Contract for Wedding Photography Services

 

 

Identification of Parties

 

This contract for photographic services is entered into by  Sightlines Photography of Winnipeg Manitoba, and the couple to be married:                                                               and Andrew Smith  (both hereafter collectively referred to as “The Couple”).

 

The designation of “Sightlines Photography” also includes any additional photographers and assistants contracted by Sightlines Photography management to provide photographic services at the event on behalf of Sightlines Photography.

 

This agreement is signed on this     16th   day of  February   in the year     2017   at     Winnipeg                     .  Upon signing of this agreement by all parties, a digital copy will be sent to The Couple, and the original will be kept on file by Sightlines Photography.

 

This agreement supersedes all prior and simultaneous agreements between Sightlines Photography and The Couple.  The only way to add to or change this agreement is to do so in writing, affixed to this contract, signed by The Groom and/or Bride, and an authorized representative of Sightlines Photography, or by clear statements of agreements by email.  

 

 

 

Offer and Acceptance

 

Sightlines Photography will provide wedding photography services to The Couple for the agreed upon fee.  Services and fees are as follows:

 

Services: 

Wedding photography on ___Feb 25 2017_____, described as:

 

Custom collection, as quoted in emails.

 

 

 

 

 

(Additional services can be added at a later date and will be billed separately and any necessary agreements will be affixed to this document)

 

Fees as of date of signing this contract (services, products, taxes):

 

$3955.05, GST/PST included

 

 

 

 

 

 

 

 

 

 

TIMELINES & DELIVERY:  Contact regarding an image viewing session will occur within 1-2 weeks following the date of the wedding; 2-3 weeks in some peak seasons.  Delivery (electronic and/or physical) of digital images as advertised or additionally-purchased, and any related delivery items, will be available at this session. The web galleries will remain available online for a minimum of 12 months. Prints normally take 1-2 weeks following date of order.  Printed albums, mounted prints, and similar options are normally delivered in 4-5 weeks from the date of couple’s confirmation of layouts. The Couple understands that delays may occur during and following peak wedding season of May through October, in preparation for Christmas, or over the Christmas/New Year break.  Note that the production processes can only begin once Sightlines Photography receives the order, and pauses while waiting for proofing or information responses from The Couple.  All product orders must be paid for in full before order is placed or layout work begins.

 

Consideration

 

In order to secure the date requested for services, a non-refundable retainer fee of   $  1000      shall be due at the time this agreement is signed. The date will not be reserved until this payment is received and cleared.

 

This retainer fee is non-refundable, even if date is changed or wedding is cancelled for any reason, including acts of God, fire, strike, force majeure, and extreme weather. 

 

The remaining balance of  $2955.05 plus applicable taxes of $___n/a____, totalling $_2955.05 will be due according to the following schedule: 

$    2955.05      will be due on or before           Feb 17/2017                                      ; 

 

 

In some cases this schedule may be adjusted in a manner agreed upon by The Couple and Sightlines Photography, understanding that all fees and taxes are due in full 1 week prior to the wedding date.

 

Payments may be made by cheque, money-order, cash, credit card, or Interac email money transfer. Cheques post-dated for the payment due date are accepted for balance payments, but are not accepted for the initial retainer.

 

Penalty Fees & Charges:  If the retainer fee is not paid at the time of signing this contract, or if the payment is returned by the bank, the date of the wedding will not be reserved until such payment is submitted and cleared.  There is a $25 charge for cheques returned by the bank for any reason.  There will be a $25 late payment fee for any payments that are not postmarked or delivered to Sightlines Photography by the required date.  If a payment is 30 days or more overdue, there will be an additional interest charge of 5% of the amount owing per month or portion thereof after the payment deadline. Sightlines Photography reserves the right withdraw services for cause if any payment is beyond 30 days overdue. 

