WEDDING PHOTO CONTRACT

AGREEMENT:

The agreement constitutes an order for wedding or event portraiture services, including the taking of wedding photos as agreed to by both parties: Rachel Waters  (The Photographer) and contacting party (The Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, digital images, negatives, thereof shall remain property of The Photographer and may be used for advertising, display, or any other purpose thought proper by Rachel Waters. By signing this agreement, Client is giving The Photographer permission to publish any photo whether online or in print for any reason she sees fit.

This agreement constitutes the entire agreement between parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject matter.  Each party acknowledges that in entering this agreement is has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty other than expressly set out in this agreement.

SUMMARY of the CONTRACT:
The Photographer is hired for providing for the Client a photographic service and products as detailed below.  The Client undertakes to engage the Photographer for this coverage for the prices as detailed below.

WHAT’S INCLUDED:
- Photographer’s time and talent, including a pre-event consultation that may be made via email, phone, skype, if meeting face-to-face will not work.
- Photography coverage by the Photographer (and second shooter/assistant if applicable).
- Photographer’s expertise and time to cull, re-touch, and edit digital files.
- A collection of edited, high-resolution images, delivered via digital download in a private online gallery.
- Permission to print and share images online with credit.
- A Printing release.
- A 30% off code for prints and products.
- Unlimited consulting during my business hours.
- Any additional sessions, add-ons, prints or products that are purchased with a collection or separately, if applicable.

WHAT HAPPENS NEXT:

- The Photographer will receive a $1000 non-refundable retainer paid by The Client or responsible person to reserve the Client’s date.  The date is not reserved until the retainer is paid in full. The Photographer will hold your date for 48 hours once the contract has been sent over.  After that, the date is available to whoever books first.

- The Photographer and Client will schedule any needed engagement, bridal, lifestyle, or boudoir sessions, and will make those happen.

- 50% of the remaining balance is due half-way between the time of booking and the final due date. The final remaining balance is due thirty (30) days before the event or wedding. Payment plans may be set up.

- The Photographer will cover your wedding or event with her skills, equipment, and, if hired, her trusty assistant/second photographer.

- Within eight to ten (8-10) weeks of your wedding, your photos will be delivered.

- The Photographer will keep your images for two months online after the gallery is delivered.  After two months there will be a $300 fee to retrieve them for any reason.  Please back up your photos onto a flashdrive, external hard-drive, or online cloud storage.

RETAINER:

The retainer holds your date and is non-refundable should the Client no longer require the Photographer’s services.  In the case of a cancellation of your event and in the case that The Photographer can re-book the original date, your retainer will be refunded by 50%.  

BALANCE:

The full balance of wedding or event coverage, any additional items, mileage, travel fees, or miscellany is due thirty (30) days before the event date and is payable by cash, personal checks made to Rachel Waters, and major credit cards.  Any expenses such as tolls, additional travel fees, etc that were not covered in the original final balance will be billed to the Client.

ADDITIONAL FEES:

A $50 fee will be charged for any returned checks. |  If the client fails or refuses payment or delivery by terms, the Photographer shall charge the Client a service fee of $300 per month.  | In the case of a cancellation, there will be no refunds given. | In the case of a cancellation thirty (30) days of less prior to the event, a $300 cancellation fee will be in effect.  | Should the Client decide that he or she no longer need the Photographer’s services, liquidated damages shall be charged at the amount of the retainer and any additional amount paid from the remaining balance.  | Requests for changes to the final delivered images will be subject to an editing surcharge of $25/image. | Any additional hours in which the Photographer and assistant photograph at the event will subject to $500 per hour.  | For any miles travelled outside of the Oklahoma City Metro area, a standard fee of $0.55 per mile will be charged. 

DESTINATION WEDDING FEES:
If travel is required for the Photographer, the Client is responsible for all travel, accommodations, meals, and transportation expenses. The Photographer will place The Client’s credit card on file for such fees. The Photographer will book her own accommodations, but will do everything to keep costs down.  The Photographer will not book anything on The Client’s credit card without getting permission from The Client first.  If The Client is booking a second photographer, The Client must pay for additional flights. If an event ends later than 10pm and the Photographer and her assistant are more than sixty (60) miles away from their home OR if the event is more than 120 miles from home, the Photographer reserves the right to book a hotel room. In this case, the Client will reimburse the Photographer for any expenses paid out of the Photographer’s pocket.  In most cases, the Photographer is more than happy to stay in the hotel where the Client has reserved rooms for out-of-town guests.

