Client/Photographer Wedding Terms of Service
1. AGREEMENT, JURISDICTION & SEVERABILITY:
This contract, including the details contained on Schedule A, below, contains the entire understanding between imagery.LIFE, LLC, a Pennsylvania limited liability company (“imagery. LIFE”) and, both adult individuals, (collectively, the “CLIENT(S)”). This Agreement supersedes all prior and simultaneous agreements, and oral or written communications between the parties. The only way to change or add to this agreement is to do so in a writing signed by all parties hereto. The laws of the Commonwealth of Pennsylvania shall govern this contract, and any resulting arbitration shall take place within Lehigh County, Pennsylvania. The client assumes responsibility for all collection costs and legal fees incurred by imagery.LIFE 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. imagery.LIFE provides proof of insurance two weeks prior to the event date. If other vendors or the venues require listing as “Additional Insured,” they are to notify imagery.LIFE at least one month prior to the date of the event.
2. LEGAL CAPACITY: CLIENT(S) affirm(s) that CLIENT(S) is/are at least 18 years old and can enter into a contract with Imagery.LIFE.
3. INDEPENDENT CONTRACTOR STATUS: imagery.LIFE is an independent contractor and not an employee of THE CLIENT(S).
4. RESERVATION & RETAINER: Upon your signatures on this Agreement, and payment of the Retainer (defined below), imagery.LIFE will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Retainer of 50% of the package cost is non‐refundable, even if the date is changed or the wedding is canceled for any reason, including acts of God, acts of war or terrorism, fire, labors strikes, or disruptions extreme weather, or any declared or undeclared public health emergency. The Retainer is to be paid at the time of signing the contract. The Retainer is applied toward the contracted wedding photography package. THE CLIENT(S) understands and agrees that the entire amount owed for the wedding photography package described in the contract is due on or before the Wedding. In the event the CLIENT(S) reschedules the Wedding, an additional Rescheduling Fee of One Thousand Dollars ($1,000.00) shall be added to the Price.
5. FINAL IMAGE DELIVERY:
After the Wedding, imagery.LIFE will provide THE CLIENT(S) with a private website that will display all edited digital image proofs. The average wedding gallery will include 300‐500 images for a full-day wedding, depending on the scope of the wedding day. All images that don't make a selection are deleted as editing occurs. The actual number of released images is at the sole and exclusive discretion of imagery.LIFE. Additional images may be requested by CLIENT(S), but are not guaranteed by imagery.LIFE if additional images do not meet with the quality or style-fitting imagery.LIFE’s business, brand, or professional standing, as they were likely culled during editing. After approval of the gallery images, and any additional editing requests have been received, a digital download link or USB thumb drive of digital photographs will be prepared and provided to THE CLIENT(S). This digital download link or USB will contain all images from the gallery (at the agreed-upon size from the package and contract, with print rights only), prepared at a size suitable for electronic distribution and social media sharing. Before the time of Final Image Delivery, THE CLIENT(S) will make the final payment of any additional charges for prints, or additional services to imagery.LIFE. Images will not be released in the gallery or USB format if a balance is remaining for the event photography itself. Additional prints and costs associated with prints/media ordered after the gallery is live will be invoiced directly to the CLIENT, and must be paid within 30 days.
6. CANCELLATION: In the event that THE CLIENT(S) cancel(s) the wedding photography services outlined in this contract before the wedding ceremony takes place for any reason whatsoever, THE CLIENT(S) agree(s) to pay imagery.LIFE liquidated damages equivalent to the Reservation Deposit.
7. TERMINATION AND CANCELLATION: This Agreement may be terminated under any of the following conditions:
a. At the Client’s Discretion.
Client understands that pursuant to this Contract, imagery.LIFE may forgo opportunities to book other business on the Wedding/Event Date. CLIENT understands that in exchange for this consideration, CLIENT agrees to the following scenarios with regard to refunds/application of monies paid by imagery.LIFE.
(i) In the event that the CLIENT reschedules the Wedding/event imagery.LIFE is able to rebook the original Wedding/event Date, imagery.LIFE will amend the Wedding/event Date in this contract and the CLIENT will receive credit for all monies paid up to the date Client requests the Wedding/event be rescheduled. In the event that the CLIENT reschedules the Wedding/event and imagery.LIFE is NOT able to rebook the original Wedding/event Date, imagery.LIFE will amend the Wedding/event Date in this contract and the CLIENT will forfeit the Reservation Deposit.
(ii) In the event that the CLIENT cancels the Wedding/event outright, CLIENT will forfeit all monies paid up to the date CLIENT notifies imagery.LIFE that the Wedding/event is canceled. Cancellation must be in writing even if a phone call was made to inform imagery.LIFE of the cancellation.
b. At imagery.LIFE’s discretion.
