Wedding Photography Contract
Client
___________________________________________________________ Date___________________________
Address_________________________________________________________ Telephone ______________________
_____________________________________________________ Order Nu
Number_________________
Bride’s
Name_____________________________________ Groom’s Name_______________________________________
Address__________________________________________
Address_____________________________________________
___________________________________________________ ______________________________________________________
Couple’s
future address _____________________________________________________________________________________
Description of Photographic Services to be Provided
[
] Black and White print for Newspapers [ ] Bride only
[ ] Bride and Groom
Number
of previews or proofs to be shown to Client [ ] Color _______ [ ] Black and White _______
Locations for Photography [
] Studio Date___________ Time___________
[ ] Home, address__________________________________
Date___________ Time___________
[ ] Rehearsal, address_______________________________ Date___________ Time___________
[ ] Ceremony, address_______________________________
Date___________ Time___________
[ ] Reception, address_______________________________
Date___________ Time___________
Special
Services, if required ________________________________________________________________________________________ ______________________________________________________________________________________________________________
Charges.
The package fee is based on the Photographer’s Standard Price List and includes the photographs described therein.
If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee and in accordance with the Standard Price List. In addition to either the
package fee or the session fee, the extra charges set forth below shall be billed if and when incurred.
[ ] Package Fee (Package number _____) ................................................... $__________
[ ] Fee Without Package................................................................................
$__________
Extra Charges
Additional prints ................................................................................... $__________
Resitting................................................................................................ $__________
Special retouching ..............................................................................
$__________
Special finishes....................................................................................
$__________
Rush service.........................................................................................
$__________
Unreturned previews ........................................................................... $__________
Overtime ...............................................................................................
$__________
Travel.....................................................................................................
$__________
Other _______________________________________________________ $__________
Subtotal $__________
Sales tax $__________
Total Due $__________
Less deposit $__________
Balance Due $__________
The
parties have read both the front and back of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as
Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
Client __________________________ Client _________________________ Client ___________________________
Photographer ___________________________________________ Date _____________________________
This Agreement is subject to all the terms and conditions appearing on the reverse side
.
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. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the
balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay _____ percent interest on the
unpaid balance until payment is made in full.
3. Cancellation.
If the Client shall cancel this Agreement thirty (30) or more calendar days before the wedding date, any deposit paid to the Photographer shall
be refunded in full. If Client shall cancel within thirty days of the wedding date and if the Photographer does not obtain another assignment for that date, liquidated damages shall be charged in
a reasonable amount not to exceed the deposit.
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.
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, 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 for any amount in excess of the retail value of the Client’s order.
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 for an amount in excess of $_________ per image.
12. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before ______________________ in the following location ____________________________________ and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $__________.
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 ___________________
AGREENT, entered into as of the _____ day of ___________, 20 _____, between ______________________, located at ______________________________________________ (hereinafter referred to as the “Client”)
and
__VogelPhoto_, located at ___Missouri City, Texas__ (hereinafter referred to as the “Photographer”) with respect to the licensing of certain electronic rights in the Photographer’s photograph(s) (hereinafter referred to as the
“Work”).
1. Description of Work.
The Client wishes to license certain electronic rights in the Work which the Photographer has created and which is described
as follows:
Title_______________________________________________________________ Number of images_______
Subject matter_______________________________________________________________________________
__________________________________________________________________________________________ .
Form in which work shall be delivered [ ] computer file (specify format
________________)
[ ] original transparency (size ___________)
[ ] dupe (size ___________)
2. Delivery Date.
The Photographer agrees to deliver the Work within _____ days after the signing of this Agreement.
3. Grant of Rights.
Upon receipt of full payment, Photographer grants to the Client the following electronic
rights in the Work:
For use as_______________________________________________in the_______________________language
For the product or publication named__________________________________________________________
In the following territory_______________________________________________________________________
For the following time period___________________________________________________________________
For display purposes only without permission for digital copying by users of the product or publication unless specified to the contrary
here____________________________________________________________
With respect to the usage shown above, the Client shall have nonexclusive rights unless specified to the contrary here________________________________________________________________________________
Other limitations_____________________________________________________________________________
If the Client does not complete its usage under this Paragraph 3 by the following date_________________, all rights granted but not exercised shall without further notice revert to the Photographer
without prejudice to the Photographer’s right to retain sums previously paid and collect additional sums due.
4. Reservation of Rights.
All rights not expressly granted hereunder are reserved to the Photographer, including but not limited to all rights in
preliminary materials and all nonelectronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network
servers.
5. Fee.
Client agrees to pay the following: $___________ for the usage rights granted.
6. Additional Usage.
If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Photographer and make
such payments as are agreed to between the parties at that time.
7. Alteration.
Client shall not make or permit any alterations, whether by adding or removing material from the Work,
without the permission of the Photographer. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects, unless specified to the contrary here______________________________________________________
____________________________________________________________________________________________________________
8. Payment.
Client agrees to pay the Photographer within thirty days of the date of Photographer’s billing, which shall be dated as of the date of delivery of the Work.
Overdue payments shall be subject to interest charges of _____ percent monthly.
