Event Photography Contract
1. PARTIES: The person(s) whose signature(s) appear on this contract, hereinafter referred to as "Client", agree that Erin Sloan Photography, hereinafter referred to as “Erin Sloan Photography,” shall provide services to photograph their Event: , in the manner described in this contract.
2. SERVICES:
* Wedding Collection: (Best of their ability)
- Photographer Total #
- Hrs of coverage
- Additional Credit $
- Personal Online Gallery
● CLIENT: Date: / / Address: City, State: Zip Code:
3. FEES: In consideration for providing photography services, Client agrees to pay Erin Sloan Photography a total of $4000 (collection plus tax and applicable expenses as described below). A Non-Refundable Retainer Fee of 50% of the fee ($2000) is due when this agreement is signed, and the remaining balance of ($2000) is to be paid in full one month before the Event date (September 21st, 2017).
a. Additional Expenses:
● TRAVEL INCLUDED IN COLLECTION
* The photographer(s) will also be fed the same meal as the guests at the time of reception (If applicable).
b. Method of Payment: Payment may be made by:
i. Cash
ii. Check (written to Erin Sloan Photography)
iii. Credit Card (additional 3% Service fee)
- There is a $50 charge on payments returned for any reason.
4. ENTIRE AGREEMENT: This contract has been freely negotiated and shall be recognized as the entirety of the agreement between Erin Sloan Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and Erin Sloan Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.
5. RESERVATION: Upon Client's signature, Erin Sloan Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. Because Erin Sloan Photography may forgo opportunities to book other business on the Event Date, the retainer amount stated above is non-refundable for any reason. The retainer is to be paid at time of signing the contract and after the Event is credited toward the contracted Event photography package. The Client understands and agrees that the entire amount owed for the Event photography package described in the contract is due prior to delivery of the final images.
6. CANCELLATION: In the event that the Client cancels the event photography services outlined in this contract 14 Days prior to the Event date, the Client agrees to pay the package in full, due to Erin Sloan Photography forgoing the opportunity to book another event in this time frame. Any monies paid to Erin Sloan Photography is non refundable. If there is a date change, 50% of the retainer will carry over to new deposit and the Client will pay the other 50% to hold the new date.
7. TERMINATION AND CANCELLATION: Client understands that pursuant to this Contract, Erin Sloan Photography may forgo opportunities to book other business on the Event Date. Client understands that in exchange for this consideration, this Agreement may only be cancelled or terminated under the following conditions:
Discretion:
a. At the Client’s Discretion:
i. In the event that the Client reschedules the event and Erin Sloan Photography is able to rebook the original Event Date, Erin Sloan Photography will amend the Event Date in this contract and Client will receive credit for all monies paid up to the date Client requests the Event be rescheduled.
ii. In the event that the Client reschedules the Event and Erin Sloan Photography is NOT able to rebook the original Event Date, Client will forfeit the retainer but receive credit for all other monies paid IF Client reschedules the Event with Erin Sloan Photography. Client should note that the retainer will NOT then be available to apply toward their final installment.
iii. In the event that the Client cancels the Event outright, Client will forfeit all monies paid up to the date Client notifies Erin Sloan Photography that the Event is cancelled. Cancellation must be in writing even if a phone call was made to inform Erin Sloan Photography of the cancellation. If cancellation is within the cancellation deadline, the client must pay package in full.
b. Cancellation/Termination At Erin Sloan Photography's
i. In the unlikely event that Erin Sloan Photography is unable to provide the services described in this Agreement on the Event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Erin Sloan Photography, a substitute photographer may be sent at no cost to Client. This contract will be transferable to said photographer. If the Client declines the substitute photographer 24 hours prior to the event, the Client may instead terminate this Agreement, and receive a full refund of all money paid.
ii. In the event Client fails to make any installment payment due as described under the Payment section of this Agreement within ten (10) days of its due date, Erin Sloan Photography shall have the right to immediately terminate this Agreement. Prior payments will not be returned.
c. Return of Monies Paid:
i. In the event that any refunds are due under the terms of this Agreement, Erin Sloan Photography will effect such refunds to the person or entity from whom or which the funds derived.
