The agreement constitutes an order for wedding or event photographic services, including the taking of wedding photos as agreed to by both parties: Rachel Photographs (The Photographer) and contacting party/couple (The Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, digital images, negatives, thereof shall remain property of Rachel Photographs and may be used for advertising, display, or any other purpose thought proper by Rachel Photographs. By signing this agreement, Client is giving Rachel Photographs permission to publish any photo whether online or in print.
This agreement constitutes the entire agreement between parties and supersedes all previous agreements (written or expressed) between the parties in relation to its subject matter. Each party acknowledges that in entering this agreement has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty other than expressly set out in this agreement. This agreement also constitutes that the Client will be the couple requesting photography coverage and not necessarily the person responsible for payment.
SUMMARY of the CONTRACT:
The Photographer is hired for providing for the Client a photographic service and products as detailed below. The Client undertakes to engage the Photographer for this coverage for the prices as detailed below. The contract is between the couple (Client) and the Photographer and not necessarily the person(s) responsible for payment.
– Photographer’s time and talent, including a pre-event consultation that may be made via email, phone, skype, if meeting face-to-face will not work.
– Photography coverage by the Photographer (and second shooter if included).
– Photographer’s expertise and time to cull, re-touch, edit, and upload digital files.
– A collection of edited, high-resolution images, delivered via digital download in an online gallery.
– Permission to print and share images online with credit.
– Any additional sessions, add-ons, prints or products that are purchased with a collection or separately, if applicable.
WHAT HAPPENS NEXT:
– The Photographer will receive a $1000 non-refundable retainer paid by The Client or responsible person to reserve the Client’s date. The date is not reserved until the retainer is paid in full and a contract is signed.
– The Photographer and Client will schedule any needed engagement, bridal, lifestyle, or boudoir sessions, and will make that happen.
– Fifty percent (50%) of the remaining balance is due halfway between the time of booking and the remaining 50% is due 30 days before the event date. Payment plans can be set up.
– The Photographer will cover Client’s wedding or event with her skills, knowledge, equipment, and second shooter/assistant if one is booked.
– Usually within six to ten (6-10) weeks of your wedding, your photos will be delivered via online gallery. A flashdrive can be included for an additional $50. Should this timeframe alter, The Photographer will keep you up to date.
– The Photographer will keep your images for six months online after the gallery is delivered. After six months there will be a $300 fee to retrieve them for any reason if they are taken down. It is up to the client to keep informed on the gallery expiration date. It is recommended to back up the photos once downloaded. More than one place (such as an external hard drive and online cloud storage) is encouraged. It is not the responsibility of The Photographer if The Client loses any images once downloaded.
The retainer holds the date and is non-refundable should the Client no longer require the Photographer’s services.
The whole balance of wedding or event coverage, any additional items, mileage, travel fees, or miscellany is due thirty (30) days before the event date and is payable by cash, personal checks, and major credit cards. Any expenses such as tolls, additional travel fees, etc that were not covered in the original final balance will be billed to the Client.
All payments made to the photographer prior to the event are nonrefundable, even in the case of cancellation. In the event that a cancellation happens, the photographer will refund any payments made ONLY if the original date is able to be filled. | A $100 fee will be charged for any return checks. | If the client fails or refuses payment or delivery by terms, the Photographer shall charge the Client a service fee of $200 per month. | In the case of a cancellation, there will be no refunds given for any payment that has already been made. | In the case of a cancellation thirty (30) days of less prior to the event, a $300 cancellation fee will be in effect. | Should the Client decide that he or she no longer need the Photographer’s services, liquidated damages shall be charged at the amount of the retainer and any additional amount paid from the remaining balance. | Requests for changes to the final delivered images will be subject to an editing surcharge of $300 per hour. | Any additional hours not previously discussed in which the Photographer and assistant photograph at the event will subject to $500 per hour. | For any miles travelled outside of the Oklahoma City Metro area, a standard fee of $0.55 per mile will be charged. | If travel is required for the Photographer, the Client is responsible for all travel, accommodations, meals, and transportation expenses (unless booking the Destination Collection). | If an event ends later than 10pm and the Photographer and her assistant are more than sixty (60) miles away from their home OR if the event is more than 120 miles from home, the Photographer reserves the right to book a hotel room. In this case, the Client will reimburse the Photographer for any expenses paid out of the Photographer’s pocket. In most cases, the Photographer is more than happy to stay in the hotel where the Client has reserved rooms for out-of-town guests. | For the cases of destination weddings, all travel fees must either be reimbursed to The Photographer or paid for by The Client or responsible party unless Clients choose The Destination Collection. For weddings outside of Oklahoma, a minimum of a 2-3 night stay is required.
