AGREEMENT FOR PHOTOGRAPHY SERVICES
1. Description of Services. The parties agree that Jessica Lea (Photographer) will furnish photographic services as specified. The Client agrees that Photographer and a secondary chosen by Photographer will be the exclusive photographers retained for The Event. The Client may also hire professional videographer(s) to cover The Event. Wedding guests and family members are welcome to take limited photographs at The Event but, in doing such cannot interfere with The Photographer(s)' duties. The Client agrees that The Photographer(s) may, at their discretion, request guests and family members to cease and desist all photo activity and not allow guests to accompany the photographer(s) into certain portions of the event.
2. Compensation and Fees. A 50% deposit is required to reserve the wedding date. The Client understand that even if a payment plan is selected, and the event should be cancelled, amounts up to the deposit amount are still due. THE DEPOSIT IS NON-REFUNDABLE REGARDLESS OF THE EVENT BEING CANCELLED OR THE DATE BEING CHANGED. The remaining balance is due 14 days before the Event date. If the balance is not paid in full by the Event date, Photographer is not responsible for photographing the Event. There is a service charge of $50.00 on all bounced checks. No proofs, albums or images will be released until all payments are paid in full.
3. Photographer Health. In the unlikely event of personal illness, injury or other circumstances that would prevent Photographer from being able to photograph the event, a qualified substitute photographer will be sent to fulfill the obligations of this contract. If the Client declines a substitute the Client may instead terminate this agreement and receive a refund of moneys paid, minus deposit and expenses (including but not limited to, travel expenses and time invested in correspondence).
4. Limitation of Liability. Photographer’s entire liability to the client for any claim or loss arising from the Photographer’s performance is limited to a refund of the amount paid for services, minus deposit and expenses. The Photographer(s) will not be responsible for the effects of the subjects' physical appearance, including body position, facial expressions, blinking or clothing. The Photographer(s) will not be responsible for the effects of environmental conditions, including, but not limited to, weather conditions, temperature, existing lighting, aesthetics of the shoot location, other natural, or man-made phenomenon. The Photographer(s) cannot be responsible for any shots missed or ruined due to guest or family member interference. The Photographer(s) also, will not be responsible for circumstances beyond their control, including but not limited to, power failure, severe weather or disaster at venue site(s), changes to the wedding date, or equipment failure. The Client understands it is their responsibility to secure approvals from the location in order to shoot, written proof of approval to shoot at location is required prior to the date of the event. THE DEPOSIT IS NON-REFUNDABLE IF THE LOCATION DOES NOT AUTHORIZE, OR OTHERWISE PREVENTS SHOOTING.
5. Copyright & Usage. The Photographer(s) shall retain full copyrights to the images. The Client will not permit, participate or assist in any commercial use or sale of the images without specific consent of The Photographer. The Client will include “photo credit” to The Photographer when submitting images to blogs, publications or other online forms of social media (e.g.. Facebook, Instagram etc.) and further agrees not to make any editing adjustments to images without prior approval from The Photographer. The Event is considered public. The Client will make attendees aware that there is no expectation of privacy and may appear in the background of images used online. Use by The Photographer(s): The parties agree that Photographer may reproduce, publish, exhibit, and otherwise use the images created hereunder as samples of work to be shown to prospective clients, published on Facebook, the photographers blog, or any other self-promotion materials. The Client agrees that The Photographer(s) may provide photographic prints and/or electronic files to other vendor(s) who provided services at The Event for their self-promotional purposes.
6. Retouching. The Client understands that The Photographer does not provide RAW or unedited photos UNDER ANY CIRCUMSTANCES. Should the Client request editing or additional touch up be redone (outside of the editing process laid out in this contract) the Client agrees to pay $25 per photo, to re-touch, or re-edit. The Client understands that The Photographer only retouches to enhance a photo, not change its composition, unless agreed upon by The Photographer and The Client.
7. Proofing/Editing Process. The Client will proof their images in an online gallery. The Client can then request any additional black and white or special re-touches at this time. The Client will not receive their product(s) until they have approved the images and any edits. Once final images are delivered to the client no other edits will be done under this contract, they will be subject to The Photographer’s current rate for editing.
8. Product Pricing and Order Fulfillment. Prices listed are the prices in effect at the date of this contract. Orders placed after the event are billed at the rates in effect at the time of the order. The process for ordering an album will be covered in a separate consultation and contract.
9. Picture Requests. All requests for group portraits or other photo requests must be done in writing no less than 7 days before the event. If no written requests are submitted, then group portraits will be made at the sole digression of The Photographer. Due to the uncontrolled nature of the event, The Photographer cannot guarantee delivery of any specifically requested image(s). The Photographer retains the right to refuse to produce any image that could violate libel, copyright, or other laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage, or property damage or destruction.
10. Archiving. The Photographer agrees to archive images from the event for 12 months. The Photographer is not liable for archived images lost due to acts of war, terrorism, natural disasters, or off-site server failure. Digital images are provided via download. The Client is responsible for archival from the point of download. If the Client fails to archive images properly an additional download will be subject to The Photographer’s current rates, fees, and availability.
11. Digital Images. 2700x1800px @ 300dpi are the only size image provided, these images considered “high-res”. The Photographer is not liable for prints of any type printed outside of the Photographer’s approved print labs, including but not limited to photo position, colors of final product, or any other issue(s) the Client may have with the final product.
12. Agreement. The Client and The Photographer agree to all terms in this contract, and acknowledge receipt of a completed copy signed by both parties. Any modifications to this contract must be in writing, and agreed to by all parties. Handwritten modifications to this agreement will not be accepted. By signing below, the client agrees they are fully responsible for ensuring that full payment is made pursuant to the terms of this contract.
13. Venue. This Agreement shall be governed by the laws of the State of Florida.
14. Severability. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and the remainder of this Agreement shall remain operative and binding on the Parties.
15. Force Majeure. The Photographer shall not be liable for any failure or delay in performing its obligations under this Agreement if and to the extent that such failure or delay is caused by a Force Majeure event. A Force Majeure event means, any event or circumstance beyond the reasonable control of The Photographer or The Client including acts of God, fire, explosion, hurricane, typhoon, flood, other weather events, epidemic, pandemic, power failure, governmental actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labor disputes and strikes, or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing.
A party affected by the Force Majeure (the “Affected Party”) shall immediately notify the other party (“Non-Affected Party”) of the event, giving sufficient details thereof and the likely duration of the delay. The Affected Party shall use all commercially reasonable efforts to recommence performance of its obligations under this Agreement as soon as reasonably possible.
I have read and understand the above terms and conditions, and agree to abide by same: