This document comprises the entire agreement and understanding between the [client name(s)] (“Clients”) and JWadePhotoStudio LLC (“Photographer”). This agreement supersedes all prior and contemporaneous agreements between Clients and Photographer. This agreement may only be amended in writing when signed by Clients and Photographer.
DATE RESERVATION
This completed, signed agreement and payment of the booking fee are required before Photographer will reserve the date and time requested for Client. No date and time is reserved until the contract is signed by Clients and Photographer and Photographer has received the booking fee.
BOOKING FEE
A booking fee of 1/3 of the cost of the chosen package is required. The booking fee will be applied to the total package cost. The booking fee must be received within five (5) days of this agreement being signed by Clients and Photographer. Failure to receive the booking fee within five (5) days will render this contract null and void. The booking fee is non-refundable, except as noted below.
FINAL PAYMENT
The remaining 2/3 of the cost of the chosen package is due to Photographer prior to delivery of photographs. Failure to receive the final payment will result in photographs not being provided to Client. The final payment is non-refundable, except as noted below.
CANCELLATION
All cancellations by Client must be communicated to Photographer in writing. In the event of a cancellation prior to fourteen (14) days of the scheduled event, the Photographer will hold the booking fee for six (6) months from the cancellation date to be transferred to a new session date, subject to Photographer’s availability. Client understands that a new date may not be available. Currently scheduled sessions will be prioritized over rescheduled sessions. If the new session date is more than six (6) months from the cancellation date, the Client agrees that a new booking fee must be paid to secure the rescheduled session date, and Photographer will not refund or transfer the original booking fee.
In the event of a cancellation within fourteen (14) days of the event date, the booking fee will not be transferred to a rescheduled session date.
CONSULTATION
Photographer will provide one (1) consultations to Clients to outline requirements, verify session details and timelines, and discuss other relevant details. These consultations may occur in any format (phone, web conference, email, or in-person) that is convenient for both Photographer and Client. Clients may provide Photographer a list of desired photographs but is not guaranteed that all photographs on the list will be taken or delivered.
VENUE RULES
Photographer will follow all rules provided by venue. If the rules of the venue conflict with the desires of the Clients, the venue rules will take precedence. Clients should familiarize themselves with the rules prior to consultations and the event. All venue fees, including permits and other location fees, are the responsibility of the Client.
FAILURE TO PERFORM
Photographer shall not be held responsible for requested photographs not taken, interference or missed photographs from weather conditions or complications caused by, but not limited to, anyone in attendance at the venue, equipment malfunctions, or any other interfering cause.
FORCE MAJEURE
If Photographer cannot perform according to this agreement due to fire, casualty, civil disturbance, act of God, illness, or any other event not caused by, or in the control of, the Photographer, the Photographer shall return all fees paid to Client and retains no further responsibility to Client. In the event that photographic material is damaged or lost without the fault of the Photographer, the same applies.
LIABILITY
The Photographer is not responsible for any injuries inflicted upon any participating parties. Clients release Photographer from any and all claims against their person or business.
Proof of liability insurance can be provided to Clients or venues, upon request.
PHOTOGRAPH DELIVERY
Clients will allow Photographer 2-4 weeks to deliver photographs after the session date. Photographs shall be delivered via an online service and gallery.
COPYRIGHTS
All photographs produced by Photographer for Clients are protected by copyright. It is a violation of federal copyright law to copy, scan, or allow photographs to be reprinted, duplicated, reproduced, copied, scanned, or altered without Photographer’s express written permission. Clients may print their personal wedding photographs for person use without the written consent of Photographer. The negatives and/or files are the sole property of Photographer. Photographs will not be sold or given to anyone other than Clients.
Clients retain a limited, perpetual license to the session images. Clients may display, print, upload, email, and publish the images on personal or social media sites. The Clients may not sell, apply for copyright registration, make a derivative work, or modify or edit the files and/or photographs.
MODEL RELEASE
Photographer retains the right to use session photographs for professional purposes, including samples, displays, social media, advertising, and any other purpose.
APPLICABLE LAWS
The laws of the state of Missouri shall govern this agreement.
SEVERABILITY
If one or more of the provisions contained in this agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Clients agree, by signing, that they have read and agree to all terms incorporated within this agreement. Clients agree that all information is, to the best of their knowledge, accurate.