Wedding Photography Contract!
We decided to share our wedding photography contact with you to explain how important it is to have a thorough and detailed contract for ANY services you are paying for. Assuming we will only discuss weddings here, it is important to alway sign contacts agreeing to each other terms. Our contract was created by an attorney to protect us as a business and individuals, but also our clients. This wedding photography contract stipulates we will do as promised and you will receive and pay as promised, insuring there is no misunderstandings.
The Couture Bridal Photography - Wedding Photography Contract
Wedding Photography Service Agreement between:
Today's Date:
Bride Name: , Bride Phone Number: , Bride Email Address:
Groom Name: Groom Phone Number: Groom Email Address:
Address: {{bride.address}}
Hereby known as 'Clients'.
and
Studio Information: Couture Bridal Photography,
Hereby known as 'The Studio'.
Wedding Information
Event Name:
Event Date:
Ceremony + Reception Locations: XXXX/ XXXX
Collection Description:
Collection Price (Including Relevant Fees):
Non-Refundable Retainer:
Payment Schedule:
*Add On Services, Orders, or Upgrades:
Anything not listed in the collection description is not included in the collection price. If CLIENTS wish to add any services, orders, or upgrades after CLIENTS sign this contract, the modification must be in writing and signed by all parties, and CLIENTS will be assessed additional fees and sales tax for the requested additional services, orders or upgrades. Overtime rates are $400.00 per hour and overtime balances are due at the time services are rendered.
TERMS AND CONDITIONS:
BOOKING PROCESS:
Both an executed contract and a {{payment_schedule.retainer}} ($USD) NON-REFUNDABLE RETAINER are required to reserve the wedding photography services detailed in this contract on the agreed upon date. The date is NOT RESERVED until both the executed contract and the {{payment_schedule.retainer}} ($USD) NON-REFUNDABLE RETAINER have been received by The Studio. The proposed contract will expire one (1) week from the date it is prepared if the non-refundable retainer and signed contract are not received. Wedding photography services are reserved on a first-come, first served basis. Therefore at the time the contract is signed by both parties and the non-refundable retainer is paid, The Studio will reserve the date agreed upon for CLIENTS and will not make another reservation for the date agreed upon. For this reason, all retainers are non-refundable, even if the date is changed, if the wedding is cancelled, or if the CLIENTS cancel this contract. CLIENTS understand that the Retainer is Non-Refundable, even if the date is changed, if the wedding is cancelled or if the CLIENTS cancels this contract. {{contract.initials_box}}
PAYMENT TERMS:
The {{payment_schedule.retainer}} (USD) NON-REFUNDABLE RETAINER shall be applied to the total fees owed to The Studio, provided that neither the wedding nor the contract is cancelled. The remaining balance owed to The Studio is due fourteen (14) days prior to the wedding date. The Studio accepts payment via Square through the CLIENTS Client Portal. CLIENTS are required to follow the outlined payment schedule towards their final balance. ALL PAYMENTS MADE ARE NON-REFUNDABLE. {{contract.initials_box}}
FAILURE TO MAKE FINAL PAYMENT:
Failure by CLIENTS to make the final payment as scheduled fourteen (14) days prior to the wedding date shall be deemed a material breach of this agreement. in the event of a material breach by CLIENTS , The Studio may cancel this agreement and be relieved from any further obligation of performance. The Studio may charge a $5.00 (USD) per day late fee on CLIENTS final balance until the balance is paid in full. If the balance is not paid after 30 days, The Studio may send CLIENTS account to collections. Until the final payment and all associated late fees are received by The Studio, all images, prints, and products from the wedding shall remain the property of The Studio and shall not be released to CLIENTS . {{contract.initials_box}}
TERMINATION BY CLIENT:
CLIENTS may terminate this agreement if notice of such termination is given to The Studio in the following manner: CLIENTS must send notification in writing, signed by the contracted party, via Electronic Mail prior to the original wedding date, to The Studio. The Studio will send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. The Studio shall retain CLIENTS retainer as liquidated damages AND CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation, in excess of the {{payment_schedule.retainer}} (USD) retainer, not to exceed the grand total agreed upon (collection amount + travel fees + sales tax). At the time the cancellation notice is received by The Studio via Electronic Mail and the balance due under this section is paid, this contract shall be cancelled, and both parties shall be relieved from further obligation and liability. in the event that the balance due under this section is not paid by CLIENTS, The Studio may charge a $5.00 (USD) per day late fee on CLIENTS balance until the balance is paid in full. If the balance is not paid after 30 days, The Studio may send CLIENTS account to collections. {{contract.initials_box}}