(i) In the unlikely event that imagery.LIFE is unable to provide the services described in this Agreement on the Wedding/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 Imagery.LIFE , 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, 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, Imagery.LIFE 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, Imagery.LIFE will effect such refunds to the person or entity from whom or from which the funds were derived.
8. PRE‐EVENT CONSULTATION: It is strongly recommended that THE CLIENT(S) schedule a pre‐event consultation before the wedding date to finalize the actual shooting times and locations. THE CLIENT(S) will provide a final schedule of the wedding day two (2) weeks before the day of the wedding.
9. EVENT GUIDE: THE CLIENT(S) will be responsible for designating an “EVENT GUIDE.” The role of the EVENT GUIDE 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(S) develop (with or without the assistance of imagery.LIFE) a list of desired poses, locations, and subjects (family and friends; items; etc.) well before the wedding. The photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). This event guide in portion, or in entirety may be part of the pre‐event consultation mentioned above.
10. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. imagery.LIFE is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Imagery.LIFE. Imagery.LIFE recommends that THE CLIENT(S) designate(s) an "event guide" (see PRE‐EVENT CONSULTATION and EVENT GUIDE above) to point out important individuals to the photographer, whom THE CLIENT(S) wish(es) to include in informal or candid photographs.
11. HOUSE RULES: The photographer is limited by the guidelines of the ceremony officiant or the reception site management. THE CLIENT(S) agree(s) to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; imagery.LIFE will offer technical recommendations only.
12. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives, or prints produced by imagery.LIFE is protected by U.S. Copyright Law (all rights reserved) and may not be reproduced in any manner without imagery.LIFE’s explicit written permission. Upon final payment by THE CLIENT(S), limited copyright ownership of the resulting images will be transferred to THE CLIENT(S) under the following conditions:
a. The negatives and/or digital files, if provided, are the property of THE CLIENT(S) for personal use and the purposes of print reproduction and distribution of photographs to friends and relatives.
b. These images may not be used for financial gain, stock photography, advertising, or resale.
c. CLIENT agrees to review imagery.LIFE within one month of the date the final images are released.
d. The.RAW files will never be distributed to the client unless agreed upon in a specific instance and for a specific reason by the Photographer (imagery. LIFE), and with a clear written agreement for the use rights and rights release to be signed by both the CLIENT and imagery.LIFE.
e. Unedited images will never be distributed to the client unless agreed upon in a specific instance and for a specific reason by the Photographer (imagery. LIFE ), and with a clear written agreement for the use rights and rights release to be signed by both the CLIENT and Imagery.LIFE.
f. Culled images deemed unworthy by the photographer, in the photographer’s sole and exclusive discretion, for release into the client gallery will never be distributed unless agreed upon in a specific instance and for a specific reason by the Photographer (imagery. LIFE), and with a clear written agreement for the use rights and rights release to be signed by both the CLIENT and imagery.LIFE.
13. MODEL RELEASE: THE CLIENT(S) hereby assign(s) and grant(s) imagery.LIFE and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT(S) or in which THE CLIENT(S) may be included, for editorial, trade, advertising, or any other purpose and in any manner and medium; to alter the same without restriction; to copyright the same. THE CLIENT(S) hereby release(s) imagery.LIFE and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that imagery.LIFE may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, storefronts, window displays, studio display, television advertising, magazine advertising, and any other purpose thought proper by imagery.LIFE.
14. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that imagery.LIFE will act as the sole and exclusive wedding photographer. imagery.LIFE reserves the right to bring one assistant at their discretion. Since flashes from guests’ cameras may ruin shots taken by imagery.LIFE, THE CLIENT(S) acknowledge(s) that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer is in session. The formal photography time is for the exclusive use of a PHOTOGRAPHER to capture the formal wedding portraits. Due to time constraints and the need for subjects to pay full attention to the professional photographer, guest photography is requested to be done at a separate time. Where the Photographer and his assistant are required to work beyond 4 hours, a break of 15 minutes will be required, and where possible a hot meal and a drink be supplied. If the Wedding venue is beyond a one-hour drive from the photographer’s home, or if The Photographer is required to work beyond 11 pm, The Photographer may request a separate hotel room be provided for both The Photographer and his assistant. If The Photographer must travel beyond a one-hour drive from the photographer’s home, THE CLIENT(S) acknowledge(s) that they are responsible for reimbursing imagery.LIFE for mileage that is equal to the IRS standard reimbursement for the current year.
