Retained Photographer
The bride and groom (hereafter CLIENT) hereby agrees that Kayla F Photography will photograph said wedding date and shall be the exclusive stills/print photographer retained to provide the photography at the above described event. It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract, with the exception of a Photo Booth photographer (See Photo Booth Photography). Any such breach of contract will release Kayla F Photography from any further responsibility under this Agreement, and any monies paid by CLIENT will be retained by Kayla F Photography as liquidated damages. Notwithstanding, capturing, selling, and/or reproduction of still/print photography from the aforementioned event by any vendors on behalf of CLIENT is strictly forbidden and shall be deemed a breach of this contract. It is agreed that any such breach of contract will release Kayla F Photography from further responsibility under this Agreement, and monies paid by CLIENT will be retained by Kayla F Photography as liquidated damages.
Cooperation
Unless otherwise noted, Kayla F Photography, it's associates or employees, will be the exclusive photographer(s) at this event. CLIENT agrees that the guests may not take photos of the assigned photographer(s) setups, poses or arrangements without prior permission of the photographer(s). The Parties agree that good faith cooperation and communication between them is important in obtaining a good result. Kayla F Photography recommends that CLIENT identify to the photographer(s) important individuals during the event and during associated portraits, if they wish to have them photographed. Kayla F Photography will not be held accountable for not photographing desired guests if there is no ne to assist in identifying and gathering people for photographs. Kayla F Photography is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to Kayla F Photography or beyond the photographer(s) control.
Emergencies
In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, KAYLA F PHOTOGRAPHY will make every effort to secure a replacement photographer. If a suitable replacement is not found, CLIENT agrees that responsibility and liability of KAYLA F PHOTOGRAPHY to the CLIENT is limited to the return of all payments received for the event. Serious injuries or death of any of the signing parties to this agreement or an immediate family member will cause this agreement to be void, with documentation from physician, funeral director, etc. All fees except retainer will be returned.
Limit of Liability
KAYLA F PHOTOGRAPHY takes the utmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond KAYLA F PHOTOGRAPHY control. CLIENT agrees that KAYLA F PHOTOGRAPHY or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event. CLIENT further agrees that the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the estimated percentage of the total number of original images.
CLIENT hereby agreeS that KAYLA F PHOTOGRAPHY’s liability for damages pursuant to this Agreement is limited in amount to total value of the RETAINERS actually paid by CLIENT pursuant to this Agreement.
Retainers and Cancellations
To assure the appearance of KAYLA F PHOTOGRAPHY for said date and time, CLIENT agrees to pay a NON-REFUNDABLE RETAINER of 50% of the Final Total upon the signing of this Agreement. Should CLIENT cancel or otherwise breach this Agreement, the NON-REFUNDABLE RETAINER shall be liquidated for damages to KAYLA F PHOTOGRAPHY. The CLIENT shall also be responsible for payment of any materials/charges incurred up to time of cancellation. Otherwise, the retainer shall be applied towards the Final Total, with the remainder of charges payable in full, two weeks prior to event date. Make payments to Kayla F Photography, 57 Osgood Place, San Francisco, CA 94133. CLIENT agrees to pay a service charge of $35 for returned check or payment. CLIENT agrees that KAYLA F PHOTOGRAPHY may withhold the final products & services from CLIENT until the entire balance of all fees are paid in full.
Upon receipt of the NON-REFUNDABLE RETAINER, KAYLA F PHOTOGRAPHY agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the wedding be rescheduled or postponed, the retainer paid may be applied towards a new date based on KAYLA F PHOTOGRAPHY's availability. If KAYLA F PHOTOGRAPHY is not available on the rescheduled day, or if wedding is cancelled, THE NON-REFUNDABLE RETAINER shall be liquidated for damages to KAYLA F PHOTOGRAPHY. Should the event be postponed as a result or wars, revolutions, acts of enemies, strikes, floods, fires, power failures, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give KAYLA F PHOTOGRAPHY first opportunity to provide photography services under the same terms and conditions. Should KAYLA F PHOTOGRAPHY be unavailable for the rescheduled date, a full refund is due, less the NON-REFUNDABLE RETAINER.
Photo Booth Photography
Photo Booth Photography is permitted at contracted wedding however, with this guideline. Contracted photo booth photographer will operate photo booth only and is not permitted to document or photograph any other aspect of said wedding.