FAILURE to PERFORM and LIMITATION of LIABILITY:
Should the Photographer have an emergency and is no longer able to provide her services due to a fire or other casualty, strike, act of God or terror, death in the family, illness, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement Photographer. The Photographer reserves the right to choose the fill-in, but will do everything possible to ensure a qualified, professional backup. The Photographer will still edit and deliver the images in the style of which you see in The Photographer’s galleries and website. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received towards the event and nothing more. Under no circumstances can the Client hold liable the Photographer for anything more than the total of payments received.
This limitation also applies in the event that the photographic materials and/or equipment are damaged, lost in processing or camera malfunction, lost in the mail, or otherwise lost, stolen, or damaged without fault on the Photographer. In the unlikely event of a total photographic failure or cancellation of this contract by either party in any other circumstances, the liability of one party to the other shall be limited to the total value of the signed contract and no more. Neither party shall be liable for indirect or consequential loss.
CAPTURE and DELIVERY:
Rachel Photographs is not liable to deliver every image captured from the event. Not every person present at the event is guaranteed to be photographed. The Photographer will put every effort into capturing each scheduled moment such as the first kiss, bouquet toss, cake cutting, etc, but delivery of photos is not guaranteed due to unforeseen circumstances, changes in timeline, changes in lighting, scenery, or sudden movement. The determination of images delivered to the Client is left to the discretion of the Photographer. The Photographer will not deliver RAW images and will not turn over unedited images. Most clients can expect anywhere from 40-80 photos delivered per hour of shooting time, though that number is not guaranteed. If there are any “must-have” photos (please do not take a list from Pinterest…), those shots need to be communicated to Rachel Photographs at least 7 days before the wedding.
POST PRODUCTION and EDITING:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of Rachel Photographs. The Clients give artistic licensing to Rachel Photographs. Rachel Photographs will edit images as she sees fit. The Photographer will do basic retouching. Photographer will not be responsible for fixing patchy or bad spray tans, unfortunate makeup jobs, bedhead, tangles, or other hair mishaps, wrinkles in clothes, ill-fitting outfits, “extra weight” or other components to appearance that are out of the photographer’s control. If any additional editing is requested after the delivery of the gallery, additional editing must be approved by the Client and is subject to a $300/hour editing fee.
Rachel Photographs shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, family, friends of the Client can photograph as long as they do not interfere or get in the way of the Photographer’s duties. If Photographer feels prohibited by a guest, she will do what’d necessary to get the shot. If there is interference by a guest, family member, or friend of the Client’s, it is not the Photographer’s fault for any missing shots. If repeated interference occurs, the Photographer has the right to pack up and leave without taking any more photos. It is the Client’s responsibility to inform guests of this.
In cases where guests are blocking shots, standing directly in the Photographer’s personal proximity, leaning into the aisle, sticking giant phones or iPads into the photographer’s frame, or otherwise disrupting the flow of the Photographer’s work, the Photographer, if able, will ask them to cease.
Under no circumstances can a guest, family member, or friend use any images that they take for any facebook photography business pages, websites, portfolios, etc. Doing so is a breach in this contract and the person responsible for using images for business or profit will be addressed.
To manipulate, duplicate, edit, crop, or otherwise alter any images taken by Rachel Photographs is a breach in copyright laws and shall not be done. No images may be used in contests or sold for profit without permission from the Photographer. If sold for profit, the Photographer must be compensated. Photographs taken by Rachel Photographs may be used for purposes of display, advertising, portfolio, website, or any publication to promote business. The entire copyright in the photographs is retained by the Photographer at all times throughout the world. Where a disc, flash drive, or digital download gallery has been presented to the Client(s) as part of the event/wedding collection, these photographs may be printed and/or displayed online, for personal but not commercial use. The Photographer retains the right in all cases to use in any manner.
