Great Wedding photographers contract for all photographers
This is a great wedding photographers contract thanks to Dustin Finkelstein here in Austin Texas. He is a fantastic wedding photographer. He shared this which is pretty bulletproof. I am shooting a wedding in a few weeks, which I do not normally do and Dustin is helping me re-hone those wedding photo skills. Here you go.
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Client Information
Wedding Date___________________________________Client________________________________________
Client Mailing address____________________________City/State/Zip________________________________
Client’s email address____________________________
Client’s Name___________________________________Phone_______________________________________
Client’s Name__________________________________Phone________________________________________
Wedding Couple’s Email Address_______________________________
Couple’s Future Address____________________________________City/State/Zip_______________________
How did you hear about Images by Johnny Stevens photography services ?_______________________________
Includes (please write in the items you are getting from the packages )
Payment type
__ Check __Credit Card
Credit Card Type______________ Number__________________________ Exp ___________Sec.Code_____
Discounts
Other Discount………………………..…………………………………………………………………$_________
Total Package Fee or Session Fee plus Additional Charges $ _________
Tax of 8.25% $ _________
Total $ _________
Wedding Photography
Terms & Conditions
1. You are hiring Images by Johnny Stevens to photograph your event, edit the photographs, and provide you with copies.
1.1. Client retains Images by Johnny Stevens to photograph event. This agreement (or “contract”) contains the entire understanding between Images by Johnny Stevens and Client. It supersedes all prior and simultaneous agreements between the parties and may only be change with a written addendum, signed by both parties. The laws of the state of Texas shall govern this contract and clients agree that any legal action between the parties shall take place within Travis County,Texas. Client assumes responsibility for all collection costs and legal fees incurred by Images by Johnny Stevens if such become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract remains valid and enforceable. Failure by one or both parties to enforce a provision in this contract does not constitute a waiver of any other portion of this contract.
2. The parties agree that the best possible result is created through cooperation and communication.
2.1. Images by Johnny Stevens is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Images by Johnny Stevens.
2.2. Client understands that, while the Images by Johnny Stevens makes all best efforts, no particular photograph of any single moment or individual is guaranteed and that not all guests of the event will be photographed.
2.3. The parties understand and agree that Images by Johnny Stevens will accept photography direction from the Client (or Client’s Designee) only. Photographer is unable to take direction from anyone other than the Client/Designee to ensure smooth, conflict free, performance of the duties under this agreement.
2.4. Photographer will not be responsible for any photographs ruined by guests’ (or any other) flashes or any other ruined photographs to do any other causes in or outside of Photographer’s control.
3. Parties agree to at least one pre-event consultation.
3.1. The parties agree to a pre-event consultation before the event to finalize any details (shooting time, location changes, etc.) This consultation may be done in person, if possible, by telephone, or by other means agreed upon by the parties. Although Images by Johnny Stevens will try to accommodate any special requests, Client understands that photographer offers no guarantee that any specific photograph will be taken. Client understands that Client is responsible for designating an individual to identify, for Photographer, those people of which Client wants specific photographs.
4. Client understands that Photographer must follow event location & officiant rules
4.1. Images by Johnny Stevens is limited by the rules of the event locations associated with the event and their management. Client agrees to accept the technical results of their imposition on Photographer. Photographer is not responsible for any fees associated with event location site permits, admittance fees, or any other fees associated with the event locations required for Photographer to perform pursuant to this contract.
4.2. Photographer may be limited by the officiant. Client agrees to inform Photographer of all limitations imposed by the officiant. In the event that Client is unaware of officiant’s restrictions, Client understands that Photographer will abide by any limits the officiant has regarding time and place for photography.
5. Parties agree upon a set amount of time that Photographer will photograph Event.
5.1. The Photography Time is the minimum time Photographer will spend photographing. This Photography Time is continuous and commences at the Event Start Time stated in this agreement regardless of actual start time of the event. If the event ends early for any reason or if Photographer is asked by the Client/Designee to stop before the Photography Time is completed, a refund will not be due to the Client. Photographer will provide additional photography time at the request of the Client at the Extra Photography Time Rate in no less than half hour increments.
6. Parties are agreeing that the deposit/reservation fee is earned upon being paid in accordance with the following liquidated damages clause.
6.1. The parties agree that quantifying the losses arising from Client’s cancellation is inherently difficult insofar as cancellation may impair Images by Johnny Stevens’s ability to obtain a replacement client, may impact the photographer’s reputation, and may result in Photographer suffering monetary losses as a result of travel expenses, materials purchases, etc. The parties further stipulate that the agreed upon sum (referred to interchangeably as a “deposit,” “booking fee,” and/or “reservation fee”) is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the photography industry and given the nature of losses that may result from Client’s cancellation.
