WEDDING CONTRACT & AGREEMENT
The Fine Print – Please Read
WEDDING CONTRACT
TERMS: This agreement is between ( Sydney Davidson) AND (bride) & (groom) / those being wed (hereinafter collectively referred to client), relating to their wedding and related events, that will take place. Service will be provided for HOURS. Client may choose to add more time at up to . Notice can be given of change no later than one week prior to event.
LEVEL OF SERVICE: The parties agree that the photographer will provide Wedding Coverage as itemized in this contract. At any time after the signing of this contract, client may upgrade services to next package or add on. Client will not however be able to downgrade to a lower package, no exceptions.
RETAINER, PAYMENT POLICY, EXPENSES, TRAVEL: The nonrefundable retainer for services on a given date is $400 of the total rendered services which will be applied towards the total package cost. The remaining balance on the account will be due 30 days prior to wedding date. For travel weddings, client will be billed for round trip plane ticket or for mileage of $1/one way if within driving distance. Client is also responsible for providing two nights accommodation, with private room and bathroom to the Photographer (night before event and night of) which may be chosen at the client’s discretion.
CANCELLATION , POSTPONEMENT: If client herein cancels the wedding photography services for any reason, the photographer retains the sum of the retainer without exception. If the wedding needs to be rescheduled, new date must be within six months of original scheduled date or retainer becomes cancellation fee. A rescheduling fee of $300 will applied to any rescheduled weddings. A new retainer will be required to book a date outside of six months of the original.
CLIENT RESPONSIBILITY: Client is to provide address to locations, emergency telephone numbers, family shot list and itinerary of the the wedding day no later than one week prior to the wedding date. Any family shots not added to the list given to the Photographer prior to the ceremony will have to wait until "down time" during the reception so as not to eat into valuable portrait time with the bride and the groom. Client will assist and cooperate with the photographer in gaining any requested photographs, such as specifying the people and location to be photographed; assisting the photographer in posing at the photographers direction; pre-consultations, etc. The Photographer is not responsible for photographs that are not taken due to clients failure to be cooperative, communicative and of reasonable assistance. At no point at any time during the session are cell phone photos or videos allowed to be taken.
BRIDAL PORTRAITS: Please make sure that at least thirty minutes is allotted before the time of sunset for such portraits.
Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits.If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost
through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer be provided with a helper (usually a friend or family member) who will point out key individuals to be photographed. The Photographer may also require the assistance of a friend or family member when organizing family groups. The Clients also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.
The Schedule: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humor and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.
LIMITATION OF LIABILITY: While every reasonable effort will be made to create and deliver quality photographs of wedding events, the entire liability of the photographer to Client for any claim, loss, injury, or damage arising or relating to this agreement or the performance hereunder of any photographer, including the negligence of , is limited to a refund to client of the amount received by Sydney Davidson Photography regarding this event. In the unlikely event of unforeseen illness or any other circumstances beyond our control, or an act of God, a substitute photographer of high qualifications, will be selected and dispatched by the Photographer to fulfill the obligations of photography herein contracted. This will not be viewed as a breach of contract, as this replacement will act as an associate of the Photographer for the event. Also, we cannot ever prepare for technical malfunction and while it is rare, it does occur. Sydney Davidson Photography takes the utmost care as to the maintenance of all gear and storage devices and is not responsible for any technical malfunction of cameras, memory cards or hard drives. In the event of total wedding loss, a full refund will be issued. If partial wedding loss (such as family photos, bridals, etc.), reshoots will be offered. In the event of partial wedding loss of ceremony or reception, an appropriate refund to account for the hours spent shooting said photos will be refunded at a rate of .
EXCLUSIVITY AND AUTHORITY: Sydney Davidson Photography will be the sole professional still photographer(s) working at the wedding events. If any one appearing to be a professional photographer is present, the Photographer will leave the event for breach of contract.