 

 

 

Terms, Conditions, and Obligations

 

EXCLUSIVITY & PHOTOGRAPHY BY GUESTS:  It is understood that Sightlines Photography will be the only professional photographer providing services at the wedding.    Couples are encouraged to consider an “unplugged” ceremony, where guest photography is controlled; Sightlines Photography will help The Couple plan this option.  Note that amateur, guest, and other photographers and videographers, including official or hired professional videographers, may be asked by Sightlines Photography to move, or to stop photographing, if their activities are impinging on the activities of Sightlines Photography

 

It is understood that the formal photography sessions are for the express use of Sightlines Photography to capture the formal wedding portraits.  Because of time constraints and the need for subjects to give full attention to the professional photographer, and because professional images can be ruined by flashes from other cameras, and by people being in the way, including amateur photographers and guests, guest photography cannot be permitted during the formal photography sessions.  Otherwise, guests are welcome and encouraged to take candid photos at other times where the formal photographic activities will not be interrupted or affected, subject to The Couple’s wishes or any location-specific house rules. It is the responsibility of The Couple to prevent family, friends, and guests from interfering with Photographer's duties.

 

Sightlines Photography is not responsible for compromised images due to causes beyond our control such as, but not limited to, other peoples’ positioning, or their cameras, smartphones, tablets or flashes.

 

COOPERATION:  The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.  Sightlines Photography is not responsible if key individual’s failure to appear or cooperate during photography sessions or for missed images due to details not revealed in advance to Sightlines Photography.  The photography schedule and selected methodology are designed to accomplish the goals and wishes of The Couple in a manner enjoyed by all parties.  The Couple and Sightlines Photography agree that cheerful cooperation and punctuality by all members of the wedding party and family are therefore essential to that purpose.  The Couple agrees to cooperate with Sightlines Photography during the planning stages in order to arrive at a schedule most conducive to the flow of the event, the needs of The Couple and their families, and the photographic needs of The Couple and of Sightlines Photography.

 

CONSULTATION: The Couple will provide Sightlines Photography with suitable pre-event consultation in order to finalize the actual shooting times, locations, and couples’ request list (in writing) for specific photographs.  The Couple will be responsible for (or is urged to have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired, either formal or candid, and for gathering people for photographs.  Sightlines Photography will not be held accountable for not photographing desired people or items if there is no-one to assist in identifying or gathering same for the photographs at the scheduled times. 

 

CHANGES TO SCHEDULE & LOCATION, ETC.:  It shall be The Couple’s sole responsibility to inform Sightlines Photography in writing at least 5 days prior to the event as to any changes in the event’s time, date, and location, or significant increase or decrease in number of guests, or other changes that may impact photographic services.  

 

LOCATIONS, PERMISSION, & HOUSE RULES:  It shall be The Couple’s sole responsibility to secure permission of all venues where photography is to take place, although Sightlines Photography may offer to help with specific venues.  The photographer is limited by the guidelines of ceremony official or reception site management and management of any other shooting locations.  The Couple agrees to accept the technical results of their imposition on the photographer, such as high ISO settings, colour conversions, etc..  Negotiation with the officials for moderation of guidelines is The Couple’s responsibility; Sightlines Photography will offer technical and artistic recommendations only.  The Couple is responsible for payment of fees related to the reservation and use of shooting locations, normally to the location management, unless otherwise arranged in writing.

 

IMAGE POSTING, DIGITAL NEGATIVES, PRINTS, & COPYRIGHTS:  The photographs, digital negatives or prints produced by Sightlines Photography are protected by federal copyright law (all rights reserved) and Sightlines Photography retains the copyright to, and status as owner and creator of, all photographs and images produced.  The Couple may post the digital images designated as “Web-Ready” to Facebook, blogs, and similar, however watermarks must not be removed and images must not be altered or edited in any way that changes or misrepresents the artistic and creative intent of the image, or the work and identity of Sightlines Photography and its photographers.  If The Couple has purchased and/or received screen- or high-resolution digital images without watermarks, The Couple then has the right to freely make and distribute copies of the digital files to anyone they see fit so long as the images are not sold by The Couple or any other party for profit, and are not posted publicly without watermarks, or edited in any manner described in the preceding sentences. Sightlines Photography is not responsible for poor quality printing when The Couple chooses to print at their own sources, or prints files at sizes larger than the intended use of the file.  The Couple must obtain written permission from Sightlines Photography prior to The Couple or their friends and relatives publishing or selling the photographs for profit and a decision on this matter is the sole discretion of Sightlines Photography.  Sightlines Photography will not, under any circumstances, release any material in “raw” or unedited digital format (NEF, CR2, DNG, film negatives, etc.). Only material that has been edited and approved internally by Sightlines Photography will be released to The Couple or to anyone outside of Sightlines Photography, and only in JPG format at a resolution and size suitable to the intended use of the files, as determined by Sightlines Photography.