6.2. The deposit is non-refundable, even in the event the date is changed or cancelled for any reason, including acts of God, fire, strike and extreme weather.
6.3. The deposit is due and payable as follows:
6.3.1. The reservation fee of 50% of the total cost is due upon execution of this contract. This contract is not considered valid until this initial deposit is paid. Photographer WILL NOT reserve any dates, confirm contract, or make any other preparations for client’s event UNTIL this fee is paid.
6.3.2. An additional 50% of the total cost is due 14 days before the event. If the additional amount is not paid within seven days of the date due, Photographer may deem the contract void, Client understands that all funds paid will be considered earned, and the parties have no further obligations to one another.
6.3.3. If this contract is signed within 14 days of the event, Client agrees that 50% must be paid upon execution of this contract and that this contract is not valid until this initial 50% is paid. Photographer WILL NOT reserve any dates or make any other preparations for Client’s event UNTIL this deposit is paid.
7. What happens if this contract is cancelled.
7.1. At the Client’s discretion.
7.1.1. Client understands that pursuant to this contract, Photographer may forgo opportunities to book other business on the date of the event. Client understands that in exchange for this consideration, Client agrees to the following:
7.1.1.1. In the event that Client reschedules the event and Photographer is available for the rescheduled date, Photographer may amend the Event Date in this contract and Client will receive credit for all funds paid. In the event that the Client reschedules the Event and Photographer is NOT able to rebook the original Event, Photographer will NOT amend the Event Date in this contract and Client will forfeit the Deposit but receive a refund for all other funds paid. The Photographer reserves the right to charge additional fees to cover added expenses incurred due to the date change.
7.1.1.2. In the event that the Client cancels the Event outright, Client will forfeit the Deposit but receive a refund for all other funds paid. Cancellation must be in writing; a phone call alone is insufficient.
7.2. At Photographer’s discretion.
7.2.1. In the unlikely event that Photographer is unable to provide the services described in this contract for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Photographer, a substitute photographer may be sent without additional cost. This contract will be transferable to said photographer. If the Client declines the substitute photographer, the Client may instead terminate this Agreement, and receive a full refund of all money paid.
7.3. Return of monies paid.
7.3.1. In the event that any refunds are due under the terms of this Agreement, Photographer will issue refunds to the person/entity who paid.
8. Photographer’s travel expenses defined.
8.1. The Travel Expense Fee represents the entirety of the reimbursement to cover travel time, travel expenses, and related expenses incurred by Photographer associated with travel to the event location necessary to fulfill the obligations under this agreement.
9. Final Payment
9.1. The final payment is due 14 days prior to the event.
9.2. Photographer will only begin editing photographs after all payments have cleared.
9.3. No photographs, albums, prints or other materials will be released to Client until all payments have cleared.
10. How to pay and what fees may be added.
10.1. Payment may be made by
10.1.1. Check (written to Images by Johnny Stevens);
10.1.2. PayPal; or
10.1.3. Credit Card
10.2. There is a $35.00 charge for payments returned by the bank for any reason.
10.3. If the Photographer agrees to accept a payment after the due date, an additional fee of 5% may be charged.
11. Parties agree that the Photographer will receive meals and breaks.
11.1. Photographer works diligently to photograph the event and may need to make reasonable use of the restroom or break for water and a meal. If Photographer will be photographing for five hours or more, Client agrees to provide a meal for Photographer.
12. Images by Johnny Stevens is only person to be paid to photograph and guest photographs may have consequences.
12.1. Unless otherwise agreed, Parties understand that Photographer will be the sole person hired to photograph event. Photographer reserves the right to bring one assistant at Photographer’s discretion.
12.2. Paparazzi guests may ruin photos. Photographer requests that Client’s guests take photos during the event only if they do not interfere with the Photographer. If a problem arises, the On-Site Event Contact will be advised to handle the situation for the Photographer.
13. Digital Images, Prints and Copyrights
13.1. The photographs, digital negatives or prints produced by Images by Johnny Stevens are protected by United States Copyright Laws (USC Title 17) and all rights are reserved other than as prescribed elsewhere in this agreement. High resolution digital photographs are intended for personal use and printing of Client. Client must obtain permission from Images by Johnny Stevens prior to the releasing, publishing, or selling the photographs for commercial or press/media purposes. Digital editing and processing may take up to four weeks after the Wedding Date for completion and posting to the online proofing gallery.
