A while ago there was some discussions around wedding contracts. A few people posted samples. I have taken these samples (along with Bloo Dog's comments) and created what I believe to be a all encompassing contract that makes one's ass pretty water tight. Now, I am not a lawyer, but if anybody could point out any mistakes / loop holes, please feel free to comment.
Wedding Date and Time: _______________
Bride’s Name: _______________
Phone: _______________ Fax: _______________
Groom’s Name: _______________
Phone: _______________ Fax: _______________
Time Photography Session Starts: _______________ Ends: _______________
Amount of Guests: _______________
Other Photography Sessions agreed on: _______________
Wedding Chapel Location: _______________
Wedding Official and Contact Number: ______________________
Wedding Reception Location: _______________
Wedding Reception Manager and Contact Number: _______________
Bride’s Dress-up Location: _______________
Wedding theme: please specify colour scheme / traditional / formal / informal / casual etc. _______________
Wedding Attire: describe bride, groom and wedding party attire
Photography fee agreed on: R_______________ (plus applicable expenses as described in the contract). A deposit of 50% (R______________) is due when this agreement is signed, and the balance (R_______________) is to be paid on the date of delivery of sample photograph CD.
Additional Expenses: THE CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by THE CLIENT.
WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED ABOVE:
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between “YOUR COMPANY NAME HERE” and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your signature, “YOUR COMPANY NAME HERE” will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due on delivery of the sample CD.
3. SAMPLE CD DELIVERY: After the wedding, “YOUR COMPANY NAME HERE” will provide THE CLIENT with a watermarked low resolution Sample CD. This Sample CD will contain all photographs (in both colour and black and white) taken at the event. All photographs will have a watermark embedded, prohibiting unauthorised use. THE CLIENT should as soon as possible provide “YOUR COMPANY NAME HERE” with a list of desired images to be printed, enlarged and/or digitally manipulated (corresponding to the amount of prints agreed upon in this contract). The list should specify which images should be in colour, black and white or sepia. Printing of photographs cannot commence prior to “YOUR COMPANY NAME HERE”’s receipt of this list. THE CLIENT agrees if the balance is not paid on initial sample CD delivery, “YOUR COMPANY NAME HERE” will NOT make a final delivery of selected prints, incurring no liability to “YOUR COMPANY NAME HERE” and resulting in loss of Reservation Deposit by THE CLIENT.
4. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit. “YOUR COMPANY NAME HERE” agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.
5. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations.
6. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
7. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, “YOUR COMPANY NAME HERE” shall not be held liable for failure to take desired photographs.
8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. “YOUR COMPANY NAME HERE” is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to “YOUR COMPANY NAME HERE”. “YOUR COMPANY NAME HERE” recommends that THE CLIENT designate an "event guide" (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
9. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and “YOUR COMPANY NAME HERE” agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, “YOUR COMPANY NAME HERE” will not be held liable for any photographs not taken.
10. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; “YOUR COMPANY NAME HERE” will offer technical recommendations only.
11. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by “YOUR COMPANY NAME HERE” are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without “YOUR COMPANY NAME HERE”’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
· The negatives and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
· THE CLIENT must obtain written permission from, and compensate “YOUR COMPANY NAME HERE” prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
- MODEL RELEASE: THE CLIENT hereby assigns and grants “YOUR COMPANY NAME HERE” and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases “YOUR COMPANY NAME HERE” and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that “YOUR COMPANY NAME HERE” 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, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by “YOUR COMPANY NAME HERE”.
- EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that “YOUR COMPANY NAME HERE” will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by “YOUR COMPANY NAME HERE”, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. “YOUR COMPANY NAME HERE” suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of “YOUR COMPANY NAME HERE” to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. “YOUR COMPANY NAME HERE” will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time “YOUR COMPANY NAME HERE” equipment is being packed up. In return for this consideration “YOUR COMPANY NAME HERE” insists no other guest photography take place when or where “YOUR COMPANY NAME HERE” is working. No other guest/photographer using professional equipment will be allowed by “YOUR COMPANY NAME HERE” at any time during the wedding. “YOUR COMPANY NAME HERE” reserves the right to stop any photographic services paid for and leave the function should any other person take photographs with any professional equipment – with the deposit being forfeit.
- GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT 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.
“YOUR COMPANY NAME HERE” 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 CLIENT 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 the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
15. COMPLETION SCHEDULE: The printing process can only start once “YOUR COMPANY NAME HERE” receives the order list for the required images. Digital processing takes approximately 2 weeks. Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.
16. PAYMENTS: THE CLIENT agrees that 50% deposit is required at the time of contract acceptance and 100% of the remaining balance is due on THE CLIENTS’ receipt of the Sample CD.
17. FINAL DELIVERY: “YOUR COMPANY NAME HERE” will deliver the prints and any additional material once printing is completed. “YOUR COMPANY NAME HERE” will also deliver a CD with the high resolution negatives of all selected printed images. In addition to this, “YOUR COMPANY NAME HERE” will include a CD with low resolution digital negatives of all photographs not selected for printing. High resolution prints of these images can be ordered from “YOUR COMPANY NAME HERE” at the specified tariffs. High Resolution negatives of any additional images ordered will also be provided.
18. METHOD OF REMUNERATION: Payment may be made in cash or deposited into the following bank account:
“BANK DETAILS HERE”
PROOF OF PAYMENT TO BE PROVIDED ON REQUEST
NO CHEQUES ACCEPTED
19. PURCHASE OF DIGITAL NEGATIVES: If THE CLIENT desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied on CD. A low resolution digital negative CD will be given FREE with purchase of a Basic, Standard, Deluxe or Higher Packages.
20. PENALTY FEES & CHARGES: There is a R200.00 late payment fee for any payments that are not postmarked or delivered to “YOUR COMPANY NAME HERE” by the required date.
21. RIGHT OF WITHDRAWAL: “YOUR COMPANY NAME HERE”'s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should “YOUR COMPANY NAME HERE” initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, R100.00 an hour is charged for all photography services already provided and R50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
22. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. “YOUR COMPANY NAME HERE” will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
“YOUR COMPANY NAME HERE” takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond “YOUR COMPANY NAME HERE” control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not 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.
23. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, “YOUR COMPANY NAME HERE” cannot place an unconditional guarantee on the above. “YOUR COMPANY NAME HERE” will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of “YOUR COMPANY NAME HERE”’s control.
24. PERFORMANCE: The performance of this contract on behalf of “YOUR COMPANY NAME HERE” shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
25. 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.
26. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and “YOUR COMPANY NAME HERE” at the time of acceptance of this contract shall be recognised as amendments to this contract.
27. REPRINT ORDERS: Reprints of photos (or additional prints of photos not included in the package, but which is part of the additional low resolution images provided on CD) may be ordered at the following rates: - onthou om pryse te verhoog
· Jumbo Print R XX.xx
· 6” X 8” (A5) Print R XX.xx
· 8” X 12” (A4) Print R XX.xx
· 10” X 15” Print R XX.xx
· 300mm X 400mm (A3) Print R XX.xx
· Photo Album (empty) R XX.xx
· Additional CD (including cover) R XX.xx
· Additional DVD (including cover) R XX.xx
· Additional CD / DVD Cover R XX.xx
· Additional Image Manipulation R XX.xx per hour
· Additional High Resolution Negative R XX.xx
· Additional Overtime R XX.xx per hour
Please note that these prices are subject to change without any prior notice.
28. PROFESSIONAL IMAGE MANIPULATION: “YOUR COMPANY NAME HERE” will allow for limited professional image manipulation (if technically possible) on any _________ images of THE CLIENT’S choice. This includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait glamourisation etc. It is understood that if a technicality prevents “YOUR COMPANY NAME HERE” from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that “YOUR COMPANY NAME HERE” has performed to its best ability with regard to the specific task and that “YOUR COMPANY NAME HERE” has no further responsibility towards said image manipulation.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
Signed _______________ (CLIENT RESPONSIBLE FOR PAYMENT)
Signed _______________ (Witness)
Signed _______________ (on behalf of “YOUR COMPANY NAME HERE”)