specified at booking is required to reserve the wedding date.
The wedding date is not reserved until the Photographer has received both the signed Agreement and required retainer. The retainer is applied toward the total package price. The remaining balance is due by the date specified on the Client's invoice/booking agreement (typically 21 days in advance). All applicable taxes will be added as required by law.
Photography services may be suspended or cancelled if payment is not received according to the agreed schedule.
17. CANCELLATION & RESCHEDULING
The booking retainer is non-refundable, subject to applicable law.
If the Client cancels the wedding, the Photographer will retain amounts permitted under this Agreement and applicable law in recognition of the date having been reserved and other work potentially having been declined.
Requests to reschedule are subject to Photographer availability and must be confirmed in writing. A requested new date is not considered reserved until confirmed by Fern & Ivory Photography.
If the Photographer is unavailable for the requested replacement date, the rescheduling request may be treated as a Client cancellation. Pricing adjustments or rescheduling fees may apply when a wedding is moved to another calendar year or significantly different date.
18. PHOTOGRAPHER ILLNESS, EMERGENCY & SUBSTITUTION
If the Lead Photographer becomes unable to photograph the wedding due to serious illness, injury, emergency or circumstances beyond reasonable control, Fern & Ivory Photography may make reasonable efforts to secure a qualified replacement photographer. If appropriate replacement coverage cannot reasonably be secured, the Client will receive an appropriate refund for photography services that could not be provided.
Fern & Ivory Photography may replace or substitute a second photographer where necessary without constituting a cancellation or breach, provided second-photographer coverage included in the Client's package remains provided.
19. ARTISTIC STYLE & CREATIVE CONTROL
The Client acknowledges having reviewed Fern & Ivory Photography's portfolio and hires the Photographer with knowledge of the Photographer's artistic and editing style.
The Photographer retains creative discretion regarding image selection, posing, composition, cropping, colour treatment, black-and-white conversion, editing and other artistic decisions.
Only photographs meeting the Photographer's professional and artistic standards will be delivered.
Duplicate images, test images, missed-focus photographs, photographs with undesirable expressions and other images that do not meet the Photographer's standards may be removed at the Photographer's discretion.
20. APPEARANCE & PERSONAL PREFERENCE
The Photographer will make reasonable efforts to photograph subjects in a flattering and professional manner.
The Photographer is not responsible for dissatisfaction arising solely from a person's appearance, expression, clothing, hairstyle, makeup, body shape or other personal characteristics where the photographs otherwise meet professional standards and are consistent with the Photographer's portfolio.
Requests for extensive retouching, body modification, object removal, head swaps or other editing outside the Photographer's standard workflow may be subject to additional fees.
21. RAW / UNFINISHED FILES
Fern & Ivory Photography photographs in RAW format and performs professional selection and editing before final delivery.
RAW, unedited, rejected or otherwise unfinished files are not included and will not be provided.
The Client acknowledges that unfinished files do not represent the Photographer's completed work.
22. COPYRIGHT & PERSONAL USE
All photographs remain the copyrighted intellectual property of Fern & Ivory Photography.
Upon payment in full, the Client receives a personal-use print release allowing the Client to download, share and print delivered photographs for personal purposes. Copyright is not transferred to the Client. Photographs may not be sold, commercially licensed or used for commercial purposes without written permission.
23. CLIENT EDITING & AI ALTERATION
The Client agrees not to substantially alter the Photographer's finished work when publicly representing the photographs as the work of Fern & Ivory Photography.
This includes significant filters, colour changes, AI-generated alterations, AI retouching, compositing or other modifications that materially change the Photographer's finished image.
24. IMAGE DELIVERY
Final wedding galleries will be delivered within the turnaround period communicated at booking, with a maximum standard delivery period of eight (8) weeks following the wedding, unless otherwise communicated due to exceptional circumstances.
Any sneak peeks or preview photographs are complimentary and provided at the Photographer's discretion. Their number and delivery timing are not guaranteed and do not alter the final gallery delivery deadline. Images posted on social media before gallery completion do not constitute final gallery delivery.
25. GALLERY STORAGE & BACKUPS
The Client is responsible for downloading and securely backing up the completed wedding gallery. Fern & Ivory Photography does not guarantee indefinite online gallery availability or permanent archival of delivered photographs. Any future gallery restoration or re-upload, where files remain available, may be subject to an archival/re-upload fee of $50.
26. MODEL RELEASE
Unless otherwise agreed in writing before the wedding, the Client grants Fern & Ivory Photography permission to use photographs from the wedding for portfolio display, website, social media, advertising, publication, competitions, sample products and other legitimate promotional purposes. Privacy or publication restrictions must be discussed and agreed to in writing before the wedding.
27. LIMITATION OF LIABILITY
Fern & Ivory Photography takes reasonable precautions to maintain equipment and protect image files.
The Photographer is not responsible for missed photographs resulting from circumstances outside reasonable control, including lateness, non-cooperation, interference, venue restrictions, schedule changes, weather or vendor actions.
In the unlikely event of catastrophic equipment failure, file corruption, loss or another circumstance preventing delivery of some or all photographs, the Photographer's liability will be limited to amounts paid for the affected services to the extent permitted by applicable law.
28. FORCE MAJEURE
Neither party will be considered in breach where performance becomes impossible or substantially prevented by circumstances beyond reasonable control, including severe weather, natural disaster, government restrictions, widespread emergency, serious illness or comparable events.
The parties will make reasonable efforts to determine an appropriate solution based on the circumstances.
29. ENTIRE AGREEMENT
This Agreement, the selected package and any written amendments constitute the entire agreement between the parties.
Any amendment must be agreed to in writing.
If any provision is determined to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
30. CLIENT ACKNOWLEDGEMENT
By signing this Agreement, the Client confirms that they have read, understood and agreed to its terms and have had the opportunity to ask questions before signing.
The Client acknowledges that weddings are live events involving changing circumstances and that Fern & Ivory Photography will use professional judgment throughout the wedding day to provide the strongest possible coverage within the services and time purchased.