13.2. How many, when, and what to expect of final photographs.
13.3. Images by Johnny Stevens will edit and deliver a minimum of 100 edited photographs per hour of Photography Time. Photographer will not provide any unedited or “RAW” files. Photographer may choose not to deliver all photographs taken during the Photography Time. Photographer will make every reasonable effort to correct exposure, color, tone, contrast, sharpness, and cropping of all delivered photographs to the liking of Client. Photographer will not selectively edit portions, remove or add people or objects, or otherwise “Photoshop” individual photographs.
14. Album
14.1. If an album credit is included in the package, the album credit includes professional layout and design by Photographer actual physical album, and final delivery of album. Client is entitled to one album consultation and has the opportunity to select the photos for the album, view a draft, request two major layout/design changes, and has final approval of album. Album credit applies to rates in album catalog provided to Client.
15. Ordering seconds.
15.1. The Photographer maintains Client photos for 365 days after the Event Date.
15.1.1. Until that time, Client may order digital photos, physical prints and/or albums.
15.1.2. After that time, Client understands that the Photographer has no obligation to provide any copies of any photos from the Event.
16. Model Release
16.1. The Client hereby grants to the Photographer and Photographer’s legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the event and Clients, provided the photographs are not obscene or inflammatory, for editorial, trade, advertising, stock, commercial, competitive and any other purpose and in any manner and medium; to alter the same without restriction and without further notice to Clients, and to copyright the same. The Client hereby releases the Photographer and Photographer’s legal representatives and assigns from all claims and liability relating to said photographs.
17. Limit of Liability
17.1. Images by Johnny Stevens takes the utmost care with respect to exposure, transportation, and processing photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, damaged, or destroyed, Photographer’s liability is limited to the return of all payments received. The limit of liability for a partial loss of originals shall be a prorated amount of the photographs lost based on the percentage of total number of photographs agreed upon in this contract. The limit of liability shall not exceed the contract price stated herein.
The parties have read all pages of this agreement agree to all of its terms and acknowledge receipt of a complete copy of the agreement signed by both parties. Each and every person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement.
Client Name Printed______________________________
Client Signature__________________________________ Date:____________________
Photographer Name Printed_______________________
Photographer Signature___________________________ Date_____________________
wedding photographers contract
Simple Photographer’s Contract
It’s not often I need to use a contract but it came up recently and thought it may be helpful to other photographers to have a scaled down simple 2 page agreement. Here is one you can just copy and paste. There is an option to ask for ½ of the fees up front which you can delete if you are comfortable with billing out on 30 day terms, as I generally do. Also there is a model clause that you can delete unless you are shooting people (portraits) or models. I used some real numbers in the estimate of fees that you can change out for your own purposes. Here you go:
This agreement is between ____________________________(hereafter “Photographer” “the Photographer” or “Photography Company”)
and ____________________ (hereafter referred to as “CLIENT”).
Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place:
__________________________________________________________
PHOTOGRAPHER will also perform retouching, post-processing or digital image editing services on these photos where artistically necessary. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of
Photographer and gear | $1,600 / day | .5 days | $800 |
Photoshop retouching | $95 / hr. | 3 hrs. | $285 |
TOTAL Estimate | $1,085 |
CLIENT agrees to pay the photographer $___________ which is due within 30 days of the day of the SHOOT.
[[Option: CLIENT agrees to pay the photographer ___________ or the initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The balance of the payment for photography services must be paid in full no later than 30 days after the SHOOT]]
If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon delivery of photos to client.
Expenses:
When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
Travel Expenses:
All travel expenses are based on the distance between the location(s) and the Photographer’s studio address. The first 10 miles roundtrip of travel are included. All miles in excess of 10 miles roundtrip are charged at $.58 per mile.
Delivery:
PHOTOGRAPHER will deliver review jpegs (proofs) of photos to CLIENT no more than 3 days after the date of the SHOOT. Final images to be delivered to CLIENT will be hi resolution TIFFs or JPEG images.
Image Rights:
The photographs produced by Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced, shared or sold in any manner without the Photographers explicitly written permission. Photographer extends to client perpetual rights to all images for use online and/or print for the purposes of promoting the CLIENT Company. Photographer will retain full rights to same images for the purposes of selling rights to vendors or for the purposes of promoting Photographer’s website and business.
Indemnification:
If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, CLIENT agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot one year after the photos have been delivered to CLIENT.
CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur.
Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permissions for locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
[[Optional for Portraits: Model Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.]]
PHOTOGRAPHER Signature __________________________________________________
Date: ___________________________
CLIENT Signature: ______________________________________________________________
Date: ____________________________