FAILURE to PERFORM and LIMITATION or LIABILITY:
Should the Photographer have an emergency and is no longer able to provide her services due to a fire or other casualty, strike, act of God or terror, illness, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement Photographer or associate shooter.  If Rachel Waters is still able to process and edit the images, she will do that. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received towards the event and nothing more. Under no circumstances can the Client hold liable the Photographer for anything more than the total of payments received.

This limitation also applies in the event that the photographic materials and/or equipment are damaged, lost in processing or camera malfunction, lost in the mail, or otherwise lost, stolen, or damaged without fault on the Photographer.  In the unlikely event of a total photographic failure or cancellation of this contract by either party of in any other circumstances, the liability of one party to the other shall be limited to the total value of the signed contract. Neither party shall be liable for indirect or consequential loss.

CAPTURE and DELIVERY:

The Photographer is not liable to deliver every image taken at the event.  Not every person present at the event is guaranteed to be photographed.  The Photographer will put every effort into capturing each scheduled moment such as the first kiss, bouquet toss, cake cutting, etc, but delivery of photos is not guaranteed due to unforeseen circumstances, changes in lighting, scenery, or sudden movement.  The determination of images delivered to the Client is left to the discretion of the Photographer. The Photographer will not deliver RAW images, but will deliver unedited JPEGS if The Client chooses to purchase them at an additional cost. Most clients can expect anywhere from 40-90 photos delivered per hour of shooting time, though that number is not guaranteed.

POST PRODUCTION and EDITING:

The final post production and editing styles, effects, and overall look of the images are left to the discretion of Rachel Waters.  The Client(s) give artistic licensing to The Photographer.. Rachel will edit images as she sees fit. Under no circumstances can Clients or anyone from their party alter, edit, add filters, or crop any images taken by Rachel Waters.

EXCLUSIVE PHOTOGRAPHER:

Rachel Waters shall be the exclusive photographer retained by the Client for the purpose of photographing the event.  Guests, family, friends of the Client can photograph as long as they do not interfere or get in the way of the Photographer’s duties.  If there is interference by a guest, family member, or friend of the Client’s, it is not the Photographer’s fault for any missed shots.  If repeated interference occurs, the Photographer has the right to pack up and leave without taking any more photos. It is the Client’s responsibility to inform guests of this.
In cases where guests are blocking shots, standing directly in the Photographer’s personal proximity, leaning into the aisle, or otherwise disrupting the flow of the Photographer’s work, the Photographer, if able, will kindly ask them to cease.
It is highly recommended by The Photographer for Clients to consider an “Unplugged Ceremony” where cell phones, iPads, and other cameras are not allowed-the perfect way for all your guests to be completely present.

Under no circumstances can a guest, family member, or friend use any images that they take for any facebook photography business pages, websites, portfolios, etc.  Doing so is a breach in this contract and the person responsible for using images for business or profit will be addressed.

COPYRIGHT:

To manipulate, duplicate, edit, crop, or otherwise alter any images taken by Rachel Waters is a breach in copyright laws and must not be done.  No images may be used in contests or sold for profit without permission from the Photographer. If sold for profit, the Photographer must be compensated.  Photographs taken by The Photographer may be used for purposes of display, advertising, portfolio, website, or any publication to promote business. The entire copyright in the photographs is retained by the Photographer at all times throughout the world.  Where a disc, flash drive, or digital download gallery has been presented to the Client(s) as part of the event/wedding collection, these photographs may be printed and/or displayed online, for personal but not commercial use. The Photographer retains the right in all cases to use in any manner.

MODEL RELEASE:

The Client hereby assigns Rachel Waters the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, or editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter the same restriction; and to copyright the same without restriction.  The Client releases all claim to profits that may arise from the use of images.

USE of IMAGES and CREDIT:
At no time shall any images by uploaded online or on social media (Facebook, Twitter, Tumblr, Instagram, Blogs, etc) without proper credit accompanying each image.  No filters or editing may be applied to photos taken by the Photographer, as that is a beach in this contract. Any photos uploaded online without proper credit will be taken down until proper credit is received. 
Proper credit would be: “© www.rachelwaters.co” or “© Rachel Waters.”  If any photos are uploaded online in any manner, a link to the Rachel Waters’ website, (www.rachelwaters.co) must be present.  In the event that photos are uploaded onto Facebook or Instagram, my Facebook page (www.facebook.com/rachelwaters) or Instagram name (@rachelwaters.co) must be credited.

