$500.00 (plus tax) non refundable retainer is due at the time of contract signing. The remaining balance on your photography package is due 30 days before the wedding date.
This agreement contains the entire understanding between Amy Erickson and the CLIENT. 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.
A signed contract and the following payments ($500 retainer) are required in order to reserve the specified coverage.
The parties agree to a pre-event consultation which shall take place approximately one month prior to the wedding date in order to finalize the photography times, locations, and CLIENT's request list (in writing) for specific photographs.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Amy Erickson recommends that CLIENT 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. Amy Erickson is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Amy Erickson.
Until Final Payment for services rendered is received, the photographs produced by Amy Erickson are protected by Federal Copyright Law (all rights reserved) and may not be used in any manner without Amy Erickson’s consent and written permission. Upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
-The photographic images are the property of the CLIENT 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 CLIENT must obtain a written permission form and compensate Amy Erickson prior to the CLIENT or their friends and relatives publishing the photographs.
CLIENT grants Amy Erickson permission to display selected images resulting from this assignment as an example of Happy Gnome photography's work and for entrance into photographic competition. CLIENT thereby releases all claims to profits that may arise from such use of the selected images.
The CLIENT hereby grants to Amy Erickson and it's legal representatives and assigns, 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 and any other purpose and in any manner and medium; and to copyright the same. The CLIENT hereby releases Amy Erickson and it's legal representatives and assigns from all claims and liability relation to said photographs.
The Photographer shall be the exclusive photographer retained by the CLIENT for the purpose of photographing the wedding. Family and friends of the CLIENT 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 Amy Erickson is allowed to take photographs is during candid moments in which Amy Erickson 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 CLIENT without notifying Amy Erickson voids the Agreement. In this event, Amy Erickson is not required to cover the event or return the paid photography fees.
In the event that the family/guests are taking photos, Amy Erickson is NOT responsible for ruined photos, obstructed photos, photos ruined due to separate flashes going off.
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 photographers were unaware of or was not mentioned in the questionnaire that was filled out, Amy Erickson will not be held responsible for those shots.
Wedding Contracts that are contracted out longer than 6 hours are required to provide a meal for the photographers on site. This does not have to be a plated meal but can be a vendor meal/"sack lunch". The photographers 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 is given a meal after all the guests, bridal party has been served and the next portion of the event has started (ie toasts, cake cutting, first dances), those shots will be missed if they have not had a chance to eat.
In the event that the client is tardy due to hair/makeup/elements out of our control those shots missed are not guaranteed due to time constraints.
Limit of Liability:
In the unlikely event that the Photographer is injured or becomes too ill to photograph the event, Amy Erickson will make every effort to secure a replacement photographer. Client approval is required for replacement and the fee structure remains in place for the replacement to maintain fulfillment of services. 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. Amy Erickson 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 Amy’s control, Amy Erickson’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.
Penalty Fees and Charges:
There is a $50 charge on checks returned for any reason. Amy Erickson is not held responsible for items lost by the US Postal Service/UPS or invalid addresses on contact forms. In this event, the CLIENT must pay for the second shipping. In the event that Amy Erickson photography stays longer than agreed upon at the event due to the CLIENT's schedule (example: client arriving late and all photographs pushed back due to the time it takes to get ready), the CLIENT will compensate Amy Erickson photography per hour at a rate of $200 due on the day of the event. Client will need to approve and sign off on additional hours if needed. If this compensation is not received, the digital images from the event will remain Amy Erickson’s property and will not be released to the client.
In the event of cancellation, the security deposit paid is non-refundable. It shall be liquidated damages to Amy Erickson in the event of a breach of contract by the CLIENT. The CLIENT shall also be responsible for payment of any Happy Gnome material or charges incurred up to the time of cancellation.
Method of Cancellation:
In the event of a cancelled or rescheduled wedding, Amy Erickson 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 365 days of the event, the $500 agreed upon in this contract is due as scheduled and is non-refundable.
Wedding Date Change Policy:
In the event that your wedding date has been changed after the signing of this agreement, it is up to Amy’s discretion if the same package amount applies for the second wedding 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 Amy is not available for the new date, the deposit is non-refundable.
Editing and USB creation takes approximately four to six weeks. If completion will take longer for any reason, Amy Erickson will notify the client as soon as possible. Final images are in jpeg format. Raw images are never released to the client.