Images and Copyrights
Photographs/Images produced by KAYLA F PHOTOGRAPHY are protected by Federal Copyright Law (all rights reserved). Upon final payment by CLIENT, CLIENT is granted limited license to use and display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of KAYLA F PHOTOGRAPHY. This includes CLIENTS who receive a high resolution digital disk with printing rights, who may make prints for personal use, as indicated on disk label, but may not copy, or re-distribute the disk in any manner. The CLIENT must obtain written permission from, and compensate KAYLA F PHOTOGRAPHY prior to the CLIENT, its associates, friends or relatives publishing or selling the photographs.
Photo Use & Model Release
Permission is hereby given to KAYLA F PHOTOGRAPHY to use reproduction of pictures for general marketing purposes in accordance with reasonable commercial practice including, but not limited to, within KAYLA F PHOTOGRAPHY’s place of business, on the Internet, and for personal meetings with prospective clients. CLIENT hereby agrees that all negatives, digital files and any and all pictures derived therefrom at the described event are the property of KAYLA F PHOTOGRAPHY. CLIENT may not sell their images or authorize any third part use of any image without written consent of the KAYLA F PHOTOGRAPHY.
FOOD and BEVERAGES
It is understood that KAYLA F PHOTOGRAPHY and assistant (if applicable) should be provided adequate food and drink during any shoot lasting longer than 5 hours.
House Rules
CLIENT agrees and understands that the photographer(s) are limited by the guidelines of the ceremony official or reception site/venue management and CLIENT agrees to accept the results that may occur from said guidelines. Negotiation with the officials for moderation of guidelines is solely the CLIENTs responsibility. KAYLA F PHOTOGRAPHY will however offer technical recommendations concerning such guidelines.
In Case of Rain
In case of rain on the date of the event in such a manner that prevents a satisfactory portrait session, KAYLA F PHOTOGRAPHY will offer a free two-hour portrait session for the bride and groom to be scheduled immediately and must occur within six weeks of the wedding date.
Pricing
Current prices for items ordered and/or itemized as stated above will be guaranteed for 180 days after event date. If CLIENT' order is not placed within that time frame, items may be charge new prices. Thus, if CLIENT waits to place an additional order, it may cost more. Prices are subject to change at any time without this notice.
Completion Schedule
Images are expected to be prepared for proofing within 6 weeks of the event date. USB creation is expected within 8 weeks. Printed items and albums may require additional time. KAYLA F PHOTOGRAPHY will hold high-resolution files no less than one year beyond the wedding date.
Albums
CLIENT will "Favorite" at least 100 images (but no more than 150) for use in the wedding album. KAYLA F PHOTOGRAPHY will use artistic discretion and create and design the wedding album. Not all images will be used in the design of the album and some additional images may be selected in order to create an appealing feel and balance. Once completed, the design will be viewed by the CLIENT for approval. CLIENT will be able to make no more than 3 rounds of changes. Any additional changes will result in a $75 fee per round of changes. Production and delivery time will be approximately 6 weeks from the final approval date. A 50% non-refundable retainer will be due in order to begin the album design process."
Artistic Discretion
KAYLA F PHOTOGRAPHY will make every effort to assure CLIENT satisfaction according to accepted industry standards. Any artistic interpretations by KAYLA F PHOTOGRAPHY will be deemed acceptable and correct. Due to the changing and fluid nature of special events, KAYLA F PHOTOGRAPHY does not guarantee the production of any specific image(s). Events outside of KAYLA F PHOTOGRAPHYs control, such as weather, late arrival of CLIENT or subjects, missing persons, short timelines, venue restrictions, guest interference, intoxicated individuals, etc. may preclude the creation of some images. KAYLA F PHOTOGRAPHY assumes no liability for failure to comply with the terms of the Agreement due to events outside of KAYLA F PHOTOGRAPHYs control.
Arbitration
If any dispute between the parties arises under this agreement and cannot be resolved in good faith through informal negotiation, such dispute shall be settled by arbitration. KAYLA F PHOTOGRAPHY and CLIENT shall agree on a firm or individual to conduct the arbitration. KAYLA F PHOTOGRAPHY and CLIENT shall provide an equal share of the costs of conducting the actual arbitration. KAYLA F PHOTOGRAPHY and CLIENT shall each bear their own costs for legal representation, transcripts, depositions and any other costs required to prepare the arbitration.