TERMINATION BY THE STUDIO:
The Studio may terminate this agreement if notice of such termination is given to CLIENTS in the following manner: The Studio must send notification in writing, signed by The Studio, via Certified Mail by the United States Post Office, prior to the original wedding date, to CLIENTS at the address noted above. The Studio will also send an electronic cancellation agreement to CLIENTS, which must be signed by the CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation. If the balance due under this section is less than the amount of the non-refundable retainer ({{payment_schedule.retainer}} USD), The Studio shall refund CLIENTS the difference between the amount of the non-refundable retainer and the balance due under this section. At the time the cancellation notice is received by CLIENTS via Certified Mail, the balance due under this section is paid to The Studio by CLIENTS , and any refund owed to CLIENTS from The Studio has been received by CLIENTS , this contract shall be cancelled, and both parties shall be relieved from further obligation and liability. in the event that the balance due under this section is not paid by CLIENTS , The Studio may charge a $5.00 (USD) per day late fee on CLIENTS balance until the balance is paid in full. If the balance is not paid after 30 days, The Studio may send CLIENTS account to collections. {{contract.initials_box}}
ACTION CAUSING CONTRACT TO BECOME VOID:
In the event that the contract has become void due to CLIENTS action as detailed in this contract under the WEDDING DATE CHANGE, WEDDING LOCATION CHANGE and EXCLUSIVITY provisions, The Studio shall be relieved from further obligation and liability and shall retain CLIENTS retainer as liquidated damages, and CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of the action causing the contract to become void, in excess of the {{payment_schedule.retainer}} (USD) retainer, not to exceed the grand total agreed upon (collection amount + travel fees + sales tax). In the event that the balance due under this section is not paid by CLIENTS , The Studio may charge a $5.00 (USD) per day late fee on CLIENTS balance until the balance is paid in full. If the balance is not paid after 30 days, The Studio may send CLIENTS account to collections. {{contract.initials_box}}
WEDDING DATE CHANGE:
In the event that CLIENTS wedding date has been changed after the signing of this contract, CLIENTS original {{payment_schedule.retainer}} (USD) will be applied to the second date if The Studio is available. Since booking rates are subject to season and availability, it is in The Studio's discretion to require additional funds from CLIENTS to secure the second date. In the event that The Studio is not available for the second date, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract. In the event of a date change for a destination wedding where The Studio is available for the second date, The Studio shall not be responsible for costs associated with the change of date. CLIENTS shall be responsible for or reimburse The Studio for all costs associated with the change of date, including but not limited to changes to airline reservations, changes to hotel reservations, and changes to local transportation reservations. {{contract.initials_box}}
WEDDING LOCATION CHANGE:
In the event that CLIENTS wedding location has been changed after the signing of this contract requiring The Studio to travel to the new location, CLIENTS shall be responsible for all of The Studio's travel costs subject to the TRAVEL FEES provision of this contract. In the event that CLIENTS decline to cover The Studio's travel costs, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract. In the event that The Studio is not available due to the location change (for example, if the wedding was originally in South Florida on a weekend date where The Studio was booked the following day for another wedding, and the new wedding is outside of South Florida where travel back to South Florida would make it impossible or impractical to get to the second wedding), this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract. {{contract.initials_box}}
TRAVEL FEES:
If the CLIENTS wedding and/or associated sessions are less than 50 miles/roundtrip outside of Ft. Lauderdale, CLIENTS shall not incur any travel fees. If the CLIENTS wedding and/or associated sessions are in excess of 50 miles/roundtrip outside of Ft. Lauderdale, where The Studio will be driving to CLIENTS wedding and/or associated sessions, CLIENTS shall be invoiced $1 per mile, round trip, for every mile of travel time in excess of the first 50 miles. If the CLIENTS wedding and/or associated sessions are in excess of 50 miles/roundtrip outside of Ft. Lauderdale, where The Studio will be flying to CLIENTS wedding and/or associated sessions, CLIENTS shall receive a custom travel invoice from The Studio, and CLIENTS and shall be responsible for The Studio's travel costs, including but not limited to airline reservations, hotel reservations, local transportation, and a per diem food stipend. {{contract.initials_box}}
MEAL POLICY:
