This Agreement is made between Lauren Kennedy Photographer, herinafter referred to as “the Photographer” and you, hereinafter referred to as “The Client” relating to the event(s) detailed below, hereinafter referred to as “The Event(s) once you tick the appropriate box on the client questionnaire.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the Event(s). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client.
SAFETY: The Photographer reserves to right to terminate coverage and leave the location of the Event(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Event(s); or in the event that the safety of the Photographer is in question.
SHOOTING TIME / ADDITIONS: The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the Event(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client at the rate of $200.00 an hour.
RESPONSIBILITIES: The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the Event(s). The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the Event(s).
VENUE AND LOCATION LIMITATIONS: The Photographer is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
PERMITS: The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
FILM and COPYRIGHTS: The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s explicitly written permission. If the Client has purchased an “Image DVD or USB” from the Photographer, upon final payment by the Client, limited copyright ownership of the resulting images will be transferred to the Client. If the Client has purchased an “Image DVD or USB” from the Photographer, the Photographer grants the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer. The Client must obtain written permission from the Photographer prior to publishing or selling the photographs.
LIMIT OF LIABILITY: In the unlikely event that the Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will return of all payments (less the initial holding deposit) received for the Event(S) if an agreed rescheduling cannot be reached.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographers liability is limited to the return of all payments received for the Event(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Photographer. The Client agrees they are hiring the Photographer for her artistic vision and accepts decisions in regards to depth of field, exposure, colour correction, tilt or any other subjective aspect of the work created. Accordingly, the Client acknowledge that the photos will not be subject to rejection or unreasonable edits on the basis of taste or aesthetic criteria. The Photographer does not provide any unedited images to the Clients as it does not represent the quality the Photographer strives for. The Photographer takes pride in the edited images, and images will not be delivered if they do not meet The Photographer’s quality standards. Whilst the Photographer’s editing style is quite complimentary, please note below what defines the Photographer’s edited images. The Photographer’s edited images include colour correction, colour enhancements, exposure correction, shadow and highlight recover, lens correction and a little artistic flare. The Photographer’s edited images do not include retouched or photoshopped images. This is a service that does not form part of the Photographer’s usual edited process. Retouching/photoshopping images can be an art form in itself and can require extensive skilled work. The Photographer can however lead you in the right direction and offer guidance on the best place to source this. Please note the Photographer may retouch photos within a collection. This is at the Photographer’s own discretion whilst editing, and usually does not extend beyond a handful of images e.g the Photographer will fix a large pimple, or smooth the skin on what she thinks to be “the money shot”. For photoshopping/retouching please get in touch with the Photographer for her services and/ or to outsource a quote.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
PAYMENT SCHEDULE: A deposit amount specified by the Photographer is payable at the time of booking and the balance is payable in full prior to or the day of the Event(s). In the event the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the Event(s).
PRICING: The quote issued to the Client will be deemed as accepted by the client once this agreement has been signed. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer.
MODEL RELEASE: The Client hereby grants The Photographer the irrevocable and unrestricted right to use and publish photographs of The Client or in which The Client may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the photographic industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, social networking media, photographic contests, public displays, photography books, wedding blogs, studio display, sample album/photobooks, and any other use thought proper by The Photographer and considered standard by the wedding industry.
*Please print a copy of this agreement for your records.