1. ENTIRE AGREEMENT: This agreement contains the entire understanding between THISTLE & ROSE PHOTOGRAPHY and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your agreement below, THISTLE & ROSE PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 30% is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due 14 days prior to the wedding date. The CLIENT agrees that if the final balance is not paid within 2 days of the wedding date they forfeit their reservation, deposit and no services will be rendered. Late payments made after 14 days prior to the wedding date will incur a $200 late fee.
3. PHOTO DELIVERY: After the wedding, THISTLE & ROSE PHOTOGRAPHY will provide THE CLIENT with an online gallery of their edited images.
4. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit.
5. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations.
6. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
7. 120 MINUTE WINDOW: The bride and/or groom agree to set aside at least 60 minutes before the commencement of the wedding ceremony and a minimum 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 120 minute window from occurring, THISTLE & ROSE PHOTOGRAPHY shall not be held liable for failure to take desired photographs.
8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. THISTLE & ROSE PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to THISTLE & ROSE PHOTOGRAPHY. THISTLE & ROSE PHOTOGRAPHY recommends that THE CLIENT designate an "event guide" or day of coordinator (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
9. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and THISTLE & ROSE PHOTOGRAPHY agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, THISTLE & ROSE PHOTOGRAPHY will not be held liable for any photographs not taken.
10. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; THISTLE & ROSE PHOTOGRAPHY will offer technical recommendations only.
11. MEALS: The CLIENT agrees to provide Lindsey from THISTLE & ROSE PHOTOGRAPHY as well as any associate photographers with a meal and time to eat while the guests are eating during dinner.
12. RAW FILES, PRINTS and COPYRIGHTS: The photographs, raw files or prints produced by THISTLE & ROSE PHOTOGRAPHY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner withoutTHISTLE & ROSE PHOTOGRAPHY's explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
· The final edited digital files are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. THE CLIENT must obtain written permission from, and compensate THISTLE & ROSE PHOTOGRAPHY prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
•MODEL RELEASE: THE CLIENT hereby assigns and grants THISTLE & ROSE PHOTOGRAPHY and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases THISTLE & ROSE PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that THISTLE & ROSE PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by THISTLE & ROSE PHOTOGRAPHY.
• EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that THISTLE & ROSE PHOTOGRAPHY will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by THISTLE & ROSE PHOTOGRAPHY, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer(s) are in session. THISTLE & ROSE PHOTOGRAPHY suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of THISTLE & ROSE PHOTOGRAPHY to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography is not recommended. THISTLE & ROSE PHOTOGRAPHY will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar after THISTLE & ROSE PHOTOGRAPHY has completed shooting. In return for this consideration THISTLE & ROSE PHOTOGRAPHY insists no other guest photography take place when or where THISTLE & ROSE PHOTOGRAPHY is working. No other guest/photographer using professional equipment will be allowed by THISTLE & ROSE PHOTOGRAPHY at any time during the wedding.
• GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
THISTLE & ROSE PHOTOGRAPHY will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer and the CLIENT will be help responsible for the cost of damages. THE CLIENT understands that in such an event, no refunds will be granted.
13. COMPLETION SCHEDULE: The editing process begins immediately after your event. Sample photos will be posted to Thistle & Rose Photography Facebook page within 1 week. Galleries will be delivered within 8-12 weeks.
14. PAYMENTS: THE CLIENT agrees that 30% retainer is required at the time of contract acceptance and 100% of the remaining balance is due 14 days prior to the wedding date.
15. FINAL DELIVERY: THISTLE & ROSE PHOTOGRAPHY will deliver the digital files and any additional material once editing is completed. High resolution prints of these images can be ordered from THISTLE & ROSE PHOTOGRAPHY at the specified costs.
16. METHOD OF REMUNERATION: Payment may be made in cash or EMT to firstname.lastname@example.org
17. PURCHASE OF RAW FILES: THE CLIENT agrees that no raw files will be released to them for any reason.
18. PENALTY FEES & CHARGES: There is a $200.00 late payment fee for any payments that are not postmarked or delivered to THISTLE & ROSE PHOTOGRAPHY by the required date.
19. RIGHT OF WITHDRAWAL: THISTLE & ROSE PHOTOGRAPHY's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should THISTLE & ROSE PHOTOGRAPHY initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $450.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
20. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. THISTLE & ROSE PHOTOGRAPHY will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a 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.
THISTLE & ROSE PHOTOGRAPHY takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond THISTLE & ROSE PHOTOGRAPHY control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
21. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, THISTLE & ROSE PHOTOGRAPHY cannot place an unconditional guarantee on the above. THISTLE & ROSE PHOTOGRAPHYwill 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 THISTLE & ROSE PHOTOGRAPHY’s control.
22. PERFORMANCE: The performance of this contract on behalf of THISTLE & ROSE PHOTOGRAPHY shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
23. 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.
24. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and THISTLE & ROSE PHOTOGRAPHY at the time of acceptance of this contract shall be recognised as amendments to this contract.