Entire Agreement: This agreement contains the entire understanding between {fiance13} & {fiance2} , hereinafter referred to as the “CLIENTS”, and Love & Lenses Photography LLC , hereinafter referred to as “PHOTOGRAPHER(S)”. 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 all parties involved. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 8 months after the wedding/event date this agreement is considered complete; PHOTOGRAPHER(S) is under no further obligation to the CLIENTS.
Reservation: A signed contract and the following payment ${initialPayment68} (with sales tax) at signing are required in order to reserve the specified coverage. This agreement is not binding until the initial payment is paid. After two weeks, the contract becomes void and the date is released to other couples.
Pre-Event Consultation: The parties agree to a pre-event consultation (timeline meeting) which shall take place approximately one-two month(s) prior to the wedding date in order to finalize the photography timeline, locations, and CLIENTS shot request list (in writing) for specific photographs.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. PHOTOGRAPHER(S) requires that CLIENTS designate an "event guide" to point out important individuals for informal or candid photographs to the photographer during the wedding that they wish to have photographed. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying those individuals or gathering them for photographs (especially for family photos after the ceremony). PHOTOGRAPHER(S) is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to PHOTOGRAPHER(S).
Copyrights: Until Final Payment for services rendered is received, the photographs produced by PHOTOGRAPHER(S) are protected by Federal Copyright Law (all rights reserved) and may not be used in any manner without PHOTOGRAPHER(S) consent and written permission. Upon final payment by the CLIENTS, unlimited print rights are granted of the resulting images and will be transferred to the CLIENTS under the following conditions:
-The photographic images are the property of the CLIENTS for personal use and for the purposes of reproduction in order to give photographs to friends and relatives.
-The images are not to be sold or used for a profit.
-The CLIENTS must obtain a written permission form and compensate Love & Lenses Photography™ prior to the CLIENTS or their friends and relatives publishing the photographs.
Exhibition: CLIENTS grants PHOTOGRAPHER(S) permission to display selected images resulting from this assignment as an example of PHOTOGRAPHER(S) work and for entrance into photographic competition. CLIENTS thereby releases all claims to profits that may arise from such use of the selected images.
Model Release: The CLIENTS hereby grant to PHOTOGRAPHER(S) and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; and to copyright the same. The CLIENTS hereby releases PHOTOGRAPHER(S) and it's legal representatives and assigns from all claims and liability relation to said photographs.
Exclusive Photographer: The Photographer shall be the exclusive photographer retained by the CLIENTS for the purpose of photographing the wedding. Family and friends of the CLIENTS shall only be permitted to photograph the wedding as long as they shall not interfere with the Photographer's duties. The only time anyone aside from PHOTOGRAPHER(S) is allowed to take photographs is during candid moments in which PHOTOGRAPHER(S) has not instructed anyone for the photograph. A critical photograph can be obstructed by a guest trying to get that same shot. The Photographer reserves the right to limit access of other photographers, amateur or otherwise. The hiring of another photographer, professional or amateur, by the CLIENTS without notifying PHOTOGRAPHER(S) voids the Agreement. In this event, PHOTOGRAPHER(S) is not required to cover the event or return the paid photography fees.
PHOTOGRAPHER(S) will NOT tolerate any other hired photographers, amateur photographer, shooting at the events. If this case happens, here is our standard operating procedure.
· Politely ask the photographers to stop shooting.
· If they don’t stop shooting, advise bride or groom, coordinator involved, to go to person.
· Still don’t stop shooting, PHOTOGRAPHER(S) will leave the premises immediately and client advised to check the signed contract for further procedures.
In the event that the family/guests are taking photos, PHOTOGRAPHER(S) is NOT responsible for ruined photos, obstructed photos, photos ruined due to separate flashes going off.
Photo Cooperation: In the event that on the day of the event the CLIENT has asked us to stop taking photos due to weather, dress malfunction, drama, or any situation out of our control, the photographer is not held responsible for images not taken that would have normally been taken during that time. In the event that a special interactive activity (can include but not limited to, giving of gifts, special dances, announcements) happens, that the PHOTOGRAPHER(S) were unaware of or was not mentioned in the questionnaire that was filled out, PHOTOGRAPHER(S) will not be held responsible for those shots.
Food: Wedding Contracts that are contracted out longer than 5 hours are required to provide a meal for the PHOTOGRAPHER(S) on site. This does not have to be a plated meal but can be a vendor meal/”box lunch”. The PHOTOGRAPHER(S) need to be given this meal at the same time the bride & groom eats, so that the photographers are then able to cover all the events as they happen. If the PHOTOGRAPHER(S) is given a meal after all the guests, bridal party has been served and the next portion of the event has started (i.e. toasts, cake cutting, first dances), those shots will be missed if they have not had a chance to eat.
Tardiness: In the event that the client is tardy to do hair/makeup or other elements out of our control, the shots missed are not guaranteed due to time constraints.