The Client hereby assigns Rachel Photographs the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, or editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter the same restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from the use of images.
USE of IMAGES and CREDIT:
At no time shall any images by uploaded online or on social media (Facebook, Twitter, Tumblr, Instagram, Blogs, etc) without proper credit accompanying each image. No filters or editing may be applied to photos taken by the Photographer. Any photos uploaded online without proper credit will be taken down until proper credit is received.
Proper credit would be: “© www.rachelphotographs.com” or “© Rachel Photographs.” If any photos are uploaded online in any manner, a link to the Rachel Photographs website, (www.rachelphotographs.com) must be present. In the event that photos are uploaded onto Facebook or Instagram, my Facebook page (www.facebook.com/rachelphotographs) or Instagram name (@rachelphotographs) must be credited.
RESPECT of the PHOTOGRAPHER:
Should there be any interference by guests regarding personal space, equipment, unnecessary use of language, harassment of any kind, etc, the Photographer will inform a person in charge and will insist for it to be stopped. If harassment continues, the Photographer will leave. If at any point, the Photographer feels threatened, unsafe, or that her and/or her assistant’s life is in danger, the Photographer (and assistant) will leave.
In the event where the photographer thinks she is getting repeat shots (i.e dancing shots at the reception) due to no change in the timeline or events of the evening, the photographer may ask to be dismissed.
If The Photographer’s coverage continues more than four (4) hours, the Photographer and her assistant expect to be fed. The Photographer would prefer to eat when everyone else is eating and what everyone else is eating. A well-fed photographer is a happy photographer. If the Photographer and assistant are not fed, they will present receipts to the Client to be reimbursed for any refreshments needed. In the event that the Photographer and her assistant leave the venue in order to get a meal, they will not be held responsible for any photos or shots missed.
If any verbal, mental, or physical abuse or harassment occurs before, during, and/or after the event, through email, phone call, in person, by word of mouth, or in any other fashion by the Clients or any member of their wedding party, family, friends or guests, or vendors, the photographer has the right to cancel the agreement between the client. No refunds will be given.
The Photographer and her assistant are limited by the guidelines of the ceremony official or reception site management. The Client agrees to accept the technical results of the imposition of the Photographer. Negotiation with the officials for moderation of the guidelines is the Client’s responsibility. If there are any fees to photograph in certain venues, they are the responsibility of the Client and arrangements will be made prior to the event to get any fees taken care of. The photographer is not responsible for any photos not delivered due to restrictions that the photographer has not been informed of.
PORTRAITS, GROUP PHOTOS, FAMILY FORMALS:
The Photographer would prefer to have at least 20-30 minutes of uninterrupted portrait time with the Clients at a time with good light and in a place agreed upon by the Client and photographer. If the Client chooses not to do a first look, Client acknowledges that they will receive less portraits unless additional time is included into the timeline.
For any family photos, it is recommended to designate a person to round up family members, wedding party members, or any other important people. Photographer will include 25 minutes for family photos on the wedding day, so it is very important for everyone being photographed to be in the location and on time. Any photos missed during the 25 minutes family portrait session can be taken during the reception. Any family shots outside of the photographer’s shot list should be discussed prior to the wedding. It is not the responsibility of the photographer for any missing family members in the formal or casual photos.
Wedding party photos will take place during the time agreed upon the Client and Photographer and will include both sides of the wedding party, individual photos of each wedding party member with the bride and/or groom, and the full wedding party. Any changes to the shot list should be agreed upon between the Client and Photographer prior to the event. Any specific shots wanted by the Client that the Photographer would not normally take should be made known by the Client.
It is preferred, though not mandatory, that the timeline of the day be made with the Photographer’s input and expertise. It is acknowledged that people running late (bride, groom, family members, wedding party members, etc) will potentially cut into the time of portraits or already scheduled photos. The Photographer will not be responsible for necessary changes of location, lighting, missed photos,, etc in order to accommodate lateness.
If the schedule of the day is running behind due to issues out of control of the Photographer, the Client understands that time scheduled for portraits, group photos, details, etc will be compromised. The Photographer is not responsible for any images not included in the final gallery due to tardiness or lack of time in the schedule.