15. COMPLETION SCHEDULE: imagery.LIFE will deliver the online gallery of culled and edited images between 8‐16 weeks from the date of the EVENT. This is subject to change without notice from imagery.LIFE. Print processing, approval, and delivery take approximately four weeks. Creation of a wedding album takes six to ten weeks, enlargements one to two weeks or possibly longer when laboratory and bindery schedules are heavy.
16. PAYMENTS: THE CLIENT agrees that a 50% Retainer is required at the time of contract acceptance and 100% of the remaining balance is due 30 days before the day of the event. The Retainer of 50% of the package cost is non‐refundable, even if the date is changed or the wedding is canceled for any reason, including acts of God, fire, strike, and/or extreme weather. The retainer is to be paid at the time of signing the contract. The Retainer is applied toward the contracted wedding photography package. THE CLIENT(S) understands and agrees that the entire amount owed for the wedding photography package described in the contract is due 30 days before the day of the wedding.
17. METHOD OF PAYMENT: Payment may be made by:
a. cash
b. check (written to imagery. LIFE ), images will be withheld until the check clears. There is a $150 charge on payments returned or bounced checks for any reason.
18. LIMIT OF LIABILITY: imagery.LIFE warrants and declares 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. imagery.LIFE 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 are limited to the return of all payments received for the event package. imagery.LIFE takes the utmost care with respect to the 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 imagery.LIFE’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein.
19. NON‐GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, imagery.LIFE cannot place an unconditional guarantee on the above. imagery.LIFE will not be held responsible for any ruined photographs due to guests; or any other ruined photographs due to any other cause in or outside of imagery.LIFE’s control.
20. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications are specifically placed in writing, attached, dated, and signed by THE CLIENT and imagery.LIFE at the time of acceptance of this contract shall be recognized as amendments to this contract.
21. PROFESSIONAL IMAGE MANIPULATION: imagery.LIFE will allow for limited professional image manipulation (if technically possible) on any image(s) of THE CLIENT’S choice. No image may be professionally altered by anyone other than imagery.LIFE without express written consent from the PHOTOGRAPHER (imagery. LIFE). Any personal editing done by the CLIENT on a print‐right‐only image or digital negative must not have imagery.LIFE’s watermark, must not be posted online, or contain any indication that this was the result of editing done by imagery.LIFE.
22. PHOTOGRAPHER’S TIME & WORKING HOURS: The Photographer’s time and working hours are agreed upon in each wedding package and will begin at the time of The Photographer’s arrival and concludes when The Photographer leaves the venue. The Photographer agrees to remain present and active until released from duties by the client, the event concludes, or paid-for time expires. The Photographer cannot guarantee that additional time will be available. If additional time is required, or if The Photographer is requested to remain on-site longer than contracted for, the client agrees to reimburse the photographer $200.00 per additional hour per photographer present.
23. HARASSMENT: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by imagery.LIFE shall be the responsibility of the Client. In the event imagery.LIFE or any of their employees experience any inappropriate, threatening, hostile, or offensive behavior 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: the offending person will be required to leave the wedding or event; third offense: imagery.LIFE will end wedding coverage immediately and leave the event, with imagery.LIFE shall be entitled to retain all monies paid hereunder and the Client agrees to relieve and hold imagery.LIFE harmless as a result of incomplete wedding or event photography coverage.
24. 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, either 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 the Client agrees to relieve and hold Photographer harmless and without liability as a result of incomplete wedding or event photography coverage.
25. FEEDING THE PHOTOGRAPHER(S): Meals will be provided to the Photographer(s) at appropriate meal times during the wedding day when there are six or more hours of coverage. Meals are to be provided at the time the Bride & groom are eating. 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. The Photographer must be able to eat as near to the time as the Bride and Groom eat to ensure that the Photographer(s) can be finished eating before the toasts or any other part of the reception occurs that should be photographed.
26. PERMISSIONS & PERMITS: It is the Client's responsibility to obtain permission for entry and for photographic services, including financial responsibility for any necessary permits, at all applicable locations and to advise the photographer of any restrictions or policies in place at all applicable locations.
27. CHOICE OF LAW: This Agreement shall be construed, interpreted, and governed in accordance with the laws of the Commonwealth of Pennsylvania, and should any provision of this Agreement be determined by a court of competent jurisdiction to be invalid, it shall not affect any of the remaining provisions, which shall remain in full force and effect.
28. VENUE & JURISDICTION: The parties agree that the Court of Common Pleas of Lehigh County, Pennsylvania shall have sole and exclusive jurisdiction over any dispute that arises hereunder.
29. ATTORNEYS’ FEES: If the imagery.LIFE has to retain counsel to enforce its rights under this Agreement, CLIENT shall be liable for imagery.LIFE’s attorneys’ fees and expenses, whether or not litigation is commenced.