CLIENTS shall provide The Studio (consisting of all photographers and assistants) a meal during weddings that last more than four (4) hours. The Studio uses this 60 minute meal time for their break. Therefore, CLIENTS understand that there will not be a photographer to cover events during The Studio's 60 minute break, and therefore, CLIENTS should plan the timeline accordingly. The Studio shall not be liable for events not captured during this 60 minute break. The Studio strongly suggests that the team eats at the same time as the couple for the most effective timeline. {{contract.initials_box}}
EXCLUSIVITY:
The Studio shall be the sole professional photographer hired for CLIENTS wedding. Photography or videography by any person or persons other than The Studio or a hired professional videographer, during posed sessions is not permitted. CLIENTS acknowledge that The Studio is permitted to verbally request that guests refrain from photographing or taking video during any such posed session. The Studio does not object to other reasonable photography occurring during the wedding as long as it does not keep The Studio from fulfilling this agreement and professionally covering CLIENTS wedding. However, The Studio cannot be held liable for failing to capture images that are disrupted by your guests or other vendors, due to reasons including but not limited to: obstruction, cellphones, subjects looking at other cameras, other flashes going off, etc. The Studio prohibits CLIENTS guests from photographing over their shoulder during posed sessions and detail sessions and prohibits the use of wedding images in a same-day slideshow at the wedding that is put together by any person outside of The Studio or any hired professional videographer. In the event that CLIENTS hire another photographer, professional or amateur, without notifying The Studio, this contract shall be treated as void in accordance with the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract. {{contract.initials_box}}
HOUSE RULES:
The Studio is limited by the guidelines of the ceremony officials and reception site managers. CLIENTS shall be responsible for negotiating deviations from the house rules. {{contract.initials_box}}
LOCATION ACCESS, FEES + PERMITS: If CLIENTS want to shoot at a location that charges for access or requires permits, CLIENTS shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. CLIENTS shall also be responsible for organizing access to the location and any permits required for doing so. {{contract.initials_box}}
COPYRIGHT & IMAGE USE BY STUDIO: The photographs produced by The Studio are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without The Studio's written consent. The Studio owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to CLIENTS or notification to CLIENTS before use. The Studio also reserves the right to publicly display the names of CLIENTS . As author of all images made here under and as provided by law, The Studio shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by CLIENTS , without written consent of The Studio, CLIENTS will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the PRINT RELEASE FOR PERSONAL USE provision in this contract. {{contract.initials_box}}
ARTISTIC STYLE:
On CLIENTS own behalf, and on behalf of the subject(s): CLIENTS acknowledges that The Studio requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENTS are familiar with the Photographer’s portfolio and is requesting services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use their personal artistic judgment to create images consistent with their personal vision of the wedding/session, which vision may be different from CLIENTS and /or the Subject’s vision of the wedding/session. Accordingly, CLIENTS acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. {{contract.initials_box}}
LIMITATIONS ON LIGHT:
CLIENTS acknowledge that in the event that any part of the wedding occurs at a time or in a location where there is an absence of natural light, The Studio will have to use artificial light sources and the images will look different than with natural light images CLIENTS have seen in The Studio's portfolio. Accordingly, CLIENTS acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. {{contract.initials_box}}
WEATHER LIMITATIONS FOR PORTRAIT SESSIONS (INCLUDING BUT NOT LIMITED TO ENGAGEMENT SESSIONS):
CLIENTS recognize that The Studio prefers to shoot in outdoor, natural light for their portrait sessions, including but not limited to engagement sessions. Therefore, The Studio reserves the exclusive right to reschedule their portrait sessions, including but not limited to engagement sessions, due to weather conditions. The Studio will notify the client via email 24-48 hours in advance of the portrait session if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc. {{contract.initials_box}}
CULLING + EDITING:
