Abernathy Wedding Contract
Wedding Contract & Agreement Between Client & Vision of Rose Photography
Please read the agreement in full and then fill out the form below. By filling out the form below, you are agreeing to the terms in this contract and by submitting the form, you are using this in lieu of a signature until the date of your wedding. On the date of your wedding, this contract will be resubmitted to you for a final signature.
The following Wedding Agreement is drawn between Rosemary Slocum with Vision of Rose Photography, and Amanda Abernathy (Bride) which shall be listed as CLIENT or CLIENT(s) in the following contract. Vision of Rose Photography is commissioned for Wedding Day Coverage on Saturday September 8th, 2018.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Vision of Rose Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. 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 agreement to waive one or more provisions of this agreement or 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.
RESERVATION: A signed (digital) contract and retainer fee of $100.00 payable online only are required to reserve the dates and times of the EVENT(S). If the EVENT(S) is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to Vision of Rose Photography. The CLIENT shall also be responsible for payment for any of Vision of Rose Photography's materials charges incurred up to time of cancellation. The CLIENT also understands that ANY payments made towards Vision of Rose Photography are non-refundable.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Vision of Rose Photography by the CLIENT.
SAFETY: Vision of Rose Photography reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from Vision of Rose Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from Vision of Rose Photography is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and Vision of Rose Photography agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
COMPLIMENTARY SESSIONS: Some of our wedding packages include a complimentary: Engagement Session, Bridal Session or Boudoir Session. All offerings in these sessions are as-is which includes. Engagement Session includes 45 minutes of camera time and images uploaded into an online gallery. This is a portrait session between TWO people. Including children or pets will result in an UP-CHARGE of $75.00 to meet the Luxe Portrait Package of Family Sessions. Bridal Session includes 45 minutes of camera time and images uploaded into an online gallery. This portrait session is for the BRIDE only. Secondary parties will not be allowed under any circumstances. Bridal makeup package can be added on for $125.00 and bridal hair package can be added on for $75.00 for portraits. Otherwise, BRIDE is to show up ready for portraits. Bridal Boudoir Session includes 45 minutes of camera time and images uploaded into an online gallery. This portrait session is for the BRIDE only. Secondary parties will not be allowed under any circumstances. Bridal makeup package can be added on for $125.00 and bridal hair package can be added on for $75.00 for portraits. Otherwise, BRIDE is to show up ready for portraits. These terms are solid in portrait offerings and are non-negotiable. All UP-CHARGE fees, makeup fees and hair fees must be paid at the time of booking the session. Fees may not be added on to the wedding package balance. A MINIMUM OF $250.00 TOWARDS THE WEDDING PACKAGE MUST HAVE BEEN PAID IN ORDER TO BOOK COMPLIMENTARY SESSION. NO EXCEPTIONS. (Complimentary Sessions are not available in our Lite or Simplistic Collections)
RESPONSIBILITIES: Vision of Rose Photography is not responsible for compromised coverage due to causes beyond the control of Vision of Rose Photography including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to Vision of Rose Photography, rendering of decorations, or restrictions of the locations. Vision of Rose Photography is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Vision of Rose Photography is not held liable for missed coverage of any part of the EVENT(S). Vision of Rose Photography will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). The CLIENT is responsible for informing guests not to use flash photography during the ceremony as well as informing guests not to stand, block the isle or photographer in any form or fashion during the entire shooting time up to and including the end of the evening as covered by Vision of Rose Photography. Vision of Rose Photography is not responsible for any images missed due to unruly or uncooperative guests.
OTHER PHOTOGRAPHERS AND PHOTOGRAPHY: The CLIENT understands that during formal portraits or any other posed portraits that are taken before, during and after the ceremony, preparations, reception and in between are to be taken by Vision of Rose Photography only. While Vision of Rose Photography is photographing and posing, no other photographers or photography is allowed during this time, this includes guests of the wedding and wedding party who are using personal cameras and/or cell phones. It is the CLIENT’s responsibility to inform their guests of this clause. Vision of Rose Photography will be the only photographer during posed or formal portraits. This includes point and shoot cameras, guest cameras, video recording, cell phone images, etc. Should Vision of Rose Photography notice guests or other photographers taking images during this time Vision of Rose Photography will halt on taking images until those taking photographs who are not affiliated with Vision of Rose Photography have stopped. This time is docked from wedding coverage.
VENUE AND LOCATION LIMITATIONS: Vision of Rose Photography is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Vision of Rose Photography. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; Vision of Rose Photography will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which Vision of Rose Photography will be performing services.
