My Final Wedding Contract

The #1 goal of this post is to share with everyone my final draft of my wedding contract. I spent several days and referenced 15 different successful contracts, including examples posted in these very threads, and tailored this one specifically to my needs. Note: I do not possess a business license, and I photograph each wedding on a case-by-case basis, so my prices fluctuate with each event. Here goes...

Agreement for Wedding Photography




Bride’s Name:_______________Ad​dress:_______________


Telephone:____________​___Email______________​_


Groom’s Name:_______________Ad​dress:_______________



Telephone:____________​___Email:_____________​__


Wedding Date/Time:


_______________
Wedding Location:


_______________
Wedding Address:


_______________
Reception Location/Time:


_______________
Reception Telephone:


_______________
Reception Address:


_______________


The person(s) whose signature(s) appear on this contract, known as "CLIENT", agree that -PHOTOGRAPH'S NAME-, known as "PHOTOGRAPHER", shall provide services to photograph their wedding and related events to the best of his abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. CLIENT assumes responsibility for all collection costs and legal fees incurred by PHOTOGRAPHER should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

1. Entire Agreement: This agreement contains the entire understanding between PHOTOGRAPHER and 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. Retainer: A non-refundable retainer in the amount of 50% of the entire amount is due and payable at the time of signing this Agreement. At that time, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the retainer is non-refundable, even if the date is changed or the wedding cancelled for any reason; including, but not limited to acts of God, fire, strike and/or extreme weather. The retainer is applied towards the contracted wedding photography services. CLIENT understands and agrees that the entire amount owed for the wedding photography services described in the contract is due two (2) weeks prior to the wedding date. If the event is cancelled within thirty (30) days of the scheduled date of the event, the client shall pay 25% of the remaining balance of the contract due to the high probability that PHOTOGRAPHER will be unable to rebook that date.
   
3. Right of Withdrawal: PHOTOGRAHPER'S discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent the clauses of this contract may result in the PHOTOGRAHPER'S termination of the contract for cause. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of factors that may result in the PHOTOGRAHPER'S termination of this contract. Should the STUDIO initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided.
   
   
4. Liability: If PHOTOGRAPHER is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if PHOTOGRAPHER cannot provide another competent professional, all moneys received by PHOTOGRAPHER, minus expenses, will be returned to CLIENT, and PHOTOGRAPHER shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total moneys paid by CLIENT under this Agreement during the time preceding the date on which such liability arises.
   
   
5. Permits and Non-Photographer Assignments: Obtaining permits, special letters of access or other permissions that may be required to use a site(s) for a professional photographic assignment are the responsibility of CLIENT. Fees associated with the obtaining of special permits are the responsibility of CLIENT and are not cited within the Agreement. Financial obligations associated with failure to obtain the permissions or to obtain correct permissions are the responsibility of CLIENT. Lack of permits is not a Failure to Perform under this Agreement and all fees associated with the assignment are due to PHOTOGRAPHER. Any stipulation of this agreement that would require PHOTOGRAPHER to violate the law or violate the wishes of the site management are null and void and are not a Failure to Perform by PHOTOGRAPHER. CLIENT is instructed that the need for permissions is frequently encountered and can include such items as photographing near a National monument, including a copyright structure in photos, or using a flash within a church.
   
   
6. Exclusivity: PHOTOGRAPHER will be the exclusive professional photographer hired by CLIENT for the purpose of photographing the wedding. Family and friends of CLIENT are welcome to photograph the wedding as long as they will not interfere with PHOTOGRAPHER'S duties. CLIENT reserves the right to retain the services of a videographer to cover the wedding.
   
   
7. Failure to Perform: Due to the limited and subjective nature of the event, PHOTOGRAPHER can not 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. PHOTOGRAPHER is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the bride, groom, or other principles. 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 PHOTOGRAPHER will be used for organizational purposes only and in no way represents photography that will actually be produced. PHOTOGRAPHER will do his best to fulfill all requests but can make no guarantees all images will be delivered.
   
   
8. Unacceptable Behavior: PHOTOGRAPHER will not tolerate verbally or physically abusive behavior, nor will he 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 chances that PHOTOGRAPHER will withdraw this Agreement. 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. CLIENT understands that in such an event, no refunds or compensation in any form will be granted.
   
   
   
9. Breaks and Meals: Every 4 hours, PHOTOGRAPHER will be permitted a fifteen (15) minute break if he should wish. If the event duration is greater than 8 hours PHOTOGRAPHER, and his assistant (if applicable) will be permitted up to 45 minutes to consume a meal. If food service is provided, PHOTOGRAPHER and his assistant (if applicable) will be provided with a meal, as well as designated seating, separately or among seated guests. This break will take place while CLIENT enjoys their meal.
   
   
10. Creative License: Images are edited and retouched at PHOTOGRAPHER'S discretion, and delivered prints may not include all images shot. PHOTOGRAPHER reserves the creative right to edit and release only those deemed creditable as professional in quality and within PHOTOGRAPHER'S artistic standards.
    
    
11. Model Release: This Agreement serves as a model release giving PHOTOGRAPHER the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. PHOTOGRAPHER can grant use of the images to third parties and all compensation for use and credit for the images remain the property of PHOTOGRAPHER. CLIENT waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on CLIENT, their legal representatives, and heirs.
    
