CHANGE OF DATE OR VENUE
Cody Myers must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Cody Myers.
RETAINER
A non-refundable retainer fee of 50% of total wedding photography fee is required to hold the date of your event. No date is reserved until a retainer is received. The balance of the complete package price must be paid at the date specified herein. If final payment is not received as set forth herein, Cody Myers reserves the right to withhold delivery of the images. Upon the client's signature and payment of retainer fee, Cody Myers agrees to reserve the date and time specified. The retainer fee is applied towards the final contracted wedding package.
CANCELLATION
There shall be NO refund of the retainer after 48 hours from the signing of the agreement due to the reservation of the photography date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Cody Myers. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Cody Myers of the cancellation. The retainer fee will be transferable up to 365 days after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, Cody Myers cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules, and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Cody Myers will be used for organizational purposes only and in no way represents photography that will actually be produced. Cody Myers will do his best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.
UNFORESEEN CIRCUMSTANCES CLAUSE
If Cody Myers or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, then Cody Myers shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash/SD card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Cody Myers.
EXCLUSIVITY
Cody Myers shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Additional professional photographers may be employed only with prior written permission from Cody Myers. Guest photographers may NOT be active during the ceremony and will not be allowed to photograph during family and individual portraits. Cody Myers has exclusive rights over any and all videography on the wedding day. Videographers may not interfere with any of the photography on the wedding day.
PERMISSIONS
It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day. Should a location require a payment, this payment will be paid by the clients.
COPYRIGHTS
All photos created by Cody Myers are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Cody Myers to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Cody Myers' express written permission. The client may print (on their own) their personal wedding photographs with the written consent of Cody Myers only once in possession of the digital images. The negatives/digital files remain sole property of Cody Myers and will never be given or sold.
Cody Myers agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
*This applies only if giving Cody Myers Photography credit.
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY Cody Myers
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
EXPENSE REIMBURSEMENTS
The wedding couple agrees to reimburse Cody Myers for all reasonable expenses relating directly to the wedding event itself. For example, parking fees, destination travel fees, accommodations, etc. Cody Myers will bill the wedding couple after the event if arrangements haven't already been made prior to the wedding. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Cody Myers agrees to supply expense receipts if so requested.
EVENT FOOD SERVICE
Wedding couple does agree to provide a meal for Cody Myers and those employed by the photographer.
RETURNED CHECKS
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Cody Myers in the event that enforcement of this contract becomes necessary. All legal action shall take place in Nashville, TN.
CREATIVE LICENSE
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 Cody Myers produces.
SUBSTITUTION
In the event of illness or sudden event out of the control of both parties, Cody Myers will attempt to substitute a photographer at no cost to the client. This contract will be transferable to said photographer.
COOPERATION
The parties agree to positive cooperation and communication.
TERMS/CONDITIONS
*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.
STORAGE OF IMAGES
Cody Myers cannot be held responsible for the failure of USB drives due to mishandling. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. It's good practice to store backups of wedding images on a cloud service like Dropbox or Google Drive.
Backing up your images is very important.
THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND
UNDERSTAND THIS AGREEMENT’S CONTENTS.
Permission is hereby granted to Cody Myers 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 Tennessee shall govern this agreement.