Photographer shall be the exclusive photographer retained by Client for the purpose of photographing the event. It is understood that Photographer is the exclusive official photographer retained to perform the photographic services outlined in this contract.
Client shall pay a reservation fee equal to 50% OF TOTAL to secure the services and products specified herein. Upon signing this contract the amount of the retainer shall be applied to reduce the total balance of the package. The final balance must be paid in full seven (7) days prior to the event. The total balance due for any orders placed must be paid in full prior to any work beginning on the ordered images or products.
Cancellation or Postponement
If Client should cancel the event for any reason, the reservation fee will not be refunded. If canceling this contract Client must notify Photographer in writing.
Photographer shall own the copyright for all images created at the event and shall have exclusive right to make reproductions. Photographer shall only make reproductions for Client or for Photographer’s portfolio, studio samples, self promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Photographer shall not do so without first obtaining written permission from Client.
It is a violation of federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Client agrees to purchase prints and products directly from Photographer unless in possession of digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner, for any reason, without a written release from Photographer.
Client Usage
Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Photographer. If Client is obtaining a print for a newspaper announcement of the wedding or similar use, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit to Photographer with the image, but shall have no liability if the newspaper refuses or omits to do so. Usage of images that Client receives on CD or DVD is outlined in Section 6, below.
Release of Digital Files
If Client purchases Digital Negatives of the event, these files will be delivered via digital download. By releasing the digital negatives, Photographer authorizes the Client to use the images contained in the download for their own personal use, including printing of the images at a lab of Client’s choosing. The digital negatives will be of the same quality as the images that are presented to the client online through the client gallery. Photographers are not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. The images may not be sold or published without the written consent of Photographer. Photographer will retain the copyright of the images contained in the download as well as the exclusive rights detailed in Section 4 “Copyright and Reproductions.” Electronic files are released to Client 90 days after coverage date.
Failure to Perform
If Photographer cannot perform this agreement due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, then Photographer shall return all monies paid, including the retainer, and shall have no further liability with respect to this contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event that Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the value of Client’s package.
Inherent Qualities
While Photographer adheres to the highest standards possible with respect to photographic materials, Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. If changes occur to any photographic materials, which are greater than normal fading and discoloration, the materials will be replaced at the discretion of Photographer.
Standard Price List
The charges in this contract are based on Photographer’s standard price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested.
Final Prints
Final Prints are individually edited for color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, DVDs, proof books, and albums. Additional modifications and enhancements are billed at the photographer’s current retouching rates.
Requested Photographs
While Photographer will make every reasonable effort to take specifically requested photos, Client understands that due to the varieties of the weather, available light, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.
Artistic License
Photographer shall be granted full artistic license in relation to the poses photographed and the locations used. Photographer will not be held responsible for the lack of coverage caused by lack of availability of subjects or subjects not being on time.
Shipping and Handling
Insurance
Photographer maintains business liability insurance with Statefarm Insurance Company to protect Client from claims by the property owner for accidental damage Photographer and staff may cause. Certification of insurance is available upon request. Specific requirements by the venue to list the venue as additional insured on Photographer’s insurance policy must be requested at least 30 days prior to the event.
