CLIENTS –
Wedding Date and Coverage Time –
Wedding Ceremony –
Reception Location –
Services to be provided by Sam Nichols LLC, the PHOTOGRAPHER:
– 9 Hours of photographic coverage of the CLIENT(‘s) wedding, including two photographers for the date of ____________. Images will be edited for color and exposure, then delivered in high resolution through an online gallery. These images will be available online within 8 weeks of the ceremony.
– An online gallery of images will be available for a minimum of 9 months after it goes live, and will contain the high res files for personal download by THE CLIENT(S).
Fee for the above named services is ____________.
1. AGREEMENT, JURISDICTION & SEVERABILITY: This contract contains the entire understanding between the PHOTOGRAPHER and THE CLIENT(S). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties. The laws of the State of New Jersey shall govern this contract.
2. CLIENT affirms that they are at least 18 years old and have the capacity to enter into a contract with the PHOTOGRAPHER.
3. The PHOTOGRAPHER is an independent contractor and not an employee of THE CLIENT(S).
4. RESERVATION: Upon your signature, the PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that date. For this reason, the non refundable reservation retainer of $1,500 is not refundable even if the date is changed or the wedding cancelled for any reason. THE CLIENT(S) agree(s) that the remaining amount owed of $____________ for the wedding photography package described in the contract is due on or before the date of the wedding, ____________. Late payments will incur a fee of $10 per day.
5. FINAL IMAGE DELIVERY: Within 8 weeks of the wedding date, the PHOTOGRAPHER will provide THE CLIENT(S) with a website that will display all selected images for 9 months. This gallery will contain photographs taken at the event prepared at a size suitable for electronic distribution and printing. The PHOTOGRAPHER will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to THE CLIENT(S). These images will contain a mix of both color and black and white. This is done at the discretion of the PHOTOGRAPHER, and will be delivered as such. THE CLIENT(S) acknowledge(s) that some images may be shot on film in black and white, and cannot be converted to color. Please note that family formals and group pictures will always be delivered in color. Images determined by the PHOTOGRAPHER to be substandard or duplicated may be edited out.
6. COOPERATION: The PHOTOGRAPHER is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, or for missed images due to details not revealed to the PHOTOGRAPHER. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph will be promised. Any lists supplied for group pictures will be used for organizational purposes only. In order for the PHOTOGRAPHER to produce the best work possible, one (1) hour is requested on the day of the wedding exclusively with the bride and groom for portraits. This is requested to take place during daylight hours.
7. HOUSE RULES: The photographer is limited by the guidelines of the ceremony officiant or the reception site management. THE CLIENT(S) agree(s) to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; the PHOTOGRAPHER will offer technical recommendations only.
8. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives, and prints produced by the PHOTOGRAPHER are protected by U.S. Copyright Law (all rights reserved) and may not be reproduced or edited in any manner without the PHOTOGRAPHER’s explicit written permission. This includes but is not limited to cropping and color alteration. Upon final payment by THE CLIENT(S), limited usage of the resulting images will be transferred to THE CLIENT(S) under the following conditions:
a. The digital files are the property of THE CLIENT(S) for personal use and for the purposes of printing, electronic reproduction and distribution of photographs to friends and relatives. The client may not sell or publish the photographs without written permission from the PHOTOGRAPHER.
9. MODEL RELEASE: THE CLIENT(S) hereby assign(s) and grant(s) the PHOTOGRAPHER the right to use and publish photographs of THE CLIENT(S) or in which THE CLIENT(S) may be included, for editorial, trade, advertising, or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT(S) hereby release(s) the PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relating to said photographs.
10. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that the PHOTOGRAPHER will act as the sole and exclusive wedding photographer. Since guest photography may hinder the ability and output of the PHOTOGRAPHER, THE CLIENT(S) acknowledge(s) that guests with cameras may get in the way of pictures and cause certain images to be missed. The formal portrait photography time is for the exclusive use of the PHOTOGRAPHER to capture the formal wedding portraits, and guest photography is not permitted at this time. If there is another professional photographer, or guest with professional equipment acting as a photographer, hindering the duties of the PHOTOGRAPHER at the event, the PHOTOGRAPHER reserves the right to cease services until the matter is resolved. The client acknowledges that having another photographer at the event hinders the output of the PHOTOGRAPHER. This is considered a breach of contract on THE CLIENT’S part, and the entire contracted amount will still be paid in full regardless of missed images.
11. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer if the first PHOTOGRAPHER is unable to fulfill this contract. The PHOTOGRAPHER will do their best to find a substitute of equal quality and style, and the CLIENT can choose to move forward with the replacement, or to receive a refund of all monies paid. The PHOTOGRAPHER takes precautions in respect to transportation and processing of photographs, however in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond the PHOTOGRAPHER’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of images shall be a prorated amount of the exposures lost based on the percentage of total number of images.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
PHOTOGRAPHER
Samantha Nichols, Member, Sam Nichols LLC
CLIENT
CLIENT