Portrait Photography Agreement

Agreement for Wedding Photography Services

Agreement made on the (date), between of , referred to herein as Photographer; and of , referred to herein as Client.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

I. It is understood this Photographer is the exclusive official photographer retained to perform the photographic services requested on this Agreement. Simultaneous coverage by another photographer with professional still photography equipment releases Photographer from this Agreement.

II. Payment Policy. A non-refundable retainer of % of package of $ will reserve Photographer for coverage on the specified date and will be applied to the Package. The remaining balance of $ is due days before the Event.

III. Price Protection: The Photographer warrants all prices quoted for professional services, photographs and albums are valid for a period of months following the date of the Event. Orders placed after that are subject to the Photographer’s current published pricing.

IV. Copyrights. As the author of all images made hereunder and as provided for by United States Copyright Laws (Title 17, U.S. Code Section 101), Photographer shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files or any other format of reproduction. Client may not reproduce images in any manner without Photographer's explicitly written permission. Client recognizes and agrees that the Photographer may reproduce, publish (including internet), exhibit and otherwise use images created hereunder, without specific identification of persons or Events, (i) as samples of work to be shown to prospective clients, (ii) for instructional purposes, and (iii) as samples of work to be displayed for marketing or competition.

V. Requested Photos. While Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that this is an uncontrolled Event and that due the vagaries of the weather, available light, time restrictions, and willingness of subjects, Photographer cannot possibly guarantee that all requested photos will be taken.

VI. Cancellation. Upon acceptance of these terms, the Photographer reserves the time and date for Client and will not make any other reservations for that time. For this reason, the retainer of $ is non-refundable, even if Client cancels the order for photography, or changes the date of the Event. However if the Photographer is able to contract for another Event of at least equivalent value for the cancelled date, the retainer will be refunded. The Photographer warrants that in the Event of a cancellation, reasonable effort will be made to secure a replacement assignment.

VII. Limitation of Liability. While every reasonable effort will be made to produce and deliver outstanding images of the Event, the Photographer's entire liability to Client for any claim, loss, damage or injury arising under or relating to the Agreement or the Photographer's performance hereunder, including the negligence of the Photographer, is limited to a refund to Client of all fees paid for services. In the unlikely event of personal illness to the photographer, all reasonable efforts will be made to find a suitable replacement Photographer. If Client rejects substitute Photographer, Client may terminate this Agreement and receive a full refund of the retainer paid to the Photographer.

VIII. Proofs. Proofs should not be construed as an indicator of quality of the final product. Final Print images may have additional retouching applied for a consistent and pleasing presentation. Proofs mean the images selected by Photographer in its sole discretion for presentation or delivery to Client. Such selection shall constitute all images that will be made available to Client and, once selected, shall be deemed as fulfillment of the terms of this Agreement. Proofs may or may not include artistic enhancements or touch-ups. Digital files are retained on the Photographer's computer systems for months.

IX. Website. A presentation of the proof images is ordinarily made available online on a password protected website within weeks following the Event. Client agrees to allow Photographer to distribute a small notice to guests with the web address of Event and Event ID information. The online gallery is available for days.

X. Wedding Albums. After receiving layout proofs, client has days to provide their revisions to Photographer for inclusion into album. If client does not provide his/her revisions in writing, or email, within the days, Client will forfeit any choices of images included in the album. As part of the service, the Photographer will design the layout of albums including photograph size and image placement. The custom designed album is usually ready months after client approval of layout.

XI. DVD Galleries (if purchased). The images to be used in the DVD Gallery slideshow will be selected by the Photographer. Images in slideshow may include artistic enhancements or touchups. Royalty free music will be used unless client provides written permission from the recording company to use copyrighted music in the slideshow.

XII. Ordering Individual Photographs. Orders for reprints and enlargements can be accomplished online via the password protected website within the month they will be posted. Unless otherwise specified, custom orders will be delivered within weeks following payment for order. The online gallery is available for days.

XIII. No part of any order will be delivered until the balance due is paid in full.

XIV. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

XV. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

XVI. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

XVII. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XVIII. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XIX. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XX. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XXI. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

XXII. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.