RESPECT of the PHOTOGRAPHER:

If the event lasts more than four (4) hours, the Photographer and her assistant expect to be fed.  The Photographer would prefer to eat when everyone else is eating, where everyone else is eating, and what everyone else is eating.  If you are serving a buffet, The Photographer would prefer to be able to go through immediately after the wedding party/family, so I can stuff my face and get on with it instead of standing in line for an hour.  A well-fed photographer is a happy photographer. If the Photographer and assistant are not fed, they will present receipts to the Client to be reimbursed for any refreshments needed.  In the event that the Photographer and her assistant leave the venue in order to get a meal, they will not be held responsible for any photos or shots missed. If the event continues to last longer than the parties agreed on or if the Photographer feels as though she is getting repeated shots, the Photographer will consult the Client and may leave accordingly.  

Should there be any interference by guests regarding personal space, equipment, unnecessary use of language, harassment of any kind, etc, the Photographer will talk to the Client or person in charge.  If repeated harassment persists, The Photographer will leave. Should The Photographer feel unsafe at any point, immediate action will be taken, and The Photographer will leave.

HOUSE RULES:

The Photographer and her assistant are limited by the guidelines of the ceremony official or reception cite management.  The Client agrees to accept the technical results of the imposition of the Photographer. Negotiation with the officials for moderation of the guidelines is the Client’s responsibility.  If there are any fees or extra expenses for renting specialty equipment to photograph in certain venues, they are the responsibility of the Client and arrangements will be made prior to the event to get any fees taken care of.

ARTISTIC LICENSING:

The Photographer reserves the right to artistically interpret what she sees fit.  By signing this, the Client is giving the Photographer creative licensing to shoot, edit, compose, and re-touch how she sees fit.  

In the case of the Client giving the Photographer a detailed shot list, the Photographer does not guarantee the capturing or delivering of every image on the list, as checklists inhibit the creative expertise of the Photographer and stifle the innovation and artistic flow of the Photographer.

Upon reviewing samples of the Photographer’s work and by meeting with the Photographer or communicating through other means, the Client has to decided to invest in the Photographer’s services and skills, recognizing that Rachel Waters will be responsible for how the final product looks.  If you do not like The Photographer’s editing or shooting style, then do not book her.

REALISTIC EXPECTATIONS and DAY OF COORDINATION:

There is no way to know what photos will be produced from the endeavor simply because this is an event in the future and will be unstaged.  There is no guarantee, either expressed or implied, in regard to the quality or number of images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer.  The Photographer does not guarantee that everyone involved or present at the event will be photographed or included in the final images. It is helpful to appoint a “photo coordinator” to gather family, friends, or guests of importance for formal portraits.
It is also recommended that The Client have realistic expectations in regards to the final photo products.  If The Client wants “light and airy” getting ready images, but gets dressed in a cluttered, poorly lit barn, then the “light and airy” getting photos won’t happen.  If The Client wants sunset/golden light photos, but the day is rainy or the timeline got out of control and portraits weren’t done until after the sun went down, then the golden light photos aren’t going to happen.  It is recommended that The Client and The Photographer talk about a timeline that will suit everyone so that the chances of missed photos or time is lessened.
It is highly, highly recommended that The Client hire a day-of coordinator to keep the timeline on check. Wedding days run so much smoother with one person (who isn’t the one getting married or too emotionally-attached) help keep things organized.

The Client is aware that color dyes in photography may fade or discolor over time due to inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to those inherent qualities.  It is recommended to print and order products through Rachel Waters and is recommended to store any photos in albums or in cool, dry, shaded areas. The Client is aware that digital files any be corrupted due to media deficiencies and random interference and will not hold the Photographer responsible under any circumstances.

COLLECTION PRICING:

Any Rachel Waters wedding or elopement collection is determined by The Client.  Sales tax is not included, nor are any travel fees. They will be added on accordingly.  The Client is legally bound to pay the full amount by the terms set forth.  Any neglect to pay the full amount will be subject to additional fees by terms set forth.

After the signing and submitting of this contract, an invoice detailing the balance, collection type, travel fees, and any extras will be emailed to the Client.  It is up to the Client and the Photographer to work out a payment plan, if necessary, and is up to the Client to inform the Photographer when he/she wants to pay, should the arrangement alter from this contract.

CLIENT’S SIGNATURE and DETAILS:

An electronic signature or typed full name will be sufficient as the legally binding signature.  Any information the Client and the Photographer exchange electronically in regards to the contract will be sufficient as the legal information as well.

Any changed details must be agreed upon by the Photographer and the Client.  It is the Client’s responsibility to let the Photographer know about any changes in time, location, etc.