1000 Words Photography
Added on -, by Reviewer8095862
Contract: Wedding Contract
Today's Date: Tuesday, May 06, 2014Main Contact: [redacted]Address: Home: [redacted] Hagerstown, MD [redacted]Phone...
Number: Home: ###-###-####Bride: [redacted]Groom: [redacted]Event: [redacted] WeddingEvent Date: Friday, May 30, 2014Coverage: Friday, May 30, 2014 - Friday, May 30, 2014Ceremony Location: [redacted] county courthouse [redacted] Frederick, MD [redacted] United StatesReception Location: [redacted] Frederick, MD [redacted] United StatesPackage Price: $1,291.90Package Description: This package includes:
Personalized website to manage all wedding photography tasks
Site visits to the ceremony and reception sites prior to the wedding day
I work closely with the couple to determine the optimal wedding coverage plan
Five hours of coverage on your wedding day
All suitable photos edited to the 1,000 Words standard
All suitable photos from your wedding delivered digitally within seven days of your wedding
Twelve prints in your choice of sizes from 2x3 to 13x19
Disc with all suitable photos mailed within seven days of event
Twenty page full color Wedding Memories book
This package is $2,500 at list price, thats a savings of $1,500!
(1) Wedding Service: - Personalized website to manage all wedding photography related tasks - Site survey of both the ceremony and reception, if at all possible - I work closely with the couple to develop a shooting plan for the wedding so no important details are missed - Up to 5 continuous hours of photography - All suitable pictures edited to the 1,000 Words release standard - All suitable pictures delivered within seven days of your wedding
(1) Full Gallery Download - Personal Use Licensing: Download all the photos from a session or event with personal use licensing
(1) 12 Prints (From 2x3 to 8x12)
(1) All Photos On Disk: All photos from your session delivered to you on disc
(1) 8.5x11 Memory Book: Twenty Page 8x10 memory book
(3) 8.5x11 Additional Memory Book: Twenty Page 8.5x11 memory book
Payment Schedule: May 6, 2014: $1,291.90
Terms and Conditions: 1. Photographer’s Responsibilities. 1,000 Words Photography (“Photographer”) hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by Client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event. Photographer shall edit, optimize, color-correct, enhance, and retouch the images taken at the Event. a. If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action. b. Photographer will be dressed in business casual attire unless other contractual arrangements are made. 2. Retainer/Payment. A non-refundable retainer (that shall be applied toward the total fee for the Services) of $500 per day reserved not including engagement sessions or your total fee if it is less than $500 is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Final payment of the balance due for the Services shall be made no less than fourteen days prior to the Event Date. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event. 3. Copyright and License. All photographs taken by at the Event, in whatever form, are copyright protected. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law. The photographs taken by Photographer are Photographer’s sole property unless licensed by Client. Photographer may use these in any and all media, now or hereafter known, including for the purpose of portfolio use (print or electronic) and advertising including on the web and or in print. Client may use purchased images for their personal entertainment but for no other use. Client has a lifetime license to use the purchased images as specified in this agreement. Client has no authority to sell these images or to use them in a product that will be sold no matter if Client receive renumeration for that image placement or not. Clients purchase of images grants Client the purchased images as stated in this agreement, Photographer is still the copyright owner. 4. Deliverables. ?Client will be able to download images and/or order prints online. A computer or tablet is required to view images and a computer is required to download and store them. Images Client has purchased will be hosted at www.[redacted]photography.com at no cost to Client for as long as Photographer is in business or until Photographer changes this policy. If Photographer changes this policy or closes its business it will provide to Client a copy of all purchased images 30 days before the closing of the business. Photographer will completely process all images from Client event within 1 week of event. Photographer will completely process all video within 3 weeks of the event. Client may share their username and password for this site with anyone they wish so that they may download photos and purchase prints at their cost. Client may also ask Photographer to change the username and password to this site once with no cost to Client. Any further changes will incur a $25 services fee per change. Client accepts that they will pay separate shipping and handling charges for deliverables that will be mailed to them. Client accepts that there is a minimum $10 charge to download an entire gallery if if the option is purchased as part of their package. 5. Expenses. This proposal covers all expenses for driving up to 100 miles in total. All other expenses will be billed to Client including:
Milage exceeding 100 miles at the rate of $.56 per mile
Driving time exceeding two hours of driving round trip at the rate of $25 per hour or portion of an hour
Travel costs for train or plane for events more than 200 miles each way
Hotel stays at the nearest Marriott property if the Event starts before 10am and is more than 100 miles away from the office. Hotel stays are required if this is the case to insure timely arrival
Meal costs of $45 per day if overnight travel is required
