This is an agreement for wedding photography services. The one we use can be found at: http://www.thephotosofmywedding.com/TPOMW%20con....
Unless otherwise specified, a 50% non-refundable retainer is required to retain and secure the date. The full balance of wedding services and products are due one month prior to wedding date. Payment may be made in cash, check and credit card. Credit card payments require a processing fee. Your wedding date is not secured until we receive a completed agreement and the non-refundable retainer.
This agreement is between Client 1 Name and Client 2 Name, hereinafter referred to as the "Clients", and Photographer Name, hereinafter referred to as the "Photographer(s)".
Agreement date: MM/DD/YYYY
Date of Wedding: MM/DD/YYYY
Start Time: 2pm
Ceremony Time: 6pm
Ending Time: 11pm
Other Times/Arrangements and Services agreed on (i.e. rehearsal and/or dinner):
Client 1 Name
Address: Client 1 Address
Email: Client 1 Email
Phone: Client 1 Phone
Client 2 Name
Address: Client 2 Address
Email: Client 2 Email
Phone: Client 2 Phone
Name / Address / Phone:
Ceremony Location Name
Name / Address / Phone:
Reception Location Name
Name / Number: Name / Number 1
Name / Number: Name / Number 2
Additional contacts (i.e. bridesmaid or groomsman) must be able to be contacted on the day of the wedding.
Services and Products Ordered
includes eight hours of wedding day coverage, a six month online gallery for viewing and ordering, a wedding album pre-design, and rights to the wedding images
Amount agreed upon: $6,000
Booking fee/retainer: $3,000
Balance due by mm/dd/yyyybalance amount
The booking fee is due on signing this agreement (Booking Fee is 50% of the amount agreed with a maximum of $Booking Fee maximum), with the balance of the amount agreed due 30 days before the day of the wedding.
Terms and Conditions
This Client Services Agreement ("Agreement") is entered into, and is effective as of the Agreement Date by and between Donnan Photo LLC doing business as Andrew Donnan Photography and the person(s) identified as the Client on this Agreement.
- "Assignment" refers to the wedding day and any related photography services described on page one of the Agreement that Client is specifically commissioning Photographer to perform.
- "Cancellation" means that the Assignment is canceled by Client and not rescheduled. In the event of cancellation, Client will be responsible for those fees, costs and charges.
- "Photographer" or "Studio" mean the photographer identified on page one of the Agreement and the Studio.
- "Work" means all photographic images, negatives, digital files, prints, or other materials created by Photographer while performing the Assignment.
- "Other Photographers" refers to professional photographers other than those employed by the Studio, individuals acting in a manner of professional photographer and/or videographers taking still images.
- PROOFS AND ALBUM
- The digital proofs become available online eight weeks after the wedding. The digital proofs willbe available online for six months. Paper proofs and high resolution files in a USB drive (if ordered) will be available in one business day after the digital proofs are released.
- For Clients that pre-ordered albums with their packages, the pictures for the album design, album cover and other special instructions must be selected and turned in to the studio within 30 days after seeing their proofs.
- The first draft of the album will be available 30 working days after the customer submit all picture selection, for customer review and approval. Album turnaround time is 6-8 weeks after the final approval.
- It is the Client's responsibility to ensure that all albums and other product requirements in the package are submitted to the Studio at a timely manner. All albums and other products that came with the Clients package must be completed and delivered within one year of the wedding. Unless otherwise agreed upon, all unclaimed and unfinished products past the above stated deadline due to customer’s neglect or forgetfulness will be forfeited.
- CLIENT COOPERATION & UNDELIVERED WORK.
Photographer cannot perform the Assignment without cooperation of Client. In the event that Photographer and the Studio are unable to deliver a portion of the Work, or other goods, requiredunder this Agreement, due to failure of the Client to cooperate or to provide necessary approvals regarding the Work, or other goods, to the Studio, then the Studio shall not be obligated to deliver that portion of the Work, or other goods to Client, but instead the Studio and Client agree as follows:
- STUDIO CREDIT (six months). If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 6 months after the Assignment, then client shall receive a Studio credit for the undelivered portion of the work or other goods required under this agreement. Client may purchase the undelivered Work or or other goods at the Studio’s then current pricing.
- ARCHIVE FEE (12 months). If the Client does not perform the necessary acts or approvals related to the Work or other goods, within 12 months after the Assignment, then Client shall be charged a $250 archive fee to maintain storage of the undelivered Work or other goods. This archive fee shall be in addition to any other sums paid by Client pursuant to this Agreement.
- TERMINATION (18 months). If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 18 months after the Assignment, then the Studio’s performance of the Assignment shall be deemed complete and this Agreement shall terminate. Upon termination of this Agreement, the Studio shall have no further obligation to Client to store the undelivered Work or other goods. The Studio shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Studio shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to Client.
- Client shall pay the retainer fee to secure the Studio to perform the requested photographic services for Client at the specific date stated herein. The retainer fee is non-refundable.
- The retainer is a fee to secure the date and turn down other business opportunities that the Studio may partake in. Therefore, if the Client decides to cancel the wedding for whatever reason, the Studio keeps the retainer fee.
- If the Client decides to re-schedule or change the date of the wedding, the Studio may apply the retainer to the new event wedding date, provided that the Studio is available on that date. Otherwise, the Studio keeps the retainer fee.
- Client shall pay Studio in full the balance, including album and other related orders 30 days prior to the event. We do not send statements of account or invoices, therefore the customer is responsible for making sure the final payments are made per due date.
- We will try to work with the Client on payments, however should Client fail or refuse to pay when balance is due, Client will be in breached of this contract. Services will not be rendered. No additional orders will be accepted or processed until the balance is paid in full. The Client shall be liable for any necessary costs of collection.
