This Agreement is made effective for all purposes in all respects by and between Gabrielle Furlin (hereinafter referred to as the “Photographer”) and those listed below (hereinafter and collectively referred to as the “Client”) relating to the event detailed below (hereinafter referred to as the “Event”).
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. The laws of the State of Wisconsin shall govern this Agreement.
A signed contract and $300.00 deposit are required to reserve the dates and times of the Event. The $300.00 deposit will be deducted from the final payment price. If the Event is rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the deposit is non-refundable and shall be liquidated damages to the Photographer. The Photographer is not required to attend additional meetings or rehearsal dinners before the Event.
Detailed below is the coverage and services the Client has requested for the Event covered by this Agreement.
Wedding Day Photography - 8 Hours ($1,000.00)
The agreed upon price for the services listed above is $1,000.00 and includes 8 hours of photography at the Event.
A non refundable deposit in the amount of $300.00 is due at the time of signing the Agreement. The remaining balance ($700.00) is due in full on 9/28/2019, one week prior to the day of the Event. 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.
The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the Event. Guests, family, and friends of the Client shall be permitted to photograph as long as they shall not interfere with the Photographer’s duties.
Expenses and Meals
When applicable, the Client is responsible for all travel, accommodation, meal, and transport costs. The Client agrees to provide a meal for the Photographer at the Event reception as well as adequate time for the meal (i.e. during the regular meal). Travel expenses are based on the distance between the Event location and the Photographer’s address (4736 79th St. Kenosha, WI). 2o miles of round trip travel are included. All miles in excess of 20 miles round trip are charged at $0.50 per mile. This fee will be added to the final invoice.
The Client agrees to confirm the schedule one week prior to the Event. Notifications of any changes in the schedule or location must be made in a timely manner.
The Photographer reserves the right to terminate coverage and leave the location of the Event if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Event; 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, shooting will continue to commence at the scheduled start time and end at the scheduled end time.
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obstructive 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. The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the Event. The Photographer is not responsible for the schedule and/or last minute planning of the Event. To ensure the Client receives the best services and product from the Photographer, please do not ask the Photographer to take on additional duties not related to photography.
disruptive Wedding Guests
Guests will have digital cameras and will want to photograph the Client. In the spirit of cheerful cooperation the Client agrees to give the Photographer precedence over the guests in order to take the photographs required for the wedding services described above. The Photographer cannot be held liable for a lack of wedding photos if guests taking their own photos of the Client continually interrupt the Photographer’s work.
Venue and location limitations
There may be rules imposed by registrars, ministers, and venue management as to what can and cannot be done in regards to photography. This may include but not limited to, the use of flash, the locations in which the photographer can stand, and any other constrictions and/or limitations. In such circumstances the Client agrees to accept the technical limitations that my be imposed on the Photographer. It is advised that the Client make themselves aware of the rules of the venue concerned and if necessary, negotiate with the personnel concerned. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
The Client is responsible for acquiring all permits and necessary permission for all locations at which the Photographer will be performing services.
Copyrights and reproduction
The copyrights of the photographs remain with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Client and their friends and relatives. Sale, publication, or any commercial use of the photographs is not allowed without prior written permission from the Photographer. The Photographer reserves the right to use the images for advertising, display, publication or other purposes, not restricted to use on the web including Facebook and Instagram.
The Client grants the Photographer consent to use the photographs of the Client’s Event in all forms and media for advertising, portfolio, demo, stock photography, and all other lawful purposes. This includes photos of themselves, guests, and family members. The Client understands that they are not entitled to compensation.
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 make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Event.
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 Photographer’s liability is limited to the return of all payments received for the Event. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package. The Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely.
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. Original photographs are not included, only edits. The Client will receive photos on a USB drive with print release for personal use. Images may be used for printing and may be shared on the Internet (social media, email). The Client understands that when publishing photos on websites, The Client will not edit the photos in any way (cropping, filters).
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. Completion of processing may take up to eight to twelve weeks for delivery.
I have read and agree to the terms of this agreement
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. By submitting your electronic signature below, you are providing the legal equivalent of your manual signature on this Agreement. If you prefer to provide a manual signature, please print the Agreement, sign and date on the line below (Bride & Groom), and return to the Photographer.