FILM and COPYRIGHTS: The photographs produced by Vision of Rose Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Vision of Rose Photography's explicitly written permission. If the CLIENT has purchased an "Image USB" or “Online album on PASS” from Vision of Rose Photography, upon final payment by the CLIENT, limited online sharing as well as print release rights will be transferred to the CLIENT for personal use. Images which are uploaded are to have the following statement in the comment or caption section of the image: “Photograph taken by Vision of Rose Photography” and a link leading to Vision of Rose Photography’s online website must be included: www.visionofrosephoto.com. The CLIENT is not to alter, change, edit or crop the images taken by Vision of Rose Photography in any way what so ever. Images may not be entered into a contest, blog, published or uploaded into any other albums which are not outlined in this agreement without written approval by Vision of Rose Photography.
MODEL RELEASE: The CLIENT hereby assigns Vision of Rose Photography 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from Vision of Rose Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Vision of Rose Photography, Vision of Rose Photography will make every effort to secure a replacement. If the 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(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Vision of Rose Photography's control, including but not limited to camera, hard drive, or equipment malfunction, Vision of Rose Photography liability is limited to the return of all payments received for the EVENT(S). 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. Vision of Rose Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: Vision of Rose Photography is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Vision of Rose Photography. Image Selection will be based upon duplication of images, blurry or out of focus images, under or over exposed images, etc. Any images falling into a criteria that Vision of Rose Photography deems not up to standards will be deleted and will not be given to the CLIENT.
ASSISTANT AND SECOND SHOOTER: It is the understanding of the CLIENT that Vision of Rose Photography may have an assistant and/or second shooter (photographer) present on the date of the EVENT(S). The assistant and second shooter is in no way under this contract but is simply there to assist Vision of Rose Photography in performing trivial tasks.
MEALS & BREAKS: Vision of Rose Photography will not photograph the EVENT(S) while food is being served and eaten. It is not the style of Vision of Rose Photography to take images during this time. During this time, Vision of Rose Photography will recharge batteries, make personal calls and have down time as the CLIENT(S) and guests enjoy their meals. Vision of Rose Photography will eat when the CLIENT(S) eat at the time of the wedding party to ensure no key moments are missed. Vision of Rose Photography, any assistant and/or second shooter will be allowed a meal and beverage with the rest of the guests and will be seated during the meal portion of the event. Vision of Rose Photography will take personal breaks as needed during “down-times” while the EVENT(S) commence. The breaks will be short, within 5-10 minutes, depending on the nature of the break which is needed. During this time, if a second photographer has been commissioned, they will continue coverage.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of Vision of Rose Photography. The return time for images is seven (7) to ten (10) business days for the first “sneak peeks” to be posted online and the CLIENT will receive the delivery of images via PASS (online viewing album) within thirty (30) business days after wedding. If a USB has been included in the package, this is only available for pickup directly from Vision of Rose Photography and will be available within thirty (30) business days after the wedding.
PAYMENT SCHEDULE: The aforementioned non-refundable retainer fee, in the amount of $100.00 is due at the time of booking Vision of Rose Photography. The remaining balance is payable in full no less than THIRTY DAYS (30 DAYS) before the scheduled EVENT(s). In the event the CLIENT fails to remit payment as specified, Vision of Rose Photography shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Payment types acceptable are: Payment by debit card, credit card, or cash paid in person directly to Vision of Rose Photography.
REFUNDS & RE-SHOOTS: Refunds & re-shoots of any kind are NOT granted in wedding photography coverage or with any engagement or couple’s shoots that take place before or after the wedding due to the customized nature of the images. Refunds will not be granted in any form, due to the nature of the event. The CLIENT understands they are paying Vision of Rose Photography in full for the photographer’s time and talent. The CLIENT has viewed Vision of Rose Photography’s work prior to booking and agrees that they are satisfied with the type of work that Vision of Rose Photography does. *By submitting payments online, clients agree that refunds are not given. Any payments made towards wedding coverage can be liquidated and used towards other portrait services with Vision of Rose Photo, however, refunds are not given under any circumstances. By making payments online to Vision of Rose Photo, clients agree to these terms.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
PAYMENT ARRANGEMENT BETWEEN CLIENT(S) AND VISION OF ROSE PHOTOGRAPHY:
Client has a credit with Vision of Rose Photo for the amount of $150.00 which has been applied to wedding balance of $475.00 due for Wedding Services. The remaining balance is $325.00, to which the Client agrees to pay half in the amount of $162.50 by 1PM on FRIDAY SEPTEMBER 7th, 2018. Client understands if this payment is not rendered, services from Vision of Rose Photo will be null and void and wedding coverage will not be made. Client agrees to pay the remaining balance in three payments to be made on: MONDAY OCTOBER 1ST, 2018 in the amount of $50.00, THURSDAY NOVEMBER 1ST, 2018 in the amount of $50.00, and a final payment made on SATURDAY DECEMBER 1ST, 2018 in the amount of $62.50. Payments missed on these dates will have a $25.00 convenience fee applied to the final balance. Client understands that images of the wedding will not be given to Client until final payment has been made and any late fees if added for missed payments are satisfied.