3. Payment Arrangement
The Client will pay Amy Jo Photography the total fee specified amount on contract with Amy Jo Photography. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below. For the wedding on 07.21.18 a fee of ____$0_____ for services outlined in this contract. This does not include any extensive editing services requested by the clients in this contract. You will be given 10 photographs of your choice to be edited at a 2nd level tier.
Financial obligations for the wedding photography listed in this contract between (said clients) Cody Morris and Megan Miller has been fulfilled by an outside party.
PLEASE INITAL:___________ PLEASE INITAL:____________ (please digital initial above, initialing means you have agreed to reading and agree to the terms of this section)
25% of the package amount is due at the time of booking as a retainer fee to secure the rate and is non-refundable. The rest of the deposit is due one week before the session that is not a wedding photography session and one month before the wedding if it is a wedding photography session.
For photography sessions beyond 20 miles of the city limits of TOWN(Saltsburg Pa), the Client is responsible to pay mileage for the excess amount (roundtrip). The total fee presented on Amy Jo Photography's receipt to the Client is payable at the time of the specified session unless otherwise outlined below:
Lodging:In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than the amount of the hotel room fee to the Photographer at the time of the session.
4. Copyright
The Photographer retains the entire copyright at all times throughout the world for the photographs taken during the specified session. Where a digital file of photographs has been provided to the Client as a part of their personal collection, these photographs may be printed and displayed at home and on-line, for personal but not commercial use.
The Photographer retains the right in all cases to use the photographs obtained under this agreement in any manner at any time in any part of the world for the purpose of advertising or otherwise and maintains ownership of the original digital file.
5. Image Size, Color, Style and Composition
All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee an exact color match to the environment the photograph is taken in. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject photographs on the basis of style or composition.
In hiring photographer, you are choosing him for his creative and personal style. Please do not expect photographer to shoot in any other way than that of which you have seen unless photographer states otherwise.
6. Attendance
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule or appoint another Photographer to attend on her behalf to undertake the photography service as outlined in this agreement. The Photographer shall notify the Client at the time of the unlikely event of any rescheduling or of the name and contact information of a Replacement Photographer.
If the Client is unable to attend the session as outlined in Section 2 due to unforeseen circumstances he/she is responsible to notify the Photographer and reschedule a session.
7. Indemnity
The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
8. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
9. Reservation
A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
10. Event Schedule
The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
11. Safety
The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
12. Shooting Times / Additions
The CLIENT and Amy Jo Photography agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
13. Expenses Incurred
When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
14. Responsibilities
Amy Jo Photography is not responsible for compromised coverage due to causes beyond the control of Amy Jo Photography including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to Amy Jo Photography, rendering of decorations, or restrictions of the locations. Amy Jo Photography is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Amy Jo Photography is not held liable for missed coverage of any part of the EVENT(S). Amy Jo Photography will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
15. Venue and Location Limitations
Amy Jo Photography is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
16. Permits
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
17. Model Release
The CLIENT hereby assigns Amy Jo Photography 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
PLEASE INITAL:___________ PLEASE INITAL:____________ (please digital initial above, initialing means you have agreed to reading and agree to the terms of this section)
18. Limit of Liability
In the unlikely event that the assigned photographer from Amy Jo Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Amy Jo Photography, Amy Jo Photography will make every effort to secure a replacement. 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(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Amy Jo Photography control, including but not limited to camera, hard drive, or equipment malfunction, Amy Jo Photography liability is limited to the return of all payments received for the EVENT(S). 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. Amy Jo Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
19. Capture and Delivery
Amy Jo Photography is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the photographer.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the photographer. Client will receive a personal gallery on Amy Jo Photography’s website with the option to purchase prints from the gallery. Client will receive low resolution files sized for social media. Client will receive high resolution files via download or on a drive (for wedding files) from Amy Jo Photography’s website and limited print release.