Photographer will provide Client with an estimate of expenses prior to the event. No deliverables will be released until all expenses have been paid. 6. Extended Sessions. Client accepts that session times start exactly as planned, Client tardiness does not change the start of the session time.Client has purchased coverage for this event from X to Y. Client may purchase additional hours of coverage at the rate of $150 per hour or portion of an hour during Event via email or text. No deliverables will be released until all additional session fees have been paid. 7. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final deliverables to the Client, unless terminated earlier as provided herein. 8. Event Scheduling and Changes. Photographer will work with Client prior to the event to make sure they understand the scheduling of the event as well as which pictures and people are most important to Client. Photographer will help Client determine the amount of time needed to get the pictures Client desires and Client will work with participants and/or coordinator to make sure that time is made available for Photographer. If Client does not provide Photographer the time needed to capture these moments Client understands that they may not get those pictures. Client is obligated to provide Photographer a schedule of the event at least thirty days prior to the event. Photographer must be notified immediately of any changes in schedule or location. Client must give all such notifications in writing. Client may change the date or time of the event once with no penalty if the change is made 72 before the event. Client must give all such notifications in writing. If the date or time of the Event changes, and notice is not 72 hours before of the event, then Photographer shall be entitled to 100% of the retainer as liquidated damages for having to reschedule the event. If the date or time of the Event changes more than once then Photographer shall be entitled to 100% of the retainer as liquidated damages for having to reschedule the event. The remainder of the payment shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages. 9. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to servicing the Event on the specified date, and shall make no other conflicting reservations for that date, and no other reservations within two hours of the beginning or end of that event. If Client cancels the Event entirely more than 14 days prior to the event, then Photographer shall be entitled to 100% of the retainer as liquidated damages and shall return all other fees paid till that point. If Client cancels the Event entirely less than 14 days prior to the event, then Photographer may keep 100% of the paid fee. If Client cancels an event that has been rescheduled then Photographer may keep 100% of the paid fee. Client is responsible for any fees due from a rescheduled event (i.e. studio rental fees) and this may effect Clients discounted pricing. 10. Proofs. A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via a password-protected online gallery within 7 days following the Event. Proofs may include artistic enhancements or touch-ups added to the images in Photographer’s sole discretion. All proofs will be delivered to the same professional and artistic standards as used on in Photographer's online portfolio. a. Client agrees to allow Photographer to notify Event guests of the online gallery by providing a hyperlink and appropriate logon and event identification information. 11. Delivery Date. The Image Deliverables shall be delivered no later than 7 days from the date of final Client event. The Video Deliverables shall be delivered no later than 21 days after the event. 12. Memory Books and Album. Albums are purchased at a time and materials cost, any price given for an album is an estimate of the time to produce and the materials involved. Memory books are costed with 3 iterations of work a first draft, a corrective draft and a final draft. All drafts beyond the third draft will incur an additional expense of $100 per draft. 13. Engagement Session. Engagement sessions are offered as a gift with sessions exceeding a value of $999. If an engagement sessions is offered it will not exceed an hour in length and includes one free picture. Engagement sessions must occur at least 30 days prior to the wedding. Engagement sessions can not be exchanged for other goods and services for any reason. 14. Print Packages. Print packages are sold based on the number of prints Client is provided. Each sheet must be chosen from the following sizes:
2x3 (includes 4 of the same 2x3 photo on each prints)
11x14 (11x14 selection counts as two prints)
13x19 (13x19 selection counts as three prints)
Client will be charged a shipping fee of $15.00 for all print packages separate from the fee for the package. 15. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 30days following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement. 16. Force Majeure. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate. 17. Jurisdiction. The state and federal courts serving Loudon County, Virginia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts. 18. Attorney’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party. 19. Assignment. This Agreement may not be assigned. 20. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product. 21. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES. 22. Event Meals If Event is duration is 4 hours or longer Client shall arrange with the caterer for meals to be provided to Photographer and any assistant(s). Photographer shall be allowed to take a meal break at a reasonable time during the Event (e.g. when guests are eating). 23. Choice of Law. This Agreement shall be governed by the laws of the State of Virginia, notwithstanding its conflicts of laws provisions. 24. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto. 25. Client Liability. Client is solely responsible for damage caused by reckless or careless behavior of participants at Event. Client will be billed for repair and/or replacement costs that occur from such damage. No deliverables will be released until all additional session fees have been paid. 26. Late Payment Penalty. This proposal is priced anticipating payment in full 14 days before photography services are delivered. Late payment will result in a late fee of 20% of the original proposal price. 27. Competency. I represent that I am at least 18 years of age, have read and understand the foregoing statement, and am competent to execute this agreement.
This contract was signed on
May 6, 2014 by [redacted] at 9:00 PM.
May 6, 2014 by [redacted] at 9:08 PM.