WEDDING PHOTOGRAPHY - CONTRACT
Please read below contract carefully. Please fill in all required details - including name & date at the end.
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Nicolette Spelic Photography, known as "Photographer", shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement. This Agreement shall be governed by and construed in accordance with Irish law and the Parties agree to submit to the exclusive jurisdiction of the Courts of Ireland as regards any claim or matter arising under or in relation to this Agreement.
Pre-Wedding Consultation: This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed. This consultation also serves to review style, coverage and quality of the photographer’s work. A meeting can be arranged face to face in the photographer’s gallery in Ballyleague/Lanesborough or via skype for Clients further afield. In any case the photographer will contact the Client by email with a brief confirmation of time and location a few days before the wedding to ensure that there have been no last-minute changes. It is recommended to provide the Photographer with a google link with coordinates for location.
Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer be provided with a helper (usually the best man or maid of honour) who will point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organizing family groups. The Clients also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people. Photographer also can not take responsibility for people leaving the location early e.g. prior to the group shoot or formal session.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 25% with a minimum of 250EUR of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 30 days before the event date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event.
Cancellation: If for any reason Client cancels this contract before the wedding date, Photographer will keep the retainer. In the event of the Clients cancelling the wedding for whatever reason the booking fee is non-refundable. It will be considered as liquidated damages to the Photographer. Cancellation must be made in writing, signed by the contracted party, and sent via registered mail. If Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
Limit of liability: photographer declares that every effort will be made to provide high quality photographic services. In the unlikely event of medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. If possible, photographer will take steps to secure a replacement photographer able and willing to provide a similar package as chosen in this agreement at the same or similar price. In such an event and a suitable replacement is not found, photographer’s liability is limited to the return of all payments received for the event package. Additionally, in the event that client’s photographs should be lost, stolen or destroyed, photographer’s liability is limited to the return of all payments received for the event. 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.
Reschedule: In the event that Client reschedules the wedding and Photographer is able to rebook the original wedding date, Client will receive credit for all monies already paid, not including the deposit. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Photographer is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided Photographer is available.
Force majeure: Photographer is not liable for failure to perform resulting from acts of god (including fire, flood, snow, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, government sanction, labour dispute, strike, lockout or interruption or power failure.
This contract between Nicolette Spelic Photography and the client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Nicolette Spelic Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by Nicolette Spelic Photography in order to offset its loss of business.
Liability: If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Photo USB Stick: Upon receipt of a photo USB stick, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read USB provided. It is recommended to the client to make sure that digital files are copied to new media as required. 2 to 3 backups, such as external hard drive, USB stick, Cloud storage are recommended.
Pricing: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All print/album credits and sessions must be used within 6 months of web gallery posting or Photographer may substitute a product of reasonable value to fulfil any outstanding credit balance.
Exclusive photographers: the client acknowledges that the presence of other photographers at the event may hinder or disrupt the delivery of quality photographic services by photographer. Photographer shall be the exclusive photographer retained by client for the purpose of the wedding. Photographer shall have the exclusive right to enlist and direct the services of assistance and/or sub-contractors. Additionally, wedding guests shall be permitted to photograph the wedding at photographer’s discretion and, as when in her opinion necessary, direction. Wedding guests may not photograph poses arranged by the photographer, as such may hinder or interfere with photographer’s ability to perform services engaged herein.
Responsibilities: Unless agreed upon in advance, Nicolette Spelic Photography shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her 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 Photographer's duties. Photographer is not responsible for compromised coverage due to causes beyond her control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the Photographer a copy of the invitation prior to the wedding. I order to be prepared for the day a questionnaire will be supplied by the photographer and will need to be filled in and returned 30 days prior to the wedding date. Notification of any changes in schedule or location must be made within 3 months prior to the wedding day. Changes can be made by phone with a follow-up email as written confirmation of same documentation. If email is sent, confirmation of receipt must be obtained.
Restrictions: photographer is not liable for restrictions imposed by the minister or official in charge of the actual wedding service including, but not limited to, restrictions placed on photographers’ movement, view and ability to use artificial light. Client is responsible for securing the appropriate permission to photograph.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding 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 family member of the client; second offense offence: the offending person will be required to leave the wedding or event; third offense offence: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Exclusivity: Unless agreed upon in advance, Nicolette Spelic Photography shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her discretion. On the day of the wedding the photographer exclusively works for the Client. In the event of receiving photography enquiries for portraits of family members or guests these will need to be declined as the photographer is exclusively working for the client. Accepting additional photography jobs from third parties on the day would interfere with the wedding photography.
Coverage: Photographer 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 wedding day and must be paid in full the same day. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational organisational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. It is not the photographer’s obligation to cover each person present on the day. The photographer is not responsible if guest or family members aren’t available at photo locations, e.g. during formal shoots. It is recommended that the best man or maid of honor (or someone who know most guests/family members) to be in charge of the portrait/formal photography list to assure full coverage. Images can be a mix of colour and high res. Images will be edited to photographer’s good intention. Additional edits may be requested at additional cost at the current price rate when enquiry is received.
House Rules e.g. in church or venue: Note that Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. It is recommended to the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution USB stick may contain a mixture of colour, black and white, and selective colour colour images. An alternately coloured version of a photo may be purchased at the current rate. Limited colour correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, Clients with the high-resolution files should order their prints through a reputable lab. Photography is an art (artistic?) service and while style will be discussed by samples on the photographer’s website or prints when meeting face to face or over skype. However, light on the day, dark or poorly lid lit venue, rain etc. will impact the style of photography and is not the photographer’s responsibility.
Internet: Client is expressly limited to publically display altered or edited images that do not exactly represent the photographs delivered by photographer. Written permission from photographer must be obtained for any commercial use of the photographs or digital images, including but not limited to blogs and magazines.
Model Release: This contract serves as a model release, giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Nicolette Spelic Photography. 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.
Copyright: All photographs taken by Nicolette Spelic Photography are her property, will remain her property and are protected by European Copyright Laws. Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators Violation of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Photographer become aware of reproduction without permission, Client will remit a usage fee of 300EUR per image, per usage to Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers or family members or friends). This also included Social media. Photographs can be shared on social media after agreement by the photographer while each photograph will need to be credited with the name of the photographer www.nicolettespelicphotography.com and @nicolettespelicphotography.
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.