PHOTO DELIVERY TIME LINE: Post processing time is six to eight weeks from the date of the wedding, 07.21.18. Please be aware of this time frame and if you wish to have your images back sooner, photographer may offer a seven-day rush fee of $500 USD, if schedule will permit. As soon as your images are completed you will receive notification via email, along with low resolution copies. Images may be used for personal use and sharing. If you choose to post your photos on social networks, please give proper credit to photographer with a link or tag to the photography Facebook page, Amy Jo Photography. All session sneak peeks are posted on Facebook unless client gives written notification prior to your photo session to photographer stating they do not wish for images to be posted. Client has 30 days from the delivery date on your print release included with your images to voice any concerns with the images. After 30 days, it will be agreed that client is completely satisfied with the session and images.
Screen shots from Amy Jo Photography’s website will not be tolerated and will violate said contract. Client agrees to use the low-res files for social media sharing.
In hiring photographer, you are choosing him for his creative and personal style. Please do not expect photographer to shoot in any other way than that of which you have seen unless photographer states otherwise. Photographer prefers clean, natural images showing the person’s true self, therefore he does not retouch extensively. A blemish here or there may be touched up. Please be aware and notify photographer of birthmarks that show during your shoot so that they can remain where they are. Amy Jo Photography does not edit extensively. If you request extensive editing please note that you will be billed for it and the images will not be released until the invoice is paid in full. Charges for extensive editing are $60 USD per hour billed in 15 minute increments with a one-hour minimum charge. Please note that Amy Jo Photography WILL NOT make you look like something that you aren’t. Images received from Amy Jo Photography MAY NOT BE EDITED OR ALTERED from their original version in ANY way.
PLEASE INITAL:___________ PLEASE INITAL:____________(please digital initial above, initialing means you have agreed to reading and agree to the terms of this section)
20. Photo Printing
Client will receive a “PHOTO PRINT RELEASE” with their images. This release allows for the client to print images at a location of their choice for personal use only. Images may not be submitted to any contests of any kind. Client agrees to read and abide by the rules stated in the limited copyright print release. Any violation of the copyright protection laws is punishable by law and Amy Jo Photography does enforce any violation. Amy Jo Photography highly recommends prints to be purchased from our website. Our monitors are color-calibrated to match the professional lab that we use. Amy Jo Photography is not liable for poor print quality if prints are not purchased through our website.
21. Wedding Requirements
Client agrees to provide seating and dinner for photographer and assistant.
Client agrees that Amy Jo Photography is to be the only photographer(providing an assistant or second shooter at the companies discretion if contract should require) at the wedding.
Amy Jo Photography highly suggests having an “unplugged wedding” where guests are discouraged from taking photos;the photographer will not be responsible for ruined photos or lost opportunities; including but not limited to flashes from other camera’s or guests blocking photo opportunities or distracted subjects. Having more than one photograher (outside of the companies choosen photographers) opens up for missed shots. If the lead photographer has to compete with the clients and the subjects being distracted due to "other" photography: Amy Jo Photography is not held liable due to missed shots if this instance should arrise.
Client agrees to provide photographer with wedding itinerary and will coordinate with the DJ on set times of events. If the DJ does not inform the photographer before announcing events, Amy Jo Photography will not be held responsible for missed photo opportunities. Photographer will choose a location and time for each session based on client request, proper lighting conditions, session style, and time of year. Locations will fit the photographer’s shooting/photographic style. Client agrees to cheerful cooperation and communication. If subject is moody or unresponsive, photographer cannot be expected to get the best images possible. Please plan for children and bring water, snacks, and/or a favorite toy. Amy Jo Photography isn’t responsible for moody, unresponsive subjects, and won’t be held liable for poor photos due to unresponsive subjects including but not limited to, eyes closed, not looking at the camera, etc.
PLEASE INITAL:___________ PLEASE INITAL:____________(please digital initial below, initialing means you have agreed to reading and agree to the terms of this section)
The Undersigned have read and understood the contract and agree to the terms and conditions in their entirety. I hearby agree to the terms once i have digitally signed this contract.