Limit of Liability: In the unlikely event that the PHOTOGRAPHER(S) is injured or becomes too ill to photograph the event, PHOTOGRAPHER(S) will make every effort to secure a 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. PHOTOGRAPHER(S) takes the upmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER(S)’s control, PHOTOGRAPHER(S)’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.
Severability: If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Indemnification: CLIENTS shall defend and indemnify PHOTOGRAPHER(S) and its directors, officers, employees and stockholders, (collectively, “Indemnified Parties”) from and against all third party claims, actions, suits, demands, damages, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and costs) (“Claims”) which arise out of or relate to (1) death or bodily injury or (2) loss of or damage to real property resulting from any negligent act or willful misconduct of Subcontractor except to the extent that such Losses result from, in whole or in part, (a) the negligence, unlawful or wrongful acts of the Indemnified Parties or any other person acting in concert with them.
Penalty Fees and Charges: There is a $25 charge on checks returned for any reason. PHOTOGRAPHER(S) is not held responsible for items lost by the US Postal Service/UPS or invalid addresses on contact forms. In this event, the CLIENTS must pay $150 for the second set of USBs and shipping costs. In the event that PHOTOGRAPHER(S) stays longer than agreed upon at the event due to the CLIENTS' schedule (example: client arriving late and all photographs pushed back due to the time it takes to get ready), the CLIENTS will compensate PHOTOGRAPHER(S) per hour at a rate of $450 due on the day of the event. If this compensation is not received, the digital images from the event will remain PHOTOGRAPHER(S) property and will not be released to the client. A $5 per day late fee will be charged on any late payments.
Security Deposits: In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated damages to PHOTOGRAPHER(S) in the event of a breach of contract by the CLIENTS. The CLIENTS shall also be responsible for payment of any of PHOTOGRAPHER(S) material or charges incurred up to the time of cancellation.
Method of Cancellation: In the event of a cancelled or rescheduled wedding, PHOTOGRAPHER(S) requires notification in writing signed by the contracted party, sent via Certified Mail by the United States Post Office, prior to the original wedding date. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. In the event of a cancellation or postponement within 180 days of the event, the total amount agreed upon in this contract is due as scheduled and is non-refundable.
Wedding Date Change Policy: In the event that CLIENTS event date has been changed after the signing of this agreement, it is up to PHOTOGRAPHER(S)’s discretion if the same package amount applies for the second event date. Since dates are based on time of season and availability, additional funds may be necessary to book a new date. In the event that PHOTOGRAPHER(S)is not available for the new date, the deposit is non-refundable. In the event that the date is closer than 180 days the total amount agreed upon in this contract is due as scheduled and is non-refundable.
Credits: Album credits and all other print credits expire one year from wedding date. Although not likely, album and print prices are subject change without client notification. Photobooks require CLIENTS approval of design. Twelve months after the album design becomes active the Clients’ will be charged an archive fee at the rate of $50 to archive the album design until the CLIENTS approve the design to print (up to 6 mos.).
Completion Schedule: Editing and Digital-Download and/or USB/Gallery creation takes approximately three to five weeks or longer. If completion will take longer for any reason, PHOTOGRAPHER(S) will notify the client as soon as possible.
Engagement Sessions
Weather Policy: In the event of weather conditions that are out of our control: If the clients has been contacted and advised to reschedule due to PHOTOGRAPHER(S)’s concerns about weather, and the client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the client will be charged for an additional session at PHOTOGRAPHER(S)’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to PHOTOGRAPHER(S)’s discretion if bad weather persists to cancel the session, during the session.
If the CLIENTS have been contacted and advised to reschedule due to the PHOTOGRAPHER(S)’s concerns about weather, and the CLIENTS decide to go ahead and reschedule, the client will not be charged to do so. The CLIENTS will then be put on first alert for their engagement session and able to have their session even on non-session days.
Props: The CLIENTS are responsible for bringing any props that they would like in their photos. In the event that the CLIENTS have forgot a prop for the session and wants photos with that prop, the CLIENTS will be charged for an additional session at PHOTOGRAPHER(S)’s hourly rate to reschedule or shoot additional photos.
Appearance: In the event that the CLIENTS would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the CLIENTS will be charged for an additional session at PHOTOGRAPHER(S)’s hourly rate to reschedule or shoot additional photos.
Locations: If the CLIENTS have more than one location for the engagement session, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time.
Location Access and Fees: If the CLIENTS want to do a session at a location that charges for access, the CLIENTS will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
Outfits: Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.
Tardiness: In the event that the CLIENTS are late to the appointment set, the CLIENTS’ session will still be for the same scheduled ending time.
Engagement sessions will be sessions geared towards the couple. Individual headshots, houses, landscapes and all other shots not geared towards the couple will not be taken.
Completion Schedule: Photo editing and gallery creation takes approximately two to five weeks or longer. If completion will take longer for any reason, PHOTOGRAPHER(S) will notify the client as soon as possible. Digital Download is included with engagement session. You have the option to upgrade if you’d like your engagements on a separate USB as well.