Retainer and Payment. Client shall pay a retainer equal to $350 plus tax 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 thirty (30) days prior to the Event. If the final balance is not paid within thirty (30) days prior to the Event, Photographer will not make any images available for viewing until the balance is paid in full, and reserves the right to enforce the terms of this Contract against the Client for purpose of obtaining payment.
Cancellation or Postponement. If Client should cancel the event for any reason, the retainer will not be refunded. To cancel this Contract Client must notify Photographer in writing. If Client wishes to postpone or otherwise change the Event date, Client must first submit a written release to Photographer bearing the original contracted date, which will void this Contract. Thereafter, if the Photographer is available for the desired new date, Photographer and Client will execute a new contract, and all monies paid will transfer to the new date. The new date must be within six (6) months of the original date or the new contract will be subject to Photographer’s then current rates. If the Photographer is unavailable on the new date, the Contract will be cancelled and the retainer will not be refunded.
Copyright and Reproductions. Photographer owns the copyright for all images created at the Event and has the exclusive right to make reproductions. Photographer will 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, or any other advertising and business needs the Photographer deems necessary or appropriate. 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. Client understands they are not entitled to any compensation, or other consideration, for Photographer’s use of Event images.
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 Client purchases or is otherwise granted access & usage rights to the 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.
Client Usage. Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Photographer.
Model Release: Completion of this contract allows permissions to The Potter's Hand Photography to use client(s) photos and likenesses in all forms and media for advertising, portfolio, competition, demo, trade, stock photography, editorial, altering without restrictions, and all other lawful purposes. Client(s) understands he/she is entitled to no compensation. Client(s) release the photographer of all forms of claims and liability related to photo usage. Client(s) is over 18 years of age and fully understands the terms of this release and authorize it to be used. Client(s) consent to having images used by The Potter's Hand Photography in the manner outlined above.
Release of Digital Negatives. Photographer will release the high-resolution files (digital negatives) from the Event and other pre-wedding events (i.e. Rehearsal Dinner Coverage, Engagement Session) to Client within 45 days of the event.
These files will be delivered via data DVD, a USB thumb drive, or by an online digital download. By releasing the digital negatives, Photographer authorizes the Client to use the images received for their own personal use, including printing of the images at a lab of Client’s choosing, sharing on social networking sites (i.e. Facebook, Instagram, Twitter). The digital negatives will be of the same quality as the images that are presented to the client online. 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. No images may not be sold or published without the prior written consent of Photographer. Photographer will retain the copyright of the images as well as the exclusive rights detailed above under “Copyright and Reproductions.” Requests for additional and/or replacement copies of these files may be purchased and are subject to Photographer’s then current rates for replacement copies.
Failure to Perform. If Photographer, its employees, contractors, officers or other assigns, cannot perform the services outlined in this Contract due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, the Photographer will return all monies paid, including the retainer, and will have no further liability with respect to this Contract. This limitation of liability will 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.
Client and Photographer both assume the risks and dangers of Photographer’s travel and in 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. 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.
Exclusive Photographer. Photographer shall be the exclusive photographer retained by Client for the purpose of photographing the Event. Family and friends will be permitted to photograph the Event 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. Client, by agreeing to this Contract, permits Photographer to request family and friends to not interfere with said process, where such a request is necessary to ensure the contracted services between Photographer and Client can be completed.
By signing this Contract, Client understands and agrees that Photographer is the exclusive official photographer retained to perform the photographic services outlined in this Contract.
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 in good faith attempt to retain 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.
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.
Standard Price List. The charges in this Contract are based on Photographer’s standard price list. This price list is reasonably adjusted periodically and any future orders or additions to this Contract will be charged at the prices in effect at the time the order is placed or change requested.
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 Photographer’s current retouching rates.
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 Photographer’s control. Client agrees to hold Photographer harmless for the impact such guidelines or rules may have on the resulting photographs. To the extent possible, Client will inform Photographer of any such restrictions in advance of the Event.
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.
Artistic License. Photographer is 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.
Event Food Service. Client must provide a meal for Photographer and their team, including assistants, for events 6 hours or longer. If Client provides no meal, Client understands Photographer will leave the event to purchase a meal.
Shipping and Handling. Shipping and handling charges will be billed to Client if Client is unable to pick up proofs, prints, albums, digital negatives, etc. at Photographer’s studio.
- Photographer maintains business liability insurance to protect Client from claims by the property owner for accidental damage Photographer and staff may cause. Certification of insurance is available upon request. Venue requests to be listed as an additional insured on Photographer's insurance policy must be made at least 30 days prior to the Event.
Parking Fees. Client is responsible for any parking fees incurred by Photographer and/or Photographer’s team. Photographer will add any such fees incurred to a final invoice sent to Client.
Additions and Subtractions. Photographer and Client agree that Client has the option of making additions or subtractions to the list of ordered products and services, listed above under “Products and Services” which may change the total balance. Any such additions or subtractions to the product list shall be made at least 90 days prior to the Event. Unless Photographer demonstrates a material effect to the addition or subtraction of products, the only charge will be the actual retail cost of the product. There will be no penalty for making a change.
Attorney's Fees. Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the party prevailing in such litigation shall be entitled, to a reasonable sum as and for his attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
Waiver. No waiver of any default by any party or parties to this Contract shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.
Article Headings. All article headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or any of the provisions thereof.
- If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
Governing Law. This Contract shall be governed by and interpreted under the laws of the state of Louisiana.
Sole and Only Agreement. This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.
- This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven days of execution.
Assignment; Successors and Assigns. Client agrees that he will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that he has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.