After the wedding, each image is put through a careful selection process, where The Studio selects images that meet their high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after The Studio completes this culling process. CLIENTS acknowledge that The Studio retains complete control over the culling and editing process. The Studio color corrects and does minimal editing on all delivered images. The Studio also retains complete control over which images are delivered in color and which images are delivered in black and white. All images that are printed through The Studio are retouched at The Studio's complete discretion (excluding images marked "as is"). During the retouching phase for images printed through The Studio, The Studio will retouch any mark that will not be present in two weeks (i.e., acne). Any additional client requested edits, including but not limited to, removal of scars or birthmarks, removal of persons or things, body shaping, head swaps, etc., shall be outsourced to our editors at $30 (thirty dollars USD) per image per round of revisions. Extensive Photoshop work will be invoiced to the client at $150 per hour. {{contract.initials_box}}
ADDITIONAL IMAGES/RAW IMAGES:
The Studio does not guarantee a minimum number of images in the CLIENTS final portfolio. Under no circumstance will The Studio release RAW images to CLIENTS . The Studio selects the best representation of the images taken at the wedding/associated sessions for the CLIENTS' portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to CLIENTS . {{contract.initials_box}}
ARCHIVAL OF IMAGES:
The Studio deletes all RAW images upon delivery of the final JPEG files to CLIENTS . Once The Studio delivers the final JPEGs to CLIENTS, CLIENTS accept all responsibility for archiving and protecting their images. The Studio does not guarantee to permanently archive image files. Should The Studio still have possession of the archived images an "Archival and Retrieval" fee will be charged at $250 USD per seven (7) days to re-activate gallery. {{contract.initials_box}}
EQUIPMENT DAMAGE OR THEFT:
The Studio takes reasonable care to bring backup equipment. If CLIENTS or any of their guests damages or steals the equipment belonging to The Studio, it may result in early departure of The Studio. CLIENTS understand that in such event that The Studio cannot comply with the obligations of this contract due to equipment damage or theft resulting from an action of CLIENTS or any of their guests, CLIENTS will not receive a refund of any payments made, CLIENTS will be responsible for the costs of any repair or replacement of The Studio's equipment, and The Studio shall be relieved from liability for failing to capture images due to the theft or damage of equipment by CLIENTS or their guests. {{contract.initials_box}}
PLANNING MEETING + QUESTIONNAIRES:
CLIENTS shall complete the Wedding Questionnaire at least two weeks prior to the wedding date and shall attend a planning meeting or phone call with The Studio to finalize the wedding day timeline, locations, and CLIENTS written list of requested images and family formal groups. Any information provided and discussed is not part of this contract nor shall such information modify this contract. It is important that CLIENTS understand that The Studio does not warrant that it will provide specific images or poses. {{contract.initials_box}}
CLIENT REQUESTS:
The Studio and CLIENTS will collaborate in all schedules and arrangements of services to be provided. It is very important that The Studio know about key elements of CLIENTS wedding in advance so that the important images may be captured. Any information provided and discussed is not part of this contract nor shall such information modify this contract. During the wedding, The Studio will work to meet all of CLIENTS reasonable requests and expectations; however, circumstances may prevent certain images from being created. It is important that CLIENTS understand that The Studio does not warrant that it will provide specific images or poses. Finally, if the day is behind schedule, The Studio may not be able to create all of the images CLIENTS might otherwise receive. If client-requested images are not received due to scheduling delays or unforeseen circumstances, The Studio will be relieved of any liability. {{contract.initials_box}}
COOPERATION:
CLIENTS agree to cheerful cooperation and communication leading up to and on the wedding day. CLIENTS shall designate an "event guide" to point out important individuals for informal and candid photographs, as well as gathering important individuals for family formals. The Studio does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during photography sessions. In the event that CLIENTS ask The Studio to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of their control, The Studio shall not be liable for images not taken that would normally have been taken during that time. {{contract.initials_box}}
DIGITAL IMAGE PRODUCTION TIMELINE:
For engagement sessions, The Studio shall post the online gallery of High Resolution images within four (4) to six (6) weeks of the engagement session. For weddings, The Studio shall provide a small set of teaser images to CLIENTS within two (2) weeks of the wedding. CLIENTS full online gallery of High Resolution images will be posted within eight (8) to twelve (12) weeks of the wedding. CLIENTS shall download the zip file of all images from the online gallery and will not receive a physical disc of images, unless it is included in their package. CLIENTS acknowledge that they understand how to download the images from the web onto their computer, including unzipping the zip file, and how to back up images to prevent image loss. The Studio is not responsible for user error in downloading and saving final images. Your online gallery expires six (6) months after the date of your wedding. Should CLIENTS request additional time to their expired online gallery a fee of $250 USD will be implemented per additional seven (7) days. {{contract.initials_box}}
