Wedding Agreement Terms and Conditions
1. Exclusive
Photographer. The Photographer
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.
2. Deposit
and Payment.
The Client shall make a deposit to retain the Photographer to
perform the services specified herein. When the order is completed,
the deposit shall be applied to the total and Client shall pay the
balance. If the Client
refuses delivery of the order or to pay within thirty (30) days of
this order, Client shall be in default and shall pay five percent
interest on the unpaid balance until payment is made in full.
3.
Cancellation.
The Client may cancel at anytime for any reason before the wedding
date but will lose the deposit paid unto the
Photographer.
4.
Photographic Materials. All photographic materials,
including but not limited to negatives, transparencies, proofs, and
previews, shall be the exclusive property of the Photographer. The
Photographer shall make proofs and previews available to the Client
for the purpose of selecting photographs, but such proofs and
previews shall be on loan and, if they are not returned within
fourteen (14) days of receipt by the Client, shall be charged to
the Client at the same rate as finished prints of the same size,
unless proofs were included in a package deal.
5. Copyright
and Reproductions. The Photographer shall own the
copyright in all images created and shall have the exclusive right
to make reproductions.
The Photographer shall only make reproductions for the Client or
for the Photographer’s portfolio, website, samples,
self-promotions, entry in photographic contests or art exhibitions,
editorial use, or for display within or on the outside of the
Photographer’s studio.
If the Photographer desires to make other uses, the Photographer
shall not do so without first obtaining the written permission of
the Client.
6. Client’s
Usage. The
Client is obtaining prints for personal use only, and shall not
sell said prints or authorize any reproductions thereof by parties
other than the Photographer. If Client is obtaining a print
for newspaper announcement of the wedding, Photographer authorizes
Client to reproduce the print in this manner. In such event, Client shall
request that the newspaper run a credit for the Photographer
adjacent to the photograph, but shall have no liability if the
newspaper refuses or omits to do so.
7. Failure to
Perform. If
the Photographer cannot perform this Agreement due to a fire or
other casualty, strike, act of God, or other cause beyond the
control of the parties, or due to Photographer’s illness, then the
Photographer shall return the deposit to the Client but shall have
no further liability with respect to the Agreement. This limitation on
liability shall also apply in the event that photographic materials
are damaged in processing, lost through camera malfunction, lost in
the mail, 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.
8.
Photographer.
The Photographer may substitute another photographer to take the
photographs in the event of Photographer’s illness or of scheduling
conflicts. In the
event of such substitution, Photographer warrants that the
photographer taking the photographs shall be a competent
professional.
9.
Inherent Qualities. Client is aware that color dyes
in photography may fade or discolor over time due to the inherent
qualities of dyes, and Client releases Photographer from any
liability for any claims whatsoever based upon fading or
discoloration due to such inherent qualities.
10. Photographer’s Standard Price
List. The
charges in this Agreement are based on the Photographer’s Standard
Price List. This price list is adjusted periodically and future
orders shall be charged at the prices in effect at the time when
the order is placed.
11. Client’s Originals. If the Client is providing
original prints, negatives, or transparencies owned by the Client
to the Photographer for duplication, framing, reference, or any
other purpose, in the event of loss or damage the Photographer
shall not be liable..
13.
Miscellany. This Agreement incorporates the entire
understanding of the parties. Any modifications of this
Agreement must be in writing and signed by both parties. Any waiver of a breach or
default hereunder shall not be deemed a waiver of a subsequent
breach or default of either the same provision or any other
provision of this Agreement. This Agreement shall be governed
by the laws of the State of Pennsylvania.
