Wufoo
Wedding Photography Contract
Cedarway Photography . www.cedarway.org
Name
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First
Last
Today's Date
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Wedding Date
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Read and Agree
Electronically sign by selecting "Yes, I agree to all above" below
Cedarway Design & Photography Agreement: Wedding Photojournalism
1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
2. Deposit and Payment. The Client shall make a deposit of 50% of package purchased to retain the Photographer to perform the services specified herein. One week before services are rendered, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay the maximum amount of interest permitted by the Laws of the State of Tennessee on the unpaid balance until payment is made in full.
3. Cancellation. If the Client shall cancel this Agreement or photography session, and if the Photographer does not obtain another assignment for that date, payment will be kept by the photographer.
4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
5. Client’s Usage. The Client may obtain all hi-res photo files & prints for personal use only, and shall not sell said prints. Client may not authorize any reproductions thereof by parties other than the Photographer, unless they have written permission from the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorizes Client to reproduce the print in this manner. In such even, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.
6. Failure to Perform. If the Photographer cannot perform, other photographers will be contacted for substitution. If the Photographer cannot substitute performance of this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
7. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
8. Inherent Qualities. Client is aware that the color dyes in photographer may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
10. Quality. Artistic quality as well as craftsmanship is the photographer’s opinion. If the Client disapproves of the artistic quality such as lighting, a photo being too dark or two light, cropping, blurriness or such things that are simply a negative opinion of the Client resulting in disapproval of the photos, the Photographer nor Cedarway Design & Photography is not liable. The Client agrees to consider Cedarway Design & Photography and the photographer with their own judgment. Cedarway Design & Photography and the photographer is not liable for refunds, exchanges or any other compensation as a result of their disapproval.
11. Correct Information. If the Client gives false or incorrect information to Cedarway Design & Photography or the photographer, such as date, time, place, names, addresses, preferred poses, Cedarway Design & Photography nor the photographer is liable or responsible.
12. Planned Posing. If the photographer does not obtain planned photos or poses the Client expects or prefers from the photographer, Cedarway Design & Photography nor the photographer is liable or responsible.
13. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $10 per image.
14. Physical Accidents. If any person during the event is hurt due to an accident from the Photographer’s equipment such as lights, cases, cords, or other equipment including the Photographer him/herself, the Photographer is not liable for any physical or emotional damage.
15. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before a judge in the State of Tennessee and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500.
16. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
By agreeing to this contract, you agree to provide the final amount due within thirty (30) days after wedding event date. By agreeing to this contract, you understand if your wedding package includes a credit you have 6 months after your wedding date to order online before it expires online. You also understand you have up to one year to use your entire package credit specific amount within one year of your wedding date. Six months after your wedding date, ordering must be done according to Cedarway's preference. Ex. Putting your choice photos on a disc and mailing the disc to Cedarway's PO Box. If you do not use your entire package credit within one year, it will be invalid.
I understand that my photos could take up to 8 weeks before appearing online after the service is rendered. The parties have read both pages of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. This agreement is subject to all the terms and conditions appearing on all pages.
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