CELL PHONES AND OTHER "PHOTOGRAPHERS": Sydney Davidson Photography encourages an unplugged ceremony, as guests often do not realize they are obstructing the photographer during the ceremony. If you choose to allow cell phone photos at your ceremony, the Photographer is not responsible for removing them from photographs or for the loss of any important shots that may be missed due to cell phone use. Please keep in mind that at rare times, guests/ bridal party/ family members may disregard this rule and as such you may experience a loss of moments that otherwise would have been documented for you. Additionally, NO CELL PHONE PHOTOS OR OTHER CAMERAS ARE ALLOWED DURING PORTRAIT SESSIONS. Family members/friends will have plenty of opportunities to photograph you with their cell phones outside of allotted portrait time. Please, nobody but photographer and bride and groom during scheduled portrait times. This is not only a violation of intellectual copyright maintained by Sydney Davidson Photography but also a major distraction and will detract from the quality of your photos.
GUEST AND FAMILY BEHAVIOR: Weddings are high stress events and are as important for friends and members of the family as the bride and groom, but please instruct your guests to be respectful of the photographic process and not to intervene/behave rudely and to follow photographer instruction. Sydney Davidson Photography strives to create a fun and efficient environment, as stress free as possible. Any sexual, physical, verbal harassment or grossly inappropriate behavior will result in the Photographer leaving the event, and no refund will be given, but photos will still be delivered.
DELIVERY: Unless prior arrangements have been made, a presentation of the photographic images created and edited by Sydney Davidson Photography is made available to the bride and groom within 12 weeks following the wedding. Online display of wedding is given for three months. Additional viewing is available at a charge of $45/month. This fee applies to any re-posting event galleries that have expired. Client should immediately download and backup files to multiple storage devices upon delivery. AT NO TIME WILL ANY RAW IMAGES BE GIVEN, EVER, NO EXCEPTIONS. LIMITATION OF COMPLAINT: Client will have thirty days after gallery delivery to make the Photographer aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to wedding day coverage. After this 30-day term has expired, Sydney Davidson Photography will no longer be liable to client for any corrections, damages, refunds, re edits or re shoots. Re edits after this term may be made if deemed appropriate by Sydney Davidson Photography , but the hourly fee of $300 for retouching will be billed with a minimum one hour required.CREATIVE CONTROL: Sydney Davidson Photography will solely make creative choices as to cropping, lighting, coloring and which images become black and white/ color. If client wants an image that is delivered in black and white to become color, the hourly retouching rate of $300 will be charged. A minimum 1 hour will be billed.
DIGITAL NEGATIVES: Sydney Davidson Photography provides each client with a high res downloads of images from their wedding day. While each wedding varies, Sydney Davidson Photography promises at the very minimum 300 beautiful images from your wedding day. These images are the very best work Sydney Davidson Photography has to offer and are fully edited with the highest standard of quality. This means photos will be adjusted for light, color and crop. Client understands that they may not alter the images in anyway as this is a copyright infringement. Client understands that no image is guaranteed. Some images may be retouched, but if there is specific retouching required by client in addition to what the Photographer has provided, client understands that Sydney Davidson Photography has the right to charge hourly for additional work to photos (as in removing people from photo, changing from black and white to color, ect.). Hourly retouching rate is $300.
As for engagement sessions, and all other non wedding related shoots, Sydney Davidson Photography promises a minimum of 40 beautiful images edited and digital download given to the client. These images are the very best work Sydney Davidson Photography has to offer and are fully edited with the highest standard of quality. This means photos will be adjusted for light, color and crop. Client understands that they may not alter the images in anyway as this is a copyright infringement. Client understands that even if provided with a desired list, no image is guaranteed.
FEDERAL COPYRIGHT LAWS: Sydney Davidson Photography owns all copyrights for any and all images produced in connection with this agreement including exclusive right to reproduce or publicly display such images. As author of all images made hereunder and as provided by law, the Photographer shall retain copyrights in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format of reproduction.
PERMITTED USES: Sydney Davidson Photography and Client shall have the right to use images as follows:
Client recognizes and agrees that Sydney Davidson Photography may reproduce, publish, exhibit, and otherwise use any images created hereunder, without specific identification of persons or events, as samples of their work to be shown to prospective clients, and for instructional purposes including use in conjunction with televised or published interviews, wedding blogs and magazines consistent with the highest standards of taste and judgement. Client agrees to hold Sydney Davidson Photography harmless against any and all claims arising from any published images.