8. PRE-EVENT CONSULTATION: It is strongly recommended that the Client schedules a pre-event consultation with Erin Sloan Photography before the Event date to finalize the actual shooting times and locations.
9. SHOT LIST: The Client will be responsible for designating a “shot list.” The role of the shot list is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that the Client develop an advisory list of “must-have” photos, locations, and subjects (People; items; etc.) and share it with Erin Sloan Photography and the designated shot list well before the event. The items on this list should only be specific people combinations, unique events, special details, etc.
10. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Erin Sloan Photography is not responsible for key individuals’ failure to be present or willing to cooperate during photography sessions, neither for missed images due to details not revealed to Erin Sloan Photography. Erin Sloan Photography recommends that the CLIENT designates an "event guide" (see PRE-EVENT CONSULTATION and EVENT GUIDE above) to point out important individuals to the photographer, whom the Client wishes to include in informal or candid photographs.
11. EXCLUSIVITY: Unless agreed upon in advance, Erin Sloan Photography shall be the exclusive photographer retained for the Event. Erin Sloan Photography may bring one assistant/ 2nd shooter at their discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Erin Sloan Photography's duties. Any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and no return on monies paid by the Client.
12. COVERAGE: Erin Sloan Photography will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the Event day and must be paid in full before any photos or products are released to the Client. Client agrees to compensate Erin Sloan Photography at the rate of $300 per extra hour of overtime coverage if not included. Erin SloanPhotography is not responsible for compromised coverage due to causes beyond their control such as other people's cameras or flash, the lateness of principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venue. Erin Sloan Photography is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.
13. NON-GUARANTEE: While Photographer will make every reasonable effort to take the photographs 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 guarantee that ALL requested photos will be taken. Any lists supplied will be used for organizational and advisory purposes only.
14. HARASSMENT: Ensuring the appropriate behavior of all guests and other persons at the Event and other events covered by Erin Sloan Photography shall be the responsibility of Client. In the event Erin Sloan Photography or any of their employees experience any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the Event or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a representative of the Client; second offense: the offending person will be required to leave the event; third offense: Erin Sloan Photography will end event coverage immediately and leave the event, Erin Sloan Photography shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold Erin Sloan Photography harmless as a result of incomplete event photography coverage.
15. DANGER TO THE PHOTOGRAPHER OR PHOTOGRAPHER’S EQUIPMENT: It is the responsibility of the Client to provide a safe working environment for the Photographer. If the health, safety, well-being or life of the Photographer or the Photographer’s equipment is in jeopardy, both perceived or real, the Photographer may remove himself/herself and all photography equipment from the premises or event. So far as it is safe, the photographer will give notice to the Client of the danger presented to the Photographer or the Photographer’s equipment before leaving the premises. In such a situation, the Photographer will not be held liable for any missed coverage of the events of the day. The Photographer will not be held liable for a reduction in the final number of provided images for any situation the Photographer leaves due to possible jeopardy to the Photographer and/or all photography equipment. The Photographer shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold Photographer harmless and without liability as a result of incomplete wedding or event photography coverage.
16. FEEDING THE PHOTOGRAPHER(S): Meals will be provided to the Photographer(s) at appropriate meal times during the event day when there are six or more hours of coverage. Meals are to be provided around the same time as the event meal. The Caterer may not require that the Photographer(s) should be made to wait until all the guests have eaten or been served before the Photographer is provided food or that the Photographer(s) be required to eat in a separate room. Please discuss these details and meals with your caterer (If applicable). The Photographer must be able to eat as near to the time as the participants eat to ensure that the Photographer(s) can be finished eating before any other part of the event occurs that should be photographed.
17. HOUSE RULES: The photographer is limited by the guidelines of the event site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the event staff for moderation of guidelines is the Client's responsibility; Erin Sloan Photography will offer technical recommendations only.
