Purpose
This agreement contains the entire understanding between the Photographer(s) 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, unless otherwise written in this contract.
Reservation
Upon your signature and retainer payment, the Photographer(s) will reserve the time and date agreed upon, and will not make other reservations for that time and date. This also includes time of communications and behind the scenes work to prepare for the event. For this reason, the Reservation Retainer is non-refundable, even if the date is changed or event cancelled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Retainer is to be paid at time of signing the contract. The Reservation Retainer is applied towards the contracted Event Package. Client understands and agrees that 75 % of the full contracted price be paid NO LESS than 30 calendar days prior to the event date (for the Event Package described in the contract). There will be a charge on the unpaid balance total of 15% per week (3+days = week) up until the event date until the balance is paid. The remaining balance (and any overdue charges) owed (for the Event Package described in the contract) is due on the day of and before the Event is to begin, or, on the Outstanding Balance Due date (if specified by photographer). Client agrees if the balance is not paid by this [event] time, this is a breach of contract and the Photographer will not photograph the Event, with a loss of Reservation Retainer and any payments made previous to event date by Client and no liability to the Photographer(s). See Event Cancellations and Payments for further information.
Pre-Event Consultation
The parties agree to a pre-event consultation (if needed or requested) before the Event in order to finalize the actual shooting times, locations, and Client’s request list (in writing) for specific photographs. The Client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The Photographer(s) will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.
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. The Client and the Photographer(s) agree that cheerful cooperation and punctuality by all members of the Event staff are therefore essential to that purpose. Shooting commences at the scheduled start time agreed by both parties. Should additional photography and/or travel time, that is not included in the agreed package, be requested by the Client, it will be charged out at the rates specified in the Assignment Package, rounded to the nearest hour.
Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their event, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Event fee covers travel within 30 minutes from Mexico/Salt Lick Rd. in Saint Peters, MO. Any location outside of these limits will be subject to an additional charge of $10 for every 15 miles past Mexico/Salt Lick Rd. in Saint Peters, MO as part of the agreement.
Scheduling
The Photographer starts at the agreed upon start time for the Event. Photographer is required to fulfill only the contracted time based on the contracted time agreed upon.
If client arrives late to the Event:
Photographer will only shoot for the duration of the contracted Event; Client understands this will also mean the number of edited photos returned may be reduced; No refunds will be given and all monies will be forfeited for time lost by client; It is up to the discretion of the photographer to extend current shoot to time lost by client.
If photographer arrives late to the Event:
Photographer's Default Option on the day of is to Extend the current Event Time for the amount of time photographer was late upon arrival. Client may choose one of two other options if there is not an option available to stay later- 1.) Schedule a Mini session (or Full session if photographer was more than 45 minutes late) (without penalty) for a different date and time for that same calendar year and current Event shooting will progress that day; or 2.) Event shooting still continues until contracted time, photographer will refund up to $300 for every hour late to client. Client MUST email Shutter Chicks Photography the issue and their choice no later than 48 hours after the end of that day's Event in order to fulfill one of these options, otherwise there will be no penalty for Shutter Chicks Photography or the photographer(s) and Event will be considered fulfilled as it was a contracted fulfilled Event.
House Rules
The Photographer(s) is/are limited by the guidelines of event officials and/or event location site management. The Client agrees to accept the technical results of their imposition on the Photographer(s). Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer(s) will offer technical recommendations only.
Change of Date or Venue
Shutter Chicks Photography dba K Very Photography must be notified immediately of any changes in schedule or location, at least one (1) week (seven (7) calendar days) prior to the scheduled date of event without penalty and at a maximum of one (1) time to reschedule (must be within the next twelve (12) months and photographer must be available). If the event is not able to be continued by Shutter Chicks Photography dba K Very Photography due to the change in date or venue, a refund of all monies paid minus the non-refundable retainer fee will be refunded. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least seven to ten (7-10) calendar days prior to the event. In the event of change of address or contact information (time, etc.) as listed, client(s) must notify Shutter Chicks Photography dba K Very Photography. Should client(s) fail to give at least one (1) week (seven (7) calendar days) notice or reschedules more than one (1) time, the non-refundable retainer fee and all monies paid thus far, client(s) understand are forfeited and will not be refunded or be able to be used for future services for any reason, except up to the Photographers sole discretion.
Event Cancellations
To cancel an Event, the client must notify Shutter Chicks Photography dba K Very Photography via email or phone call, along with a written notice sent via email for documentation. Cancellations via the client directly must be done more than seven (7) calendar days prior to the Event Date. If the event is cancelled 60+ calendar days prior to Event Date, client will receive refund of all monies paid MINUS the non-refundable retainer, as well as any additional fees (i.e.- if engagement session was completed (which will be charged at the rate of the current (not when contract is signed) Full Session rate)). If event is cancelled calendar days 8-59 prior to Event Date, for all monies paid towards the total Event Package (minus the non-refundable retainer fee), the client will receive a 50% refund of the total Event Package (minus the non-refundable retainer fee) to the original payment method. Should client fail to give at least one (1) week (seven (7) calendar days) notice, client(s) understand the non-refundable retainer fee and all monies paid thus far are forfeited and will not be refunded or be able to be used for future services for any reason, except up to the Photographers sole discretion. Should the client otherwise fail to perform under this contract, the full amount due under this contract will become immediately due and payable as liquidated damages. The client acknowledges that the amount of the fees, deposits, and retainers paid shall be liquidated damages in the event of breach because the actual amount of Shutter Chicks Photography dba K Very Photography's damages would be difficult or impossible to determine.