ALBUM PRODUCTION/ORDERING/DELIVERY TIMELINE:
The Studio shall create and deliver the first album proof with the photographer favorite images with a clean, white timeless background to CLIENTS no later than the end of June for weddings occurring from November-April or December for weddings from May-October. CLIENTS shall have a fourteen (14) day period to send image replacement requests to The Studio. The Studio shall revise and deliver the final proof of the album based on CLIENTS requested changes within fourteen (14) days of receiving CLIENTS requested changes. CLIENTS shall have seven (7) days to give final approval of their album proof to The Studio. Upon receiving the CLIENTS final approval of the proof, The Studio will retouch the final album images at their complete discretion and order and deliver the album within a twelve (12) week time frame, barring any delays from the manufacturer. Additional rounds of revisions are $250.00 per round of revisions. If CLIENTS opt to choose a custom designed album not in the style of The Studio, The Studio shall send the album design to their designer and CLIENTS will be invoiced a custom design fee, determined by the designer. In the event that CLIENTS do not finalize their album design within six months of receipt of their initial album design (proven by The Studio's sent email to clients with the attached proof and and date stamp), CLIENTS will forfeit their album. {{contract.initials_box}}
OTHER PRODUCT PRODUCTION/ORDERING/DELIVERY TIMELINES:
- Other Products: If other products and prints are included in CLIENTS collection, CLIENTS must place their order within 6 months of the wedding. If CLIENTS fail to place their order within 6 months of the wedding, CLIENTS will forfeit their prints or products or will be invoiced for 30% of the a la carte value of the print or product. All other products and prints will be delivered according to the manufacturer timelines.
- Discounts + Credits: Discounts and product credits expire one (1) year after the wedding. {{contract.initials_box}}
LOST ITEMS:
The Studio is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on contact forms. {{contract.initials_box}}
HARASSMENT:
The Studio expects to be treated with respect by our clients, their guests, and other vendors. In the event that The Studio feels that he/she is being harassed (verbally or physically), the following procedure will take place. The Studio will first notify CLIENTS of the harassment. If it happens a second time, The Studio will request that the person be removed from the premises. In the event that CLIENTS refuses to remove the person from the premises or the person harassing us refuses to leave, The Studio reserves the right to leave the wedding. If this occurs, The Studio will not be liable for any images not taken. {{contract.initials_box}}
SUBSTITUTION:
In the unlikely event that The Studio cannot complete the responsibilities governed by this contract due to illness, death, fire, Act of God, or other event beyond its control, which precludes The Studio from performing the duties of coverage, the following shall occur: The Studio will arrange for (1) a substitute photographer (or photographers) of high qualification, and/or (2) an adjustment to either the fee amount or the contents of the CLIENTS collection. If CLIENTS do not accept The Studio's substitution offer, CLIENTS may elect instead to terminate agreement subject to the following: CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation. If the balance due under this section is less than the amount of the non-refundable retainer ({{payment_schedule.retainer}} USD), The Studio shall refund CLIENTS the difference between the amount of the non-refundable retainer and the balance due under this section. If The Studio is unable to make arrangements as specified in this provision due to death, serious illness, or insufficient time, The Studio’s liability shall be limited to a refund of all payments made by CLIENTS , including a full refund of the retainer. Provided that The Studio complies with this provision, The Studio shall have no further liability to CLIENTS with respect to this agreement. {{contract.initials_box}}
LIMIT OF LIABILITY:
The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of CLIENTS images. However, in the event that The Studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of The Studio’s control or The Studio's own negligence, The Studio’s liability shall be limited to a refund of all payments made by CLIENTS . The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that CLIENTS requested or that were discussed at the planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to CLIENTS , and The Studio shall not be liable for the same. {{contract.initials_box}}
