Cancellation by Client: If the Client shall cancel this Agreement and if the Photographer does not obtain another assignment for that date, the retainer will be forfeited to the photographer as liquidated damages. If a cancellation is made, the client must cancel prior to 14 days before the wedding or the full payment must be made. All reasonable efforts would be made to secure another event on the same day.
Engagement Session: The Engagement Session is available to the client one time only and may only be rescheduled due to bad weather, such as rain or high wind, or if initiated by the Photographer. The session is 1-2 hours in duration. If the Client is late, the session time will be reduced accordingly as well as the number of agreed images taken.
Payments: Please make all payments payable to Rachel Nielsen Photography. Client will be charged a service fee of $40 for any returned checks. All balances must be paid in full before images are processed and additional orders can be taken.
Copyright and Reproduction: Final image selections are the property of both the Client and the Photographer and shall be delivered to the Client in the form of digital files available as a digital download (and on a USB thumb-drive by request). Unless otherwise documented by the Client and the Photographer, the Photographer shall only make reproductions for the client or for the use of Photographer’s portfolio, samples, self-promotions, entry in photographic contests and art exhibitions, editorial use, and other general display. Clients may use and reproduce their pictures, except for profit (personal use only). Clients wanting to use their wedding or engagement pictures for their own personal business, or to make a profit in any way, must contact Rachel Nielsen Photography to obtain a usage license. You will be receiving an email in approximately 6-12 weeks after the wedding date, informing you that your online gallery is ready for viewing.
Time: The photographer’s official start (and paid time) time begins at the time the client asks the photographer to arrive at the event, unless notification is given 24 hours prior to the event date.
Photographer: The Photographer listed below shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding.Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
Failure to Perform: If the Photographer cannot perform this Agreement due to fire, natural casualty, disaster, strike, act of God, or other causes beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the retainer to the Client, but shall incur no further liability with respect to this Agreement. This limitation of liability shall also apply should the photographic materials be damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the clients order.
Substitute/Replacement Photographer: Photographer may substitute another replacement photographer in the event of Photographer’s serious illness. In the event of such substitutions, Photographer warrants that the substitute/replacement photographer taking the photographs shall be a competent professional.
Arbitration: All disputes arising under this Agreement shall be submitted to binding arbitration before Rachel Nielsen Photography approved mediator in the state of Utah and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,500.
Miscellaneous: This Agreement incorporates the full understanding and agreement of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any wavier of a breach or default hereunder shall not be deemed a wavier of a subsequent breach or default of either the same provision or any other provision in this Agreement. This Agreement shall be governed by the laws of the State of Utah.
The parties have read this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.