PHOTOGRAPHY AGREEMENT

Photography Agreement (version 20_a)

Photography Agreement – Wildflower Barn Photography

This Agreement is made effective for all purposes in all respects as of the date entered in “Today’s Date” below by and between “Wildflower Barn Photography”, also known as “COMPANY” and “Client” as designated in the fields below  relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).

ENTIRE AGREEMENT: This agreement contains the entire understanding between Wildflower Barn Photography 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. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to Wildflower Barn Photography. The CLIENT shall also be responsible for payment for any of Wildflower Barn Photography’s materials charges incurred up to time of cancellation.

EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Wildflower Barn Photography by the CLIENT.

SAFETY: Wildflower Barn Photography reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from Wildflower Barn Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.

SHOOTING TIME / ADDITIONS : The CLIENT and Wildflower Barn Photography agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT. 

EXPENSES INCURRED : When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.

TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the Wildflower Barn Photography’s studio address. For all EVENT(S) with a full wedding photography package (4 hours or more), the first 50 miles roundtrip of travel are included. All miles in excess of 50 miles roundtrip are charged at $.58 per mile. Travel Expenses for elopement packages vary depending on venue location.

RESPONSIBILITIES: Wildflower Barn Photography is not responsible for compromised coverage due to causes beyond the control of the Wildflower Barn Photography including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to Wildflower Barn Photography, rendering of decorations, or restrictions of the locations. Wildflower Barn Photography is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Wildflower Barn Photography is not held liable for missed coverage of any part of the EVENT(S). Wildflower Barn Photography will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

VENUE AND LOCATION LIMITATIONS: Wildflower Barn Photography is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Wildflower Barn Photography. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; Wildflower Barn Photography will offer technical recommendations only.

PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.

FILM and COPYRIGHTS: The photographs produced by the Wildflower Barn Photography are protected by Federal Copyright Law (all rights reserved), Wildflower Barn Photography grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Wildflower Barn Photography. The CLIENT must obtain written permission from Wildflower Barn Photography prior to publishing or selling the photographs.

MODEL RELEASE: The CLIENT hereby assigns Wildflower Barn Photography 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.

EXCLUSIVE PHOTOGRAPHER: The Client acknowledges that the presence of other photographers at the event may hinder or disrupt the delivery of quality photographic services by Wildflower Barn Photography. Wildflower Barn Photography shall be the exclusive photographer retained by the CLIENT for the purpose of the event. Wedding guests shall be permitted to photograph the wedding at Wildflower Barn Photography’s discretion.

LIMIT OF LIABILITY : In the unlikely event that the assigned photographer from the Wildflower Barn Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Wildflower Barn Photography, Wildflower Barn Photography will make every effort to secure a replacement. 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(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Wildflower Barn Photography’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). 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. Wildflower Barn Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

CAPTURE AND DELIVERY: Wildflower Barn Photography is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Wildflower Barn Photography.

POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of Wildflower Barn Photography. No RAW or unedited image will be delivered. Reasonable edits will be done at no cost, extensive editing will be at the cost of the CLIENT.

PAYMENT SCHEDULE: The aforementioned $450 non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full 60 days prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, Wildflower Barn Photography shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $30 non-sufficient funds fee. For elopement sessions at Chapel Dulcinea, a $150 non-refundable deposit is required to reserve the date. The remaining balance is due 30 days prior to the EVENT(S).

PRICING : Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.

I have read and understood the terms above. I hereby agree to the terms of this agreement.