 

MODEL RELEASEThe Couple hereby assigns and grants Sightlines Photography and its contracted photographers and any legal representatives the irrevocable and unrestricted right to use and publish photographs of The Couple and/or the wedding party or members thereof, for editorial, trade, advertising or any other legal purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.  The Couple hereby releases Sightlines Photography and its legal representatives and contracted photographers and assigns from all claims and liability relating to said photographs.  It is agreed that Sightlines Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books and classes, store fronts, windows displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Sightlines PhotographyThe Couple also waives any right to approve any such advertising before release.  If any members of the wedding party wish to decline permission for use of their likeness in these same forms of advertising, it is The Couple’s responsibility to determine and communicate this, in writing, to Sightlines Photography.

 

MEALS: If the schedule includes photographic coverage following the dinner service, The Couple shall provide a meal for the photographic team (lead photographer and all photographic and non-photographic assistants), and efforts should be made to seat the photographic team together at a table preferably near the head table in order to facilitate a quick response to events during the meal.   In lieu of a meal, the photographic team will take a 1-hour break away from the venue. Photography normally stops during the meal, or during the equivalent break.

 

COOPERATIONThe Couple will inform the photographer of the names and contact information of all other service providers (florist, DJ, caterer, etc.).  Coordination with other service providers is necessary to complete all the photography sessions as scheduled.  The Couple should share the photography schedule with other service providers to make sure that there is no conflict in times.  In addition, events during the wedding day should be planned to make the best use of time from all vendors.

 

CONDUCTThe Couple is responsible for the conduct of their guests.  Sightlines Photography will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects.  Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If The Couple is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of Sightlines Photography, or places Sightlines Photography at personal physical risk, it will result in the early or immediate departure of Sightlines PhotographyThe Couple understands that in such an event, no refunds will be granted.  Sightlines Photography reserves the right to refuse to photograph anything its photographers deem to be inappropriate.

 

REQUIRED PHOTOGRAPHY SESSIONSThe Couple agrees to set aside a minimum of 120 minutes of time for formal portrait photography of The Bride and The Couple.  This recommended amount of time normally comprises 30 minutes for bridal portraits, preferably immediately after dressing, and a minimum of 90 minutes for formal portraits of The Couple.  This 90-minute period is intended for formal photographs of The Couple, and does not necessarily include photographs of the wedding party.  The Couple may also wish to optionally allow an additional slot of 45 minutes of time following the ceremony for photographs that cannot be obtained during the ceremony, such as registry signing, ring exchange, etc., as well as family photographs, which are normally photographed at the ceremony site immediately following the ceremony, but can be scheduled in a nearby location in consultation with Sightlines Photography.  If either The Bride’s or The Groom’s late arrival, or missing family members, or any other reason outside of the photographer's control prevents any of these time windows from occurring or any of these desired photographs from being taken, Sightlines Photography shall not be held liable for failure to take desired photographs. Sightlines Photography cannot guarantee photographic coverage of such events as preparations (hair, makeup, wardrobe, etc.), the arrival at the ceremony & reception, bouquet and garter toss, cake cutting, and last dances unless these items are scheduled during the contracted time, normally ending with dinner service, or at 10:00 pm if additional coverage has been purchased, unless these ending times are modified and indicated on this document, and such events are held according to the contracted schedule.  If any reason outside of the photographer's control prevents any of these events from occurring on schedule, Sightlines Photography shall not be held liable for failure to take these photographs.  The Couple agrees to work with Sightlines Photography to arrive at the best possible schedule throughout the day to obtain all desired images, which sometimes requires more than this minimum 120 minute allowance. 

 

WITHDRAWAL, CANCELLATION, OR POSTPONEMENTSightlines Photography may withdraw from or cancel this agreement at its sole discretion at any time either for cause or not for cause. 

 

In the event that Sightlines Photography cancels this agreement not for cause, The Couple shall be refunded all fees already paid. 