USE BY CLIENT : Client understands all photographs created by Sydney Davidson Photography are copyrighted, and may not be copyrighted in any manner, (including but not limited to selling the photos, digital copies, greeting cards, slides etc. and making money from the photos.) In certain cases, Sydney Davidson Photography may allow purchase of copyright to files at a fee of $4,000 for loss of use and for loss of any potential clients. The Photographer recognizes and agrees that the Client may reproduce the wedding images created hereunder for: (1) personal, non-commercial use, including the reproduction of copies for family, wedding guests, friends, and (2) the publication for wedding related newspaper announcements or articles provided that images carry a copyrighted credit line. Under no circumstances will release RAW files or any other photos not already given to client upon delivery of their gallery. Client will not permit or assist in any commercial use or sale of the images without specific written consent of Sydney Davidson Photography. Upon releasing the digital files to the Client, Sydney Davidson Photography is released all liability for archiving the files. Client understands it is their responsibility to back up and protect their images. Any requests for additional and or replacement copies of these files will be fulfilled at the discretion of the photographer and will be billed at $500 per set.
SECOND SHOOTER: If necessary, Sydney Davidson Photography may use a second shooter. This person will be a professional photographer of the highest quality, able to perform at Sydney Davidson Photography's standards. Client will not be involved in the selection of the second shooter. Client also understands that the second is working as an assistant to Sydney Davidson Photography and will not not be delivering a separate gallery to client. Client agrees to not contact the separate shooter privately, before or after the event, and request photos from the event.
SOCIAL MEDIA: Client agrees to not use screenshots of photos for any reason, including profile photos, cover photos or for any other online display. At no point will any social media filters be applied to photos by the Photographer. Client will find their gallery to contain a web size downloads option for social media use. Sydney Davidson Photography will also post images to personal and business social media accounts at its discretion, barring nudity, and will not remove an image once posted.
WEDDING MEAL SERVICE: A hot meal is required for the Sydney Davidson Photography + second shooter for events 5 hours or longer. If no meal is provided, it is understood that Sydney Davidson Photography will leave the event for 30 minutes to purchase a meal.
MISCELLANEOUS: This is the complete agreement between the parties concerning the subject matter hereof and all prior agreements are merged within. This is an agreement and its validity, construction and all rights under this Agreement shall be governed by the laws of the State of Oklahoma + Kansas. In the event that client breaches ANY terms under this agreement, it is understood that Sydney Davidson Photography will no longer provide service as outlined and no refund will be given.
SPECIAL NOTE: It is understood that photography and other services are often gifted to the bride and groom / those being wed by parents or other relatives. In these cases, Sydney Davidson Photography still contracts solely to the bride and groom / those being wed and answers/ corresponds only with them. Some special allowances may be made if extenuating circumstances exist, as determined by Sydney Davidson Photography.
MISCELLANEOUS: This is the complete agreement between the parties concerning the subject matter hereof and all prior agreements are merged within. This is a agreement and its validity, construction and all rights under this Agreement shall be governed by the laws of the State of Oklahoma + the State of Kansas. In the event that client breaches ANY terms under this agreement, it is understood that Sydney Davidson Photography will no longer provide service as outlined and no refund will be given.
FEE: Client shall pay for the products and services described in this contract. With a non-refundable retainer on wedding services due at time of reservation to lock in said wedding date.
Acceptance of Terms by Sydney Davidson Photography (SNSCO LLC.)
Following your review, please sign below. RETAINER AND REMAINING PAYMENTS MAY BE PAID VIA or If required, you may mail retainer to Sydney Davidson toSydney Davidson
4333 S. 69th W. Ave
Tulsa, Oklahoma
74107
The wedding date will be held for 10 business days while the retainer is mailed. If not received by then, the date may be given to other clientele. The remainder balance will be due 30 days prior to the wedding on Payments made within 7 days after due date will be charged a 5% late fee and within 30 days, a 15%. Failure by Client to make payments as scheduled may be deemed a material breach of this agreement. In the event of material breach, Sydney Davidson Photography at its option, may cancel this agreement and be relieved from any further obligation of performance. Any returned checks will incur a fee of $35.
Sydney Davidson | The Photographer
Sydney Davidson Photography (SNSCO LLC)
Agreed and Accepted: .