INDEMNIFICATION:
To the fullest extent permitted by law, CLIENTS agrees to defend, indemnify, and hold harmless The Studio, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by CLIENTS, CLIENTS guests, CLIENTS agents, or by any of CLIENTS vendors. in the event any such claim is made, and upon notice from The Studio, CLIENTS agrees to reimburse The Studio for the cost of defending such an action or proceeding, using counsel satisfactory to The Studio. This provision shall survive the termination of this agreement. {{contract.initials_box}}
SUBMISSION OF WEDDING IMAGES:
If The Studio intends on submitting CLIENTS wedding to a blog or magazine for publication, The Studio shall notify CLIENTS of the intent to publish prior to delivering CLIENTS wedding day images. In the event that the publication requires complete exclusivity, CLIENTS shall not post images online until such feature is published without the express written consent of The Studio. CLIENTS agree to cooperate with The Studio and submit any information requested of them within one (1) week to supplement the submission of their wedding day images, including but not limited to a publication questionnaire and vendor lists. {{contract.initials_box}}
IRREVOCABLE MODEL RELEASE:
AGREEMENT between The Studio (the “Photographer”), located at 1077 NE 44th St., Ft. Lauderdale, FL 33334 and {{bride.name}} and {{groom.name}} (“Models”), dated {today_date}:
- TERMS: For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to Photographer, his/her heirs, successors and assigns, and the second photographer, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. I warrant I will make no claim against Photographer or his assigns for compensation relating to the use of my images. I agree that this contract will be binding not only upon me, but upon my heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the State of Florida, USA.
- RELEASE: By signing below, I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or his assigns for attorney fees and expenses.
I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. {{contract.initials_box}}
SECOND PHOTOGRAPHER ACKNOWLEDGEMENT:
If CLIENTS select a collection that includes a second photographer, The Studio will hire an independent contractor. The Studio and CLIENTS permit the independent contractor to use the images taken at the wedding for his or her personal portfolio, on his or her website and/or blog, and on social media after The Studio has delivered the final images to CLIENTS . The independent contractor may take images that do not meet the strict quality criteria of The Studio; therefore, The Studio reserves the right to reject those images from the final batch of delivered images. CLIENTS acknowledge that they will not receive additional images from the independent contractor that The Studio has rejected from the final batch of delivered images. {{contract.initials_box}}
PRIVACY:
The Studio is committed to respecting the privacy of their clients. No images will be shown without the written permission from CLIENTS as selected in this clause. Normally, The Studio will post teasers to their Facebook page shortly after the session; will blog the session as images are uploading to the final gallery; will share images on social media; will update their website galleries to include session images; and will use for promotional uses online and in print.
The Studio may post teasers on Facebook, prior to me viewing the images. {{job.custom.facebook_teaser}}
The Studio may blog my wedding, prior to me viewing the images. {{job.custom.blog_permission}}
The Studio may use my images on their website. {{job.custom.website_use_okay}}
The Studio may use my images on social media (including but not limited to Facebook, Twitter, Pinterest, and Instagram). {{job.custom.social_media_use_okay}}
The Studio may use my images for promotional materials, including web and printed materials. {{job.custom.okay_for_promotional_use}}
The Studio may use my images for uses as stated above, but only after I have viewed and approved which images are acceptable to use. {{job.custom.image_fine_after_approval_by_me}}
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LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE:
The Studio grants CLIENTS a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in this gallery ("Media"), according to the following terms:
COPYRIGHT AND OWNERSHIP:
- The Studio retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
- WARRANTIES; AS IS: There are no warranties associated with the copyrighted digital images in this gallery, express or implied. The Media are provided "as is."
- LOSS: The Studio is not responsible for the loss of your digital images once they have been delivered. It is your responsibility to back up your images upon receipt.
PERSONAL WEB USE:
- The Studio permits CLIENTS to post the copyrighted digital images in this gallery for personal use on social media ONLY IF credit is given to The Studio and a link is provided back to CoutureBridalPhotography.com. The copyrighted digital images may not be posted on business social media pages without the express written consent of The Studio.