Event Food Service
Wedding couple/Client agrees to provide a meal for Shutter Chicks Photography dba K Very Photography and those employed by photographer.
Special Garments
Shutter Chicks Photography dba K Very Photography cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for special garments. Shutter Chicks Photography dba K Very Photography will not put any parties in a situation (unless requested by Lead Event Contact) that will cause harm or damage to special garments. However, to achieve certain photos, the clients agree that will trust the discretion of Shutter Chicks Photography dba K Very Photography and assistants.
Digital Negatives, Prints, Copyrights & Penalty
Shutter Chicks Photography retains all copyrights to all images created during client’s session.
The photographs, digital negatives or prints produced by the Photographer(s) are protected by International Copyright Law (all rights reserved) and the Photographer(s) retain(s) the copyright to all photos and images produced. The Client may receive a copy of the digital photographs on disc/thumb drive or online gallery access as part of the Event Package. A print release will be included with thumb drive digital files and upon request with your gallery to print portraits for personal use up to designated size. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Shutter Chicks Photography during client’s Event. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
If you receive photos from Shutter Chicks Photography, the non-watermarked photos are for your personal use only; the watermarked are for any public display: social media, contests, etc. You will not receive any unedited photos unless under discretion of Shutter Chicks Photography.
Note from photographer: I work very hard to create images that reflect you and your company, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
The Client agrees to prior written permission from the Photographer for Sale, Publication or any Commercial use of the photographs, as it is not allowed without the written Photographers permission. Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. By signing this contract, the client is aware of the style of photography that Shutter Chicks Photography dba K Very Photography produces.
Due to the lack of information about how long thumb drives/CDs/DVDs/online galleries can hold information, Shutter Chicks Photography dba K Very Photography recommends you back up your images on another media format other than thumb drives/CD/DVD/online galleries. Shutter Chicks Photography dba K Very Photography also recommends making multiple copies of thumb drives/CDs/DVDs every year to insure the images for years to come. Shutter Chicks Photography dba K Very Photography cannot be held responsible for the failure of thumb drives/CDs/DVDs due to mishandling. It is the client’s responsibility to keep several copies of any thumb drives/CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important.
Archive- After twelve (12) months from date of signed photo release, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. An additional $200 fee will be applied if new thumb drives or online gallery access are to be re-issued with original photos given.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
Model Release
The Client hereby grants to the Photographer(s) 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 hereby releases the Photographer(s) and his legal representatives and assigns from all claims and liability relating to said photographs.
Exclusivity / Guest Photography
The Photographer(s) will be the sole professional photographer at the event and 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(s) by enforcing the conditions of this agreement.
Cooperation of Guests and Other Service Providers
The Client is responsible for the conduct of the Coordination 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(s) will not tolerate verbally or physically abusive behavior, nor will the Photographer(s) share its time or compete with guest photographers for the attention of the subjects. Unchecked guest/vendor conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the Client is unable to control the conduct of the guests, themselves or their vendors or if the conduct of any of the Event guests, themselves or their vendors damage any of the equipment of the Photographer(s), it will result in the early or immediate departure of the Photographer(s). The Client understands that in such an event, no refund will be given. The photographer will not be held liable for any injuries/deaths/unforseen incidences from the use of their equipment. The Clients also agree to give the Photographer sufficient warning of key events to give the Photographer time to prepare.
Liability- Photographer is not responsible for any injuries/deaths/unforeseen incidences inflicted upon any participating parties. Client(s) will be responsible for their guests, for themselves, and their other vendors and release photographer from any claims against their person, their equipment, or their business.
Completion Schedule
The Client agrees that no part of the Event Package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital processing takes approximately 2 weeks to month. A digital proof album will be given to the Client no more than 90 (ninety) days after the Event, in the form of an Online Photo Gallery, or other medium, assuming the (Outstanding) Balance has been paid.
Payments
The Client agrees that the Reservation Retainer is required at the time of signing the contract. Client understands and agrees that 75 % of the full contracted price be paid NO LESS than 30 calendar days prior to the event date (for the Event Package described in the contract). There will be a charge on the unpaid balance due total of 15% per week (3+days = week) up until the event date until the balance is paid. The remaining balance (and any overdue charges) owed (for the Event Package described in the contract) is due on the day of and before the Event is to begin, or, on the Outstanding Balance Due date (if specified by photographer). Client agrees if the balance is not paid by this [event] time, this is a breach of contract and the Photographer will not photograph the Event, with a loss of Reservation Retainer and any payments made previous to event date by Client and no liability to the Photographer(s). The Retainer will not be refunded or be able to be used for future services for any reason, except up to the Photographers sole discretion. Please see Cancellation Policy above for any additional information.