- Client may pay the total outstanding balance due at any time without any prepayment penalty.
- NEGATIVES AND COPYRIGHTS
- Studio has the sole and exclusive right to hold all negative materials and transparencies and make additional reproductions there from for Client. The Client may purchase the high-resolution files of the wedding images. However, the Studio has the sole and exclusive ownership of the rights of the images.
- If the Client decide to purchase the high resolution files of the wedding, engagement, bridal or other additional event that Studio has photographed, the Client or it’s party is not permitted to manipulate the images by any means unless there is a written authorization from the Studio.
- Buyout Fee. To opt out of the Studio’s marketing, submission and getting featured process, a fee of $7,000 is required to buy out all of the rights to the wedding photographs. The Client acknowledges that with this fee, the Client will own all copyrights of the photos. Once the fee is paid up front, all of the wedding photos will remain completely private and at the disposal of The Client.
- STUDIO’S USE OF PHOTOGRAPHS
Studio will seek the Client's approval prior to usage or submissions of images for marketing and publications.
- LIABILITY OF STUDIO
- In the event that this Order cannot be completed due to an Act of God i.e. hurricanes,tornadoes or any inclement weather, strikes or other labor disturbances, severe weather conditions of any type; riots or civil disturbances; action or regulation by a local, state or Federal Governmental unit or agency; any event considered a "force majeure," or any other event or act outside the control of Studio, Studio’s liability to Client shall be limited to Client’s deposit less the cost of services rendered and products delivered prior to the event such as engagement and bridal sessions, luncheon, or rehearsal coverage.
- In the event that this Order cannot be completed due to severe sickness or accident or any cause not described in either Sections 8.1 and 8.2 above, The Studio will work in good faith to find the best replacement photographer possible for the Assignment. The Studio shall not be responsible for the services provided by any such replacement photographer, and the Studio shall not be liable for any damage or injury sustained by Client, if any such replacement photographer retained by Client, fails in whole or in part, to perform this Assignment. Once a replacement is confirmed, The Studio shall submit a full refund to customer less payment for work performed and products not delivered prior to the event. The payment for work performed will be based on its current pricing information. The Client will be billed accordingly should the Client owe the Studio money.
- Since weddings and special events are very unpredictable by nature, the Studio does not guarantee any one picture of certain subjects or family members to appear. The Studio will make every effort to coordinate the wedding timeline and shot lists with the Client to ensure that all parties involved in the picture taking are present when it is time. It is the Client’s responsibility (or their designated coordinator) to make sure that the important people they want to be photographed are at the agreed location and time.
- SOLE PHOTOGRAPHER. Photographer shall be the sole professional photographer at the event. Client acknowledges that the presence of Other Photographers will adversely impact the ability of the Photographer to create the work and as a result the Work may fail to meet the standards represented by the Studio in its portfolio and samples.
- The Studio uses both state of the art digital equipment and analog (film) cameras, with a goal to take utmost care to produce photographs and film (video) of good quality. However, we will not be responsible for circumstances beyond our control, including but not limited to power failure, equipment malfunction, and defective film and faulty equipment. If the work is prevented due to such occurrences, the entire amount paid by the client will be refunded.
- Studio reserves the right to make an additional charge to Client if the usage and purpose of this Order is other than as indicated herein.
- This Order is binding upon the parties, their successors and assigns and may only be altered in writing by the parties involved.
- For local travels and destination wedding travels, the Studio aims to protect and take utmost care of the transport of digital and analog medias that store the wedding images. The studio makes multiple backups on the digital medias, however, in the event of an unforeseeable accident, robbery or other circumstances beyond our control, the Studio will not be held responsible. Studio’s liability to Client shall be limited to Client’s deposit plus other payment less the cost of materials, and products delivered prior to the event such as engagement and bridal sessions, luncheon, or rehearsal coverage.
- Artistic Style. On its own behalf, and on behalf of the Client’s guests and invitees to the Event: the Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting the Photographer’s services with: (i) knowledge of the Photographer’s style; (ii) knowledge that the Photographer’s work is constantly evolving; (iii) knowledge that the Photographers services are of a unique and artistic nature; (iv) knowledge that the photographs may be different from the photographs taken by the Photographer in the past; and (v) knowledge that in creating the photographs, the Photographer shall use his personal artistic judgment to create images consistent with his personal vision of the Event, which vision may be different from any other person’s vision of the Event. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection by any party on the basis of taste or esthetic criteria. "
- STORAGE. The Studio will store all digital and analog negatives up to 18 months after the wedding or portrait session. After such time, the studio will delete all files and will no longer be responsible to store or archive any wedding or portrait files.
- MEALS. Client will provide meals to the Photographer and their team during the time when everyone is eating. An "eating" location short distance away from the guests and party is requested. Hot meals are requested, however since some venues charge a nice sum of money for vendor meals, sandwiches, pizza or take-out would be sufficient.
- PROCESSING FEE: If the Client is to pay the Studio by credit card, credit card payment processing fee as follows: 2.75% processing fee for swiped and online transactions, 3.5% + 15¢ for manually-entered transactions
This Work and Assignment cannot be downgraded up signing this agreement. Unless specified otherwise, a 50% non- refundable retainer is required to retain and secure the date. The full balance of wedding coverage, albums, and other orders are due 30 days prior to wedding date. A wedding date is not secured until we receive a completed agreement and the non-refundable retainer.
Please mail checks payable to: Andrew Donnan, 23b Race Street, Charleston, SC 29403
I have read this entire Agreement and I understand its terms. I agree to be bound by the terms of this Agreement.