    
12. Copyright: As the author of all images made hereunder and as provided for by United States Copyright Laws (Title 17, U.S. Code Section 101), PHOTOGRAPHER shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files or any other format of reproduction. CLIENT may not reproduce images in any manner without PHOTOGRAPHER'S explicitly written permission. CLIENT recognizes and agrees that PHOTOGRAPHER may reproduce, publish (physically or electronically), exhibit and otherwise use images created hereunder, without specific identification of persons or events as samples of work to be shown to prospective clients, for instructional purposes, as samples of work to be displayed for marketing or competition.
    

Don't know much about contracts, but I like how you included 'acts of god' under liability.

I haven't read it critically yet (I used to be a Commercial Manager writing and negotiating this sort of thing) but a couple of points stand out on a quick first glance:

Clause 3 - the term "STUDIO" is not a defined term - should either be PHOTOGRAPHER or else the term STUDIO should be defined.

Also what about a change of date of the wedding - will you just terminate and hold the deposit or if possible will you agree to change the date if it is available in your diary?

To be honest I don't like the wording in this clause in general as it reads to me that you are looking for any excuse to cancel. The opening sentence talks about discovery of information that tend to circumvent other clauses of the contract and then you talk about a change of time or missed appointments - neither of which tend or even try to circumvent any clauses of the agreement.

Clause 4 - Liability. Whilst I understand this clause as you don't have a business license and probably no insurance either it would be a deal breaker for me in that you can cancel on the day of the wedding because your car won't start and the client has no recourse to financial compensation.

Clause 8 - "nor will he share its time or compete" does nor read correctly - a he is not an it.

Will have a look properly later on if I get the chance.

Also I now very little about US law (being in the UK), but saying that the CLIENT will guarantee collection any legal fees may be worth checking. The reason being that if it gets to this point the outcome of the legal proceedings may well over-ride this clause and have implications on the integrity of the whole agreement.

@Nightstalker:

the typos in clause 3 and 8 have since been corrected. thank you.
as for the clause 4 confusion, i dont think i understand what you're saying. i feel that it clearly states that should something beyond anyone's control happen (car breaks down, etc), then the client will have everything excluding expenses refunded. does this not read the way i intended it, or are you saying that isn't already fair compensation?

i really appreciate your feedback, and I'm glad that there are people like you available to help.

I'm not usually a wedding shooter, but a friend of a friend recently asked me to shoot her wedding, so this will be helpful.

Mind posting the final version (with all typos corrected) at some point, so others can share it in all its glory?

I’ve had a chance to have a better look and my general thoughts on this contract are that it gives me a negative impression of your business. Everything in the contract is obviously slanted in favour of the PHOTOGRAPHER, so much so that it is like being hit in the face with a wet fish.

You want to protect your interests for sure but you can do this in a way that is a bit softer and less likely to get the back-up of the prospective clients.

As an example, your contract says:

“If the event is cancelled within thirty (30) days of the scheduled date of the event, the client shall pay 25% of the remaining balance of the contract due to the high probability that PHOTOGRAPHER will be unable to rebook that date.”

I would phrase this differently:

“If the CLIENT cancels the contract within thirty (30) days of the scheduled date of the event the CLIENT shall pay a cancellation fee equivalent to 25% of the remaining balance of the contract. The PHOTOGRAPHER undertakes to make reasonable endeavours to secure a comparable replacement booking for the date and time of the cancelled wedding. In the event that the PHOTOGRAPHER is able to secure such a replacement booking then this cancellation fee will be refunded in full.”

You are saying I won’t be able to fill the diary slot so pay me, I’m saying I’ll do my best to fill the slot and if I can I’ll refund the cancellation fee.

At the end of the day we both know that filling a wedding slot less than 4 weeks ago is a long shot but at least my way gives the impression that I’ll try to do it whereas your is defeatist.

I like it. I like it a lot. If you care to voluntarily revise any additional information, your efforts will not go unappreciated. Thank you so much!

Have you seen this

http://www.27bslash6.c​om/p2p.html

I used to be paid a lot of money for doing this stuff - those were the days

I'll have a look but it is a lot of work to revise contracts like this - it's why lawyers are rich.

That's awesome...bahaha. It will definitely be shared.

It wasnt my intention to attempt to take advantage of your kindness, hence why I asked respectively. I dont like people trying to get free valuable shoots out of me, and I dont expect you to like people who try to get you to read pages and pages of bull**** with no compensation.

You've done a lot for me, and those efforts have surely not gone unnoticed. Thank you so much, both for the revisions, and a good chuckle

I will have a look at it m8, it's good to stay sharp on this sort of thing, but I'm quite busy at the moment so it may be a day or so until I can put any proper time into it.

Great info. I am doing a wedding in July and have been looking for something just like this!

Thanks for posting!

Use of the word retainer to describe money paid up-front isn't the best idea, better to use liquidated damages.

See http://www.photoattorn​ey.com/?p=61.

FOX2PRO wrote in post #9430690
Don't know much about contracts, but I like how you included 'acts of god' under liability.

That is actually a very common term in contracts.

jmborkowski wrote in post #9444695
Use of the word retainer to describe money paid up-front isn't the best idea, better to use liquidated damages.

See http://www.photoattorn​ey.com/?p=61.

This is very valuable information, and I thank you for providing a link to it.

However, I think by including the clarifying term 'nonrefundable' in front of the word 'retainer', it clarifies the purpose of that retainer, and the fact that it is nonrefundable. But I'm no lawyer.

I do like how the person in the link gave the example of what to change the wording to in replacement of the term 'retainer'. I feel that it softens the tone of the contract, making the bride feel more inclined to sign. I may be doing a little rearranging after this wedding.

Thanks again!
~Jonathan