ARTISTIC LICENSING and CLIENT EXPECTATIONS:
The Photographer reserves the right to artistically interpret what she sees fit. By signing this, the Client is giving the Photographer creative licensing to shoot, edit, compose, and re-touch how she sees fit.
In the case of the Client giving the Photographer a detailed shot list, the Photographer does not guarantee the capturing or delivering of every image on the list, as checklists inhibit the creative expertise of the Photographer and stifle the innovation and artistic flow of the Photographer. The photographer will happily take a look at any inspiration boards the client has, but will not look at it or use it as a photo check-list. It is against the Photographer’s moral code to copy another’s work pose-for-pose. Client acknowledges and agrees that the Photographer is being hired for her own artistic vision, talent, expertise, portfolio and whole collection of work.
Upon reviewing samples of the Photographer’s work and by meeting with the Photographer or communicating through other means, the Client has to decided to invest in the Photographer’s services.
It is understood that the Photographer must be given appropriate circumstances to achieve the vision the Client wants. Some examples: Client’s desires: Bride wants light and airy getting-ready photos in a beautiful room. Reality: Bride gets ready in a cramped, dark, and cluttered room. Desire: Couple wants golden light-filled portraits near sunset. Reality: Couple doesn’t do a first look and waits until the sun goes down before doing their portraits. The Photographer will do her best in any given situation, but the Client must understand that their desires cannot be met without proper settings, times, and situations.
FINAL PHOTO PRODUCTS and PHOTO COORDINATION:
There is no way to know what photos will be produced from the endeavor simply because this is an event in the future and will be unstaged. There is no guarantee, either expressed or implied, in regard to the quality or number of images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer. The Photographer does not guarantee that everyone involved or present at the event will be photographed or included in the final images. It is helpful to appoint a “photo coordinator” to gather family, friends, or guests of importance for formal portraits.
It is understood that cluttered backgrounds, too-bright lighting, fluorescent lighting, dark lighting, lack of natural light, sudden DJ lights that come on in the middle of the cake-cutting, warm colored rooms, etc can affect the final outcome of the photos taken in these circumstances with unnatural skin tones, dark images, grainy photos, strange lighting phenomena and distractions from the main subject of the photo. The Photographer will do her best to work in these conditions, but the client understands the risks of these conditions.
The Client is aware that color dyes in photography may fade or discolor over time due to inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to those inherent qualities. It is recommended to print and order products through Rachel Photographs and is recommended to store any photos in albums or in cool, dry, shaded areas. The Client is aware that digital files any be corrupted due to media deficiencies and random interference and will not hold the Photographer responsible under any circumstances. The Photographer also recommends printing from mpix.com, Bedford Camera, and Artifact Uprising.
It is understood that Rachel Photographs shoots in a modern, minimalistic, photojournalistic style. She aims to compile a story of the wedding day, capturing all the moments, details, and connections that make you so beautiful. Clients can expect a collection of artistic, timeless, candid, and modern images.
Any Rachel Photographs event or wedding collection pricing is subject to change. Sales tax is not included, nor are any travel fees, unless included in the collection the Client chooses. The Client is legally bound to pay the full amount by the terms set forth. Any neglect to pay the full amount will be subject to additional fees by terms set forth.
After the signing, filling out, and submitting of this contract, an invoice detailing the balance, collection type, travel fees (if applicable), and any extras (if applicable) will be emailed to the Client. It is up to the Client and the Photographer to work out a payment plan, if necessary and is up to the Client to inform the Photographer when he/she wants to pay.
If Client decides on a customized collection, pricing will be discussed and agreed upon before the signing of the contract.
The Client (bride and groom, partners getting married, or couple) and the Photographer are the parties this contract is between, regardless if another person/party is responsible for payment of services. In the case where an outside party is responsible for payment and payment is not received, the Client(s) assume full responsibility for the remaining balance.
CLIENT’S SIGNATURE and DETAILS:
In the event that the Photographer and the Client are not able to meet in person to sign the contract, an electronic signature or typed full name will be sufficient as the legally binding signature. Any information the Client and the Photographer exchange electronically in regards to the contract will be sufficient as the legal information as well.
Any changed details must be agreed upon by the Photographer and the Client. It is the Client’s responsibility to let the Photographer know about any changes in time, location, etc. Under no circumstances will this contract be between anyone but The Photographer and The Clients who are being photographed.