9. Loss, Theft, or Damage.
The ownership of the Work shall remain with the Photographer. Client agrees to
assume full responsibility and be strictly liable as an insurer for loss, theft, or damage to the Work and to insure the Work fully from the time of shipment from the Photographer to the Client until the time of return receipt by the
Photographer. Client further agrees to return all of the Work at its own expense by registered mail or bonded courier which provides proof of receipt. Reimbursement for loss, theft, or damage to
any Work shall be in the following amount:____________________________________________ Both Client and Photographer agree that these specified value(s) represent the fair and reasonable value of the Work. Unless the value for an original transparency is specified otherwise in this paragraph, both parties agree that each original transparency has a fair and reasonable value of $1,500 (Fifteen Hundred Dollars).
Client agrees to reimburse Photographer for these fair and reasonable values in the event of loss, theft, or damage.
10. Samples.
Client shall provide Photographer with _____ samples of the final use of the Work.
11. Copyright Notice.
Copyright notice in the name of the Photographer [ ] shall
[ ] shall not accompany the Work when it is reproduced.
12. Credit.
Credit in the name of the Photographer [ ] shall
[ ] shall not accompany the Work when it is reproduced. If the work is used as a contribution to a magazine or for a book, credit shall be
given unless specified to the contrary in the preceding sentence.
13. Releases.
The Client agrees to indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release was requested,
uses which exceed the uses allowed pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 7.
14. Arbitration.
All disputes arising under this Agreement shall be submitted to binding arbitration before ______________________________ in
the following location _____________________________________ and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered
in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $____________ shall not be subject to this arbitration provision.
15. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of ____Texas_______________.
In Witness Whereof,
the parties hereto have signed this Agreement as of the date first set forth above.
Photographer_______________________________
Client__________________________________________
Company Name
By:____________________________________________
Authorized Signatory, Title
We Photograph Weddings for other company's, This is that form .
Agreement Entered into as of the___________day of _______, 20____, between _____Vogelphoto_____ located at ____Missouri City, Texas___
(hereinafter referred to as the “Photographer”) and _________________________, located at ___________________ ______ (hereinafter referred to as the
“Contractor”).
The
Parties hereto agree as follows:
1. Services to be Rendered.
The Contractor agrees to perform the following services for the Photographer
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
If needed, a list of procedures, diagram, or plan for the services shall be attached to and made part of this Agreement.
2. Schedule.
The Contractor shall complete the services pursuant to the following schedule___________________________
____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________
3. Fee and Expenses.
The Photographer shall pay the Contractor as follows:
[ ] Project rate
$_____
[ ] Day
rate $______/ day
[ ] Travel
days $_____/ day
[ ] Weather
days $_____/ day
[ ] Other
_________________________ $_____
The Photographer shall reimburse the Contractor only for the expenses listed here_________________________ ____________________________________________________________________________________________________________.
Expenses shall not exceed $_____. The Contractor shall provide full documentation for any expenses to be reimbursed, including receipts and invoices. An
advance of $_____ against expenses shall be paid to the Contractor and recouped when payment is made pursuant to Paragraph 4.
4. Payment.
Payment shall be made: [ ] at the end of each day [ ] upon
completion of the project [ ] within thirty (30) days of Photographer’s receipt of Contractor’s invoice.
5. Cancellation.
In the event of cancellation, Photographer shall pay a cancellation fee under the following circumstances and in the amount specified
_____________________________________________________________________________________________________
____________________________________________________________________________________________________________.
6. Warranties.
The Contractor warrants as follows:
(A) Contractor is fully able to enter into and perform its obligations pursuant to this Agreement.
(B) All services shall be performed in a professional manner.
(C) If employees or subcontractors are to be hired by Contractor they shall be competent professionals.
(D) Contractor shall pay all necessary local, state, or federal taxes, including but not limited to withholding taxes, workers’
compensation, F.I.C.A., and unemployment taxes for Contractor and its employees.
(E)
Any other criteria for performance are as follows:
_____________________________________________________________________________________________________________________________________________________________________________________.
7. Insurance.
The Contractor shall maintain in force the following insurance__________________________
______________________________________________________________________________________________________________________________________________________________________________________
8. Relationship of Parties.
Both parties agree that the Contractor is an independent contractor. This
Agreement is not an employment agreement, nor does it constitute a joint venture or partnership between the Photographer and Contractor. Nothing contained herein shall be construed to be inconsistent with this independent contractor
relationship.
9. Assignment.
This Agreement may not be assigned by either party without the written consent of the other party hereto.
10. Arbitration.
All disputes shall be submitted to binding arbitration before ________________________ in the following location
________________________________________ and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having
jurisdiction thereof. Disputes in which the amount at issue is less than $_______ shall not be subject to this arbitration provision.
11. Miscellany.
This Agreement constitutes the entire agreement between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that oral authorizations of additional fees and expenses shall be permitted if necessary to speed the progress of work.
This Agreement shall be binding on the parties, their heirs, successors, assigns, and personal representatives. A waiver of a breach of any of the provisions of this Agreement shall not be
construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of __________________.
In witness whereof,
the parties hereto have signed this as of the date first set forth above.
Photographer_________________________________ Contractor_____________________________________
Company Name
By____________________________________________
Authorized Signatory