Tasman Photography Agreement for Wedding Photography Contract.
This Photography Agreement (the “Agreement”) is entered into as of ___________(the “Effective Date”) by and between Tasman Photography (the “Photographer”) and _________ (the “Client”). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree to the following terms and conditions:
Terms and Conditions
1. Wedding and Portrait Photography Order: Photographer will be available for the number of hours specified in the chosen package. A combination of formal, posed portraits and informal, candid photographs will be taken. The wedding/portrait proof disk will be delivered to the client within 2 weeks of the wedding/portrait sitting. Once the package is completed a high-resolution disk including all the original images and colour corrected images will be supplied. All negatives/CDs will become the property of the client. Reprints and enlargements can be made from this disc with no additional payment due to the photographer. If the client requests high resolution files larger than 12x8, files will be prepared for a minimal fee.
1a. Ownership of the high-resolution digital files (negatives) is included with the chosen package and Client agrees to assume full responsibility for the care and condition of the DVDs. Photographer recommends storing copies on several locations, including off-site storage. Photographer is not responsible for the colour reproduction of enlargements from these files that have been taken to non-professional and/or consumer type labs. Photographer will keep a copy of these files for up to two (2) years after your Wedding Date.
2. Retainer and Payment (Weddings only): The non-refundable retainer of $400 (“Retainer”) is due at the signing of the Agreement. The Retainer is necessary to hold the date and will be deducted from the total amount due. The remainder of the Agreement fee (less $800 where an album is part of the package) must be paid twenty (20) days prior to the Wedding Date. Acceptable forms of payment include cash, personal checks and direct transfer. A $45 fee will be charged for any returned bank checks. Notwithstanding as otherwise provided herein, if Client (hereinafter defined below) fails, or refuses payment or delivery by the terms set forth herein, Client shall pay to Photographer a service fee of $50 plus 1.5% interest per month on the unpaid balance.
3. Cancellation (Weddings)
3a) At Client’s discretion. Client understands that pursuant to this Agreement, Photographer may forgo opportunities to book other business on the Wedding Date. Client understands that in exchange for this consideration, Client agrees to the following with regards to a refund/application of monies paid by Client to Photographer:
i) Reschedule. In the event that Client reschedules the Wedding and Photographer is available on the rescheduled date, a $150 booking fee will be charged for the change. The remainder of the Retainer will be applied to total fee owed. A new contract must be signed by both the Photographer and the Client. If the Photographer is unavailable for the new date, then the Reschedule will be treated as a Cancellation and the Client shall forfeit the Retainer in its entirety.
ii) Cancellation. In the event that Client cancels the Wedding and Photographer is able to rebook the original Wedding Date, Client will forfeit the Retainer but receive a refund on all other monies paid prior to the Cancellation. In the event that Photographer is unable to rebook the original Wedding Date, then Client shall forfeit the Retainer and all monies paid prior to the Cancellation. All notification of cancellation must be received in writing by Photographer.
3b) At Photographer’s discretion.
i) Force majeure. In the unlikely event that Photographer is unable to provide the services set forth in this Agreement on the Wedding Date for any reason including, but not limited to, illness, injury, emergency, or act of God, Photographer will make every effort to secure a replacement photographer acceptable to Client. If an acceptable replacement is not found, Photographer shall immediately refund all monies paid, including the Retainer. In such case that Client declines the substitute photographer, Client may instead terminate this Agreement and receive a full refund of all monies paid.
ii) Non payment. In the event Client fails to make any instalment payment due as set forth herein within ten (10) days of its due date, Photographer shall have the right to immediately terminate this Agreement and Client shall forfeit all monies paid to date.
4. Photographer’s Copyright and Reproductions: All photographs taken by Photographer or its representatives will remain the property of Photographer and are protected by general Copyright Laws and may not be reproduced (except as in clause 1 above) any manner without the written consent of Photographer. It is a violation of copyright law to allow photographs taken by Photographer to be altered from the original image (eg Photoshopped) in any manner. Photographer reserves the right to use and reproduce any and all images taken for advertising and promotional purposes.
5. Client’s Use of Images: Client can obtain prints and images for personal use only including non-commercial websites, and shall not sell said prints or authorize any reproductions thereof by the parties other than the Photographer. If Client is obtaining a print for a newspaper announcement of the wedding, Photographer authorises Client to reproduce the print for this purpose with request that you notify the photographer.
6. Requested Photos (Weddings): While the Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that a wedding is an uncontrolled event and that due to the vagaries of the weather, available light, and willingness of subjects, Photographer cannot possibly guarantee that any particular requested photograph will be taken.
7. Exclusivity (Weddings): Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with Photographer’s duties and do not photograph poses arranged by Photographer apart from family groups.
8. Officiate and Venue Restrictions: Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of Photographer. Client agrees to hold Photographer harmless for the impact such guidelines or rules may have on the resulting photographs.
9. Limits of Liability: "Limits of Liability: Although all care will be taken with the digital images, negatives and photographs taken at the wedding, Tasman Photography limits any liability for loss, damage or failure to deliver pictures for any reason to return of all amounts paid for services. While all efforts are made to include requested photographs, because a wedding is an uncontrolled event, Tasman Photography cannot guarantee delivery of any specifically requested images(s). An obstruction or interference not caused by Tasman Photography which prevents the photographer from performing their duties in properly documenting your wedding is the responsibility of the bridal party. This includes but is not limited to any act, delay, lateness of members of the bridal party, change in locations, errors in instruction or church restrictions regarding photography. Every effort will be made to assure your satisfaction according to professional standards. However, Tasman Photography is not responsible for any subjective interpretations of photography."
10. Miscellaneous. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of New Zealand.
The parties have read this Agreement in full, agree to all of its terms once the deposit has been made and it is assumed that all parties are in agreement to this contract.
Nelson Wedding and Commercial Photographer - Tasman Photography