1. Exclusive Photographer
Photographer shall be the exclusive photographer retained by Client for the purpose of photographing the wedding day. Family and friends will be permitted to photograph at the wedding as long as they do not interfere with the duties of Photographer, and additionally, will be asked not to take pictures while Photographers are posing the couple, bridal party, or families. This is to avoid any distraction of the couple or bridal party during the photographic sessions.It is understood that Photographer is the exclusive official photographer retained to perform the photographic services outlined in this contract.2. Retainer and PaymentClient shall pay a retainer equal to 1/3 to secure the services and products specified herein. Upon signing this contract the amount of the retainer shall be applied to reduce the total balance of the package. The final balance must be paid in full fifteen (15) days prior to the event.3. Cancellation or PostponementIf Client should cancel the event for any reason, the retainer will not be refunded. If canceling this contract Client must notify Photographer in writing. To consider a date change, Photographer must first receive a written release of the current contracted date, which will null and void this written contract. If Client needs to change the event date, all monies paid will transfer to the new date per a newly written and signed contract if that date is available for Photographer. The new date must be within six months of the original date or the new contract will be subject to Photographer’s current rates. If the new date is unavailable with Photographer, the contract will be cancelled and the retainer will not be refunded.4. Copyright and Reproductions
Photographer shall own the copyright for all images created at the event and shall have exclusive right to make reproductions. Photographer shall only make reproductions for Client or for Photographer’s portfolio, studio samples, self promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Photographer shall not do so without first obtaining written permission from Client.
It is a violation of federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Client agrees to purchase prints and products directly from Photographer unless in possession of high resolution digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner, for any reason, without a written release from Photographer.
5. Client Usage
Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Photographer. If Client is obtaining a print for a newspaper announcement of the wedding or similar use, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit to Photographer with the image, but shall have no liability if the newspaper refuses or omits to do so. Usage of images that Client receives on CD or DVD is outlined in Section 6, below.
6. Release of Digital Negatives
Photographer will release the high resolution files (digital negatives) from the Wedding and other pre-wedding events (ie Rehearsal Dinner Coverage, Engagement Session) to Client upon completion.
These files will be delivered on a flash drive or CD. By releasing the digital negatives, Photographer authorizes the Client to use the images contained on the CD or DVD for their own personal use, including printing of the images at a lab of Client’s choosing. The digital negatives will be of the same quality as the images that are presented to the client online through Pictage. Photographers are not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. The images may not be sold or published without the written consent of Photographer. Photographer will retain the copyright of the images contained on the CD as well as the exclusive rights detailed in Section 4 “Copyright and Reproductions.”
Requests for additional and/or replacement copies of these files may be purchased for $75 per set.
7. Failure to Perform
If Photographer cannot perform this agreement due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, then Photographer shall return all monies paid, including the retainer, and shall have no further liability with respect to this contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event that Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the value of Client’s package.
8. Photographer Substitution
In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Photographer which precludes Photographer from performing the duties of coverage, Photographer will attempt to arrange for a substitute photographer of high qualification, per Client approval of said photographer. Client and Photographer both assume the risks and dangers of Photographer’s travel and if the extremely unlikely event that a last-minute act of nature or travel disaster occurs while Photographer is en route to the event, Photographer will refund the client all monies paid, including the retainer.
9. Inherent Qualities
While Photographer adheres to the highest standards possible with respect to photographic materials, Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. If changes occur to any photographic materials, which are greater than normal fading and discoloration, the materials will be replaced at the discretion of Photographer.
10. Standard Price List
The charges in this contract are based on Photographer’s standard price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested.
11. Final Prints
Final Prints are individually edited for color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, DVDs, proof books, and albums. Additional modifications and enhancements are billed at the photographer’s current retouching rates.
12. Officiant and Venue Restrictions
Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of Photographer. Client agrees to hold Photographer harmless for the impact such guidelines or rules may have on the resulting photographs.
13. Requested Photographs
While Photographer will make every reasonable effort to take specifically requested photos, Client understands that a wedding is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.
14. Artistic License
Photographer shall be granted full artistic license in relation to the poses photographed and the locations used. Photographer will not be held responsible for the lack of coverage caused for the following reasons: The bride, groom, family or wedding party not being on time, members of the wedding party or family are unavailable when called on for a posed photograph, the wedding running late or if restrictions regarding photography at the desired location of the wedding are in force.
15. Event Food Service
A meal must be provided by Client for Photographer and their team for events 4 hours or longer. If Client provides no meal, it is understood that Photographer will leave the event to purchase a meal. If possible, Photographer additionally requests to be seated in the same room as the guests, but at a table where frequent standing up, moving around, and sitting down in order to capture moments as they occur will not be a distraction.
16. Shipping and Handling
The final wedding photo package will be shipped at no charge to the client. The turnaround time from the day of the event is 4-6 weeks. Shipping and handling charges will be billed to Client if Client is unable to pick up addtional proofs, prints, albums, digital negatives, etc. that are ordered.
17. Additions and Subtractions
Photographer and Client agree that Client shall have the option of making additions or subtractions to the list of ordered products and services, listed in Paragraph C, which may change the total balance. Photographer and Client agree that any additions or subtractions to the product list shall be made within 90 days prior to the wedding date, listed in Paragraph B.
Further, the stated price for the products added or subtracted shall be the actual amount added or subtracted, and no penalty shall be charged in the event additions or subtractions are made, unless both parties agree to such extra charges or if Photographer can demonstrate that it will be materially affected or prejudiced by the proposed addition or subtraction of products.
This contract incorporates the entire understanding of both parties. Any modifications to this contract must be in writing and signed by both parties. Any adjustments to this contract cannot reduce the total overall dollar value. This contract shall be governed by the laws of the state in which Photographer conducts business.
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Various forms on our site require users to give us contact information (ex. Name, address, phone number and email address). We use customer contact information from these forms to send the user current information about our company.
We collect visitor’s contact information (like email addresses) and financial information (credit card numbers). Contact information from the customer is used to send information to our customers. The customer’s contact information is used to follow up with the visitor when necessary. Financial information is used to bill our clients for products and services that have been booked with our company. The customer’s contact information will be kept strictly confidential. This site has security measures in affect to protect against loss, misuse and alteration of the information under our control. All personal data resides on secure-password protected environment and is sent over SSL encrypted streams that allow only user-client access. All servers are monitored 24 hours a day, 7 days a week and 365 days per year.
We never have nor do we intend to sell our email list to a third party. Email addresses given on this web site are strictly for use by Faithfully Focused Photography for contact (order information, customer service, etc.) and/or optional, per your request, email updates. The user may opt-out of the email updates at any time.