For payments from Third Parties (those who do not sign the contract):
Client understands that payments will only be accepted from the client (who signs the contract) or client understands Refunds (if given) will only be refunded to the client no matter the payee. Gift Certificates may be purchased for the client and given to them for payment of services. Reiteration: Refunds (if given) will only be refunded to the client who signs this contract.
For Gift Certificates:
The Gift Certificates are only valid until the last date of expiration. Once the certificate is past expiration, they will no longer be valid use as payment or partial payment towards any type of session and Client(s)/Payer understand(s) this forfeit of payment. Gift Certificates may only be used on one session unless the Photographer and/or Owner of Shutter Chicks Photography states otherwise in written approval.
Penalty Fees & Charges
There is a $35 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(s) by the required date (this is for the final balance amount or outstanding amount due). For 75% Balance due prior to 30 days of the event date, there will be a charge on the unpaid balance due total of 15% per week (3+days = week) up until the event date until the balance is paid.
Right of Withdrawal
The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies (breach of any part of this contract) could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned checks, or late payments are examples of contributing factors. Should the Photographer(s) initiate the withdrawal, all fees and retainers will be returned, excepting fair market value for all services/products already provided. In case of either withdrawal, the current (not at time of contract signature date) Full Session rate is billed for all photography services already provided, as well as for all other services, consultations, and all travel time, rounded up to the nearest hour. If the Photographer(s) withdraw(s) -- the Client will not be billed for any services in excess of their retainers (except if retainer was in form of returned checks).
Limit of Liability
In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer(s) 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(s) take(s) 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 based on the percentage of total number of originals. Photographer is not responsible for the damage of portraits or thumb drives after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits and/or thumb drives prior to and upon receipt. Photographer is also not responsible for any issues related to the internet or the website used to deliver images.
Non-Guarantee
Although every possible care will be taken to produce photographs of all important and special moments during the Event, the Photographer(s) cannot place an unconditional guarantee on the above. The Photographer(s) will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; special effects lighting at the venue (stobe lights, mirrored balls, DJ lighting, etc.) or any other ruined photographs due to any other cause in or outside of the Photographer’s control. Low light conditions will cause images to appear grainy and have low resolution. Please note that not all guests like having their photo taken. In such cases the Photographer(s) will use his/her discretion but cannot be held responsible for a lack of photos of these people.
Photographer(s) is/are not responsible for interference out of their control (background, light, cleanliness of area, objects such as signs or power lines, etc), but will do their best to capture images reducing the amount of these interferences. To attempt to remove interferences, see below "Editing" regarding additional editing fees.
Editing: Photographer will do their best to edit to the client's liking, however client understands the work of the photographer and has chosen and accepted the photographer based on previous work. If there is further additional editing required other than what was originally given, a fee of $50 per image will be charged to the client no matter the extent of editing requested and must be paid prior to delivery of the newly edited image via a new invoice.
Client understands, upon receipt of photos, if any issues (editing, unhappy with photos, etc.) arise, client must notify photographer(s) immediately of the issue within 30 days of receiving the photos. Client also understands that once photos are downloaded, this informs the photographer(s) the pictures are to the client's approval and fulfillment of the contract by the photographer(s) has been completed.
Performance
The performance of this contract on behalf of the Photographer 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.
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.
Amendments
This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the Client and the Photographer(s) at the time of this signing shall be recognized as amendments to this contract.
Reprint Orders
If a disc of the digital photos is not part of the agreed Assignment Package, reprints (or additional prints) of photos and other products may be ordered by the Client, through the Photographer, or Online Photo Gallery, if included in the package, at listed prices.
Shutter Chicks Photography dba K Very Photography
This document is provided by Shutter Chicks Photography dba K Very Photography for its members and their clients only. This agreement is solely between the Photographer(s) and Client stated, and Shutter Chicks Photography dba K Very Photography will not be liable to either party for its use and enforcement. *Offerings [excluding prices] are subject to change without notice. The most up to date contract will immediately apply to any client that has already signed.
THE CLIENT BOOKING THE EVENT HEREBY ACKNOWLEDGES THEY ARE AT LEAST 18 YEARS OF AGE AND THAT THEY HAVE READ, AND UNDERSTAND THIS AGREEMENT’S CONTENTS.
Permission is hereby granted to Shutter Chicks Photography dba K Very Photography to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of Missouri shall govern this agreement.
You have the right to request a copy of this legal binding contract. If a copy of this contract is warranted, please communicate with Shutter Chicks Photography dba K Very Photography within 30 days of this signature date for them to provide a copy and send or give to you (the signer) in person.