18. FINAL IMAGE DELIVERY: After the event, Erin Sloan Photography will provide the Client with a private online gallery that will display a portion of the digital images. In addition, a gallery of select digital photographs will be prepared and provided to the Client (if included in package). The final images will be selected according to the sole discretion of Erin Sloan Photography. Images determined by Erin Sloan Photography, in their sole discretion, to be substandard or duplicated may be edited out.
Client accepts all responsibility for archiving and protecting the images and photographs. Photographer does not permanently archive all image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology. It is Client's responsibility to make sure that digital files are copied to new media and achieved as required to ensure the longevity of the provided photographs. Archival of RAW files shot at wedding is for 60 days after release of photos to client. Any inquiry regarding a possible image shot at the wedding or event and not provided in the final jpegs must be made within this time frame. There is no guarantee or liability associated with any request by the Client regarding images not provided by the Photographer.
19. COMPLETION SCHEDULE: The printing process can only start once Erin Sloan Photography receives the order list for the required images. Digital processing takes approximately four to eight weeks from the event date. Creation of an event album takes six to ten weeks, enlargements one to two weeks or possibly longer when laboratory and bindery schedules are heavy.
20. CUSTOMIZED ALBUMS (If Applicable): Photo Albums are understood to be of a higher quality and substance than the photobook/sign-in book. The Storybook Event Album is a leather-bound album of varying materials and comprised of “hard” pages with high quality photo printing. The Photographer custom designs each Storybook Event Album and then provides a preview of the album to the Client before the final print order is placed. The Client can then request changes or replacements to any images used or not used in the layouts and the Photographer will do their best to then make those changes to the Photo Album. These changes do not include the artistic layout of the pages and spreads unless approved by the Photographer. The Client will then receive a second preview of the photo album. Once the Photographer receives approval from the client on the second preview, the photographer will order the album. Upon placing the order for the Photo Album, the Client can make no further changes or request any other adjustments to the Photo Album. The Photo Album will be delivered to the Client once the Photographer has received it from the printing company of the Photographer’s choosing. The Photo Album will be designed after the date that the images are provided to the client and can take three or more months to be designed, ordered, printed and delivered back to the Client. Do to the uncertainties of printing fulfillment times by professional album printing companies, there is no guarantee to the amount of time that it will take to deliver the Photo Album.
Important: If the client is contracted to receive a 40page/20spread album – the photographer may or may not design additional pages/spreads from which the client may choose the 40 pages/20 spreads to be used in the final printing of the album. The client may purchase the additional spreads if they desire at a rate of $100 for each additional 2pages/1spread.
21. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: All photographs, digital negatives and prints produced by Erin Sloan Photography are protected by U.S. Copyright Law (U.S.C. Title 17) and may not be reproduced in any manner without Erin Sloan Photography’s explicit written permission. Client hereby waives any claims for ownership, income, editorial control and use of the images. However, upon final payment by the Client, a limited license to use the resulting images will be transferred to the Client under the following conditions:
a. The negatives and/or digital files, if provided by Erin Sloan Photography, may be used by the Client for limited personal use, including electronic reproduction and distribution of photographs to friends and relatives.
b. The Client shall not publish, sell, or otherwise use the images for any unauthorized personal or commercial purpose without the express written consent and compensation of Erin Sloan Photography. The Client shall take all necessary measures to prevent the unauthorized use and distribution of Erin Sloan Photography images, and shall not knowingly provide images to friends or family members for their unauthorized personal, or commercial purposes.
c. Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Erin Sloan Photography as well as a web link to http://www.erinsloanphotography.com is prominently displayed on the web site. This especially includes FACEBOOK, a photo credit must be present under the “caption” section for each individual photo used on Facebook.
d. Under no circumstances shall the client provide images to any other vendor or business for use in that vendor or business’ advertising, promotion, portrayal or display without the expressed permission of Erin Sloan Photography. Vendors may not obtain or use any image from Erin Sloan Photography without obtaining permission and negotiating commercial use release with Erin Sloan Photography.
22. MODEL RELEASE: Client hereby assign(s) and grant(s) Erin Sloan Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby release(s) Erin Sloan Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Erin Sloan Photography may display and use the photographs taken for advertising, display, website and Internet promotion, photographic contests, public display such as on wedding blogs, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Erin Sloan Photography.
The Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns. The Photographer may make reproductions for the Client, for the Photographer's portfolio, samples, or self-promotions, website, blog or for professional competition and review. From time to time, Events may also be submitted by Erin Sloan Photography to various print magazines and blogs for potential publication and display.
23. BLOGGING: Erin Sloan Photography maintains a blog on their website, on which showcases work from Event sessions. Please note that Photographer does not blog all events, shoots, weddings, or engagements, and Photographer does not guarantee that the Client’s wedding or shoot will be featured on the blog. The events Photographer blogs are based on many factors including repetitiveness of events (e.g., Photographer may work at the same venue multiple times per year, and in order to keep the blog fresh, all events may not be featured), Their other workload (during busy season I am unable to blog as frequently), and many other factors. Client is encouraged to not take it personally if their shoot is not featured. Images featured on the blog are at the discretion of the Photographer.
24. SUFFICIENT TIME FOR PHOTOGRAPHY: The photographer must be given sufficient time to complete and capture all photographs. In the event of a wedding, this includes but is not limited to the bride and groom formals, the wedding party formals and the family formals. This time shall be no less than two hours unless otherwise noted on this contract. If the bride or groom, wedding party or family members are running late during the course of the wedding day, and as such, the time given the Photographer to capture formal portraits, family portraits or wedding party portraits is reduced, then the photographer may not be able to provide those images or the full number of final images detailed in this contract and the photographer will be released from having to provide the full number of images to the bride and groom. The photographer will not be held liable for the lack of time or the reduced number of final images provided.
25. PHOTOGRAPHER’S CREATIVE LICENSE AND AUTHORITY: Photographer reserves the right to edit and will be the final authority on the images that will be provided to client or offered for sale to the client. Images are edited at the Photographer’s discretion, and delivered images will not include all images shot during the course of the wedding day. The photographer reserves the creative right to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards. The Photographer is not responsible for subjective interpretations of photography. 24. LIMIT OF LIABILITY: Erin Sloan Photography assures that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Erin Sloan Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Erin Sloan Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of the Client's photographs being lost, stolen or destroyed for reasons within or beyond Erin Sloan Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. In no event shall Erin Sloan Photography's liability exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
26. CAPACITY: The Client affirms that he/she is at least 18 years old and has the capacity to enter into a contract with Erin Sloan Photography.
27. EMPLOYMENT STATUS: Erin Sloan Photography is an independent contractor and not an employee of the Client.
28. JURISDICTION & SEVERABILITY: The laws of the State of California shall govern this contract, and any resulting litigation or arbitration shall take place within Santa Clara County, California. Client assumes responsibility for all collection costs and legal fees incurred by Erin Sloan Photography should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement.
29. FORCE MAJEURE: Neither party is liable for failure to perform their obligations under this contract if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster). Neither party is entitled to terminate this Contract under Clause 7 (Termination & Cancellation) in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that they took reasonable steps to minimize delay or damages caused by foreseeable events, that they substantially fulfilled all non-excused obligations, and that they timely notified the other party of the likelihood or actual occurrence of an event described in Clause 28 (Force Majeure).
30. GRACE PERIOD TO EXIT THIS CONTRACT: Client has the right to a three (3) day grace period to exit this contract from the date of signing. The Photographer must be notified in writing. The postmark shall not be older than three (3) days of the date following the signature of the contract. Photographer is not responsible for lost or undelivered mail.
I have read, understand and agree to the terms and conditions of this Agreement. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
Client:________________________________________________Date:__________________ Client:________________________________________________Date:__________________
Following your review, please sign above as well as initial each page and return one copy of this executed agreement to Erin Sloan Photography at the address below along with your Retainer Fee of 50%. Remaining balance of $ due on
Photographer:__________________________________________Date:__________________
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ALL PAYMENTS CAN BE MAILED TO:
Erin Sloan Photography 970 Parma Way, Los Altos, CA 94024
Thank you for choosing us as your photographer!