AMANDA ALLPHIN PHOTOGRAPHY
GENERAL WEDDING SERVICE CONTRACT
TERMS AND CONDITIONS
This is a legally binding contract for photography services to be provided by AAP and/or individuals subcontracted to do work under AAP. You agree to the following terms and conditions:
There will be a minimum of 50 images delivered per hour shot. All delivered images will be in High Resolution JPG (Best for general imaging. High resolution is defined as images sizes suitable for enlargements up to 16”x20”) RAW images will not be delivered unless otherwise discussed.
Method of Delivery: Within 3 MONTHS the minimum number of images as set forth, via USB through USPS or through Google Drive. Due to the lack of information about how long USB drives can hold information, AMANDA ALLPHIN PHOTOGRAPHY, or as will further referred to as acronym AAP, recommends you back up your images on another media format other than USB. AAP also recommends making multiple copies of your USB every year to insure the images for years to come. AAP can not be held responsible for the failure of USB due to mishandling. It is the client’s responsibility to keep several copies of any USB in more than one location, and back the images up on another format such as a hard drive. All images will be stored by AAP for 1 year. Any additional USB copies than originally provided will be at an extra fee..
TIME OVERAGES & EXPENSE REIMBURSEMENTS
If more than the minimum time allotment is requested by the client in advance, or on the day of the event, AAP will charge an additional rate per hour as previously discussed. This amount will be added to the aforementioned service price. This hourly amount will be broken down by 1 hour increments and rounded up. The client agrees to reimburse AAP for all reasonable expenses relating directly to the event itself. For example, parking fees, destination travel fees, accommodations, etc. AAP will bill the client after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and AAP agrees to supply expense receipts if so requested.
PAYMENT & DEPOSIT
Payment must be paid in full 1 week prior to the wedding date unless other written arrangements have been made. If you request payment after the wedding date, you will have three months to pay the balance in full. You will not receive your images until payment has been collected. Forms of accepted payment: Cash App, PayPal to email@example.com under friends and family payment, Check to Amanda Bianchet or cash. Invoices will be provided for your documentation. A $500 non-refundable retainer is required to hold your wedding date. You have 24 hours to request a return of this, but there is no guarantee. If AAP needs to cancel at any point, you will receive this amount back. A retainer fee is required to hold the date of your event. No date is reserved until a retainer is received. The balance of the complete package price must be paid 1 week prior to the wedding. If final payment is not received as set forth herein, AAP reserves the right to withhold delivery of the images and/or not attend the wedding until payment is received.
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by AAP in the event that enforcement of this contract becomes necessary. Images will not be released until all funds have cleared. Any legal action needed shall take place in California.
CHANGE OF DATE OR VENUE
AAP must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by written notice sent via email or text message for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify AMANDA. If the venue or location has changed outside of a 20 mile radius to what is previously accounted for, additional time overages or fees may incur. If your wedding is moved out of state or country after contract signing, AAP is able to null this contract without the release of the retainer deposit.
There shall be NO refund of retainer after 24 hours from the signing of agreement due to the reservation of the photography date. Any other arrangements shall be discussed between the client and AAP. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform AAP.
SECOND SHOOTER/ VIDEOGRAPHER
The client may opt to allow me to bring my sub-contracted second shooter/ videographer for their event upon their desire for additional coverage. The client is accountable for additional fees of this request. This may be added on to any prior contract signing. This individual would be subcontracted under AAP. However, if the client(s) agree to allow a second shooter to be present on their own terms, compensation for any assistants will be the responsibility of the client. The second shooter/ videographer must remain out of my camera range and must not impede or interfere with key shots throughout the day.
AAP shall be the exclusive photographer(s) retained by the client for the purpose of photographing the event. Family and friends of the clients and other vendors shall not interfere with the photographer’s duties. Guests may be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images
AAP cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments and wedding rings.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, AAP cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the event location or location restrictions. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event client, the second photographer/assistant, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to AAP will be used for organizational purposes only and in no way represents photography that will actually be produced. AAP will do its best to fulfill all requests but can make no guarantees all requested images will be delivered. Clients are responsible for all location fees and permits for both first and second photographer (if present).
UNFORESEEN CIRCUMSTANCES CLAUSE
If AAP or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties,such as car accident, medical emergency or due to the photographers illness, then AAP shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, stolen camera or sd equipment, lost in the mail, or otherwise lost or damaged without the fault on the part of AAP.
In the event of illness or sudden event out of the control of both parties, AAP will attempt to substitute a photographer. This contract will be transferable to said photographer. All paid expense including non refundable deposit will be refunded to the client if AAP can no longer perform the former contract. I have up to 3 days prior to event to cancel the contract in its entirety and 24 hours prior to event to notify you If I need to cancel this event out of illness or something out of my personal control.
COPYRIGHT, CREATIVE LICENSE & PERMISSIONS
Permission is hereby granted to AAP to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of California shall govern this agreement. Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. AAP agrees to grant image rights to the client with a non-exclusive, limited, perpetual license. This license allows the wedding couple to do the following with the images:
i) display the images; ii) print the images; iii) make “derivative works” of the images or otherwise modify; iv) edit or manipulate the electronic files; v) provide copies the electronic files or the printed images for family and friends without financial gain; vi) upload, email, or electronically transfer the images or files; and, vii) publish the images on personal websites or social media websites with proper acknowledgments to AAP..
THIS LICENSE WILL PROHIBIT CLIENTS FROM THE FOLLOWING:
REFERENCING OR CREDITING WITHOUT PERMISSION WRITTEN OR ORALLY, THAT AAP PRODUCED THE IMAGE/S.
PROVIDING THESE IMAGES FOR ANY VENDORS OR VENUES TO BE PUBLISHED WITHOUT THEM SPEAKING TO AND RECEIVING PERMISSIONS FROM AAP. NOT ALL REQUESTS WILL BE GRANTED. SOME IMAGES MAY BE AVAILABLE FOR PURCHASE.
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY AAP
THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND UNDERSTAND THIS AGREEMENT’S CONTENTS.