 

In the event that Sightlines Photography cancels this agreement for cause, the initial retainer fee will be forfeit, and The Couple will be billed for all services already provided, according to the conditions listed in the paragraph below entitled “Cancellation Fees.” For purposes of this agreement, “for cause” shall mean a failure of The Couple to make any of the payments as described in this agreement according to the due dates described herein, or if the client is found in direct violation of any terms of this contract.

 

In the event that The Couple cancels the contracted services outlined in this contract at any time before the wedding date, the initial retainer fee will be forfeit, and The Couple will be billed for all services already provided, according to the conditions listed in the paragraph below entitled “Cancellation Fees.”

 

In the event that The Couple cancels the contracted services on the date of the wedding, the wedding will be deemed to have occurred, regardless of the time of day of cancellation, and no refunds will be made.

 

In the event that The Couple must postpone the wedding at any time, and for any reason, Sightlines Photography will make every reasonable attempt to be available for the new wedding date, including by appointing an appropriate photographer if the originally-scheduled photographer is not available.  Sightlines Photography will do its best to be understanding of the circumstances, but reserves the right to charge an appropriate retainer fee for the new date, and bill for any additional services required, including service and/or administration fees, travel fees, etc.

 

Cancellation Fees: In the event that Sightlines Photography cancels this contract for cause, or in the event that The Couple cancels the contracted services before the wedding date, the initial retainer fee will be forfeit, and The Couple will be billed for any and all services provided up to and including the date of cancellation, according to the following:  $225 per hour is billed for all photography services already provided; and $75 per hour is billed for all other services, consultation time, administrative time; and all travel costs and mileage ($0.85 per kilometre) outside of the Winnipeg Perimeter; and any fees for late or returned (NSF) cheques or similar.  In the event that The Couple cancels this contract at any point, Sightlines Photography will do its best to be understanding of the situation, however the initial retainer fee will be forfeit, and the conditions in this paragraph will be used for the initial calculations of any refund or further billing.

 

 

 

 

 

Limits of Liability

 

SUBSTITUTION: In the unlikely event of severe medical, natural, or other emergency, or force majeure, act of god, or similar, it may be necessary to retain an alternate photographer.  Sightlines Photography will make every effort to secure a skilled replacement photographer of suitable professional quality who is able and willing to provide a similar package as chosen in this contract at the same tariff.  If such a situation should occur and a suitable replacement is not found, responsibility and liability on the part of Sightlines Photography is limited to the return of all payments received for the wedding services.  

 

PROTECTION OF IMAGES: Sightlines Photography takes the utmost care with respect to exposure, capture, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment and beyond-industry-standard file safety practices. However, in the unlikely event of The Couple’s photographs being lost, stolen or destroyed for reasons within or beyond Sightlines Photography’s control, including elements listed under the “Performance” section of this contract, or if Sightlines Photography is unable to supply The Couple with any photographs from any coverages due to circumstances beyond its immediate, direct and reasonable control, including but not limited to occurrences such as photographic equipment defect, camera or flash or lighting malfunction, etc., then Sightlines Photography’s liability is limited to the return of all payments received for the services booked in this contract. The amount of liability shall not ever exceed the contract price stated herein. 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.  

 

Sightlines Photography will not under any circumstance accept liability for any other financial losses incurred by the THE COUPLE including but not limited to: garment rental, reception hall costs, catering, limo rental, etc. The amount of liability shall not ever exceed the fees indicated in this contract.

 

PERFORMANCE:  The performance of this contract on behalf of Sightlines Photography shall be contingent upon acts of God, flood, fire, warfare, force majeure, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

 

INDEMNITY: The Couple shall indemnify and hold harmless Sightlines Photography from any loss, damage, or liability resulting from The Couple’s violation of the terms of this Agreement or any agreement involving The Couple and Sightlines PhotographyThe Couple shall indemnify Sightlines Photography and hold it harmless from and against any claim by any other person or entity resulting from the performance of its services under this agreement.

 

 

SEVERABILITY:  If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.  

 

AMENDMENTS:  This contract has been freely negotiated and shall be recognized as the entirety of the agreement.  Only those changes or modifications clearly bearing identity markers of Sightlines Photography and attached and signed and dated by The Bride, The Groom and Sightlines Photography, or printed copies of electronic communications showing clear statements of agreement by all parties, shall be recognized as amendments to this contract. 

 

 

Signatures

 

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

(Will be signed by email statements from The Photographer and either member of The Couple.)