PERSONAL PRINT USE:
- The Studio permits CLIENTS to print the copyrighted digital images in this gallery for personal use in the following ways: prints, greeting cards, photo gifts, photo books, and other small personal items. Prints larger than an 8x10 is recommended to be ordered through The Studio, as we cannot guarantee the quality of the images large than an 8x10 printed through any other lab.
ALTERATION OF DIGITAL IMAGES:
- The alteration of the digital images in this gallery through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited and is considered a copyright violation under Federal Copyright Law.
COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN:
- Commercial use, or personal use for monetary gain, on the web or in print is strictly prohibited, unless written permission has been obtained from The Studio and credit is given to The Studio. Clients' vendors may email couturebridalphoto@gmail.comfor written permission.
OTHER TERMS:
- Any other utilization or reproduction is specifically prohibited without the express written consent of The Studio. Nothing contained herein shall be deemed a release of The Studio's copyright on any of the digital images.
WHAT YOU MAY DO: - Display on personal websites, personal social media, and computers. - Making image prints for personal use.
WHAT YOU MAY NOT DO: - Resell, re-license, sub-license, or redistribute without express written permission from The Studio. - Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from The Studio. - Use the Media in any advertising without express written permission from The Studio. - Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner. - Incorporate the Media into trademarks, logos, or service marks without express written permission from The Studio. {{contract.initials_box}}
PRINTS AND PRODUCTS ORDERED THROUGH YOUR ONLINE STORE ("TERMS OF SALE"):
These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products through The Studio's online store. Other than as specifically provided in any separate written agreement between you and The Studio, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control. The Studio facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with outside vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products through our online store, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and The Studio's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
PRICING; PAYMENT TERMS:
- In order to purchase Products through The Studio's online store, you are required to provide valid Payment Information. The Studio may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon our request. You agree to reimburse The Studio for any and all costs incurred in collecting amounts owed by you to The Studio or one of our outside vendors, including, without limitation, attorneys' fees and costs of collection agencies. You are responsible for any taxes that you are obligated to pay or that The Studio may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and The Studio reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, The Studio may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES:
- If you purchase Digital Downloads or it was included in your contract, such download will be made available to you upon The Studio's receipt of your valid Payment Information. If you purchase Photo prints, Canvases, Albums or other physical medium Products, The Studio will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Most Products have a TEN BUSINESS DAY LEAD TIME before they will be ready to ship to you or be ready to be picked up. The Studio is not responsible for any delays in shipping. The Studio or our outside vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, The Studio will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. The Studio is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on order forms.
RETURN POLICY:
- Refunds are not available for Products that are not in a physical medium form (i.e., a digital download). To request a refund or replacement for any defective physical Product, please contact The Studio at Couture Bridal Email within 7 days of receipt. Otherwise all Products are non-refundable and all sales are final. Please do not contact your credit card company to dispute a charge before contacting us.
PRODUCT AVAILABILITY AND PRICING:
- The Studio or our outside Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.
PRODUCT DESCRIPTIONS; PRICING; ERRORS:
- The Studio strives to maintain accurate information in the online store and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other Studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. The Studio or our outside vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by The Studio is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, The Studio reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
DISCLAIMER OF WARRANTIES:
- THE FOREGOING RIGHT TO RETURN ANY DEFECTIVE ORDER WITHIN SEVEN (7) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND THE STUDIO'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE STUDIO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. {{contract.initials_box}}
ENTIRE AGREEMENT:
This document contains the entire agreement and full understanding between The Studio and CLIENTS . It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties. {{contract.initials_box}}
MISCELLANEOUS TERMS:
- Failure by The Studio to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement. - The agreement shall be governed by and construed in accordance with the laws of the State of Florida. - Any such suit shall be filed in Broward County, Florida. - No party may assign this contract without all other parties’ written permission. - If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect. - If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control. {{contract.initials_box}}
BY SIGNING THIS CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NON-REFUNDABLE NATURE OF THE RESERVATION RETAINER AND ALL OTHER PAYMENTS MADE.