How to write up a contract for a wedding photographer. Can you help?
I found a photographer who will do my wedding for free to bulk up her portfolio. Her work is quite wonderful, so I am quite excited, but I feel I need a contract. Our arrangement isn’t traditional, so I don’t want her to bail at the last minute (I don’t know her well enough to know if she would do that or not). Can anyone give me an example of a wedding photography contract? Can they still bail despite a contract?
Here’s a sample, you can just modify it to fit your needs:
1. This agreement constitutes an order for wedding portraiture services, including the taking of wedding pictures as agreed to by both parties: The Studio and Contracting Party (Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of the Studio and may be used for advertising, display or any other purpose thought proper by the Studio.
2. If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer’s illness or injury, then Studio will return all fees to the Client(s) but shall have no further liability with respect to this 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 Photographer. Client(s) agree that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re shoot and limits Studio’s liability to the amount paid under this contract.
3. It is understood and agreed that no other photographer will be allowed to photograph or take pictures at the wedding while the Photographer is working.
4. On signing of this agreement by both parties hereto, the Studio will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the wedding becomes cancelled for any reason.
5. The service fee is ____ includes ____ hours of photography. A deposit of ____ is due at the signing of this agreement, with a further payment of all necessary expenses (unless otherwise specified) such a films cost, development, batteries, parking, fuel, travel, taxi, hotel charges, etc., to be paid at the date of the event. No photography will take place and no rights are granted until timely payment is made in full. Late payment fees may apply. The fee is non refundable in case of cancellation or date change by client.
I / we, the undersigned Contracting Party, hereby warrant that I am / we are competent to contract in my / our own name(s). I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement with all blank lines completed.
Rewritten for you:
1. This agreement constitutes an order for wedding portraiture services, including the taking of wedding pictures as agreed to by both parties: The Studio and Contracting Party (Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of the Studio and may be used for advertising, display or any other purpose thought proper by the Studio. The client will receive high resolution, edited copies of all images and granted rights to reprint at will.
2. If Photographer cannot perform this Agreement in whole due to their own negligence or illness (not acts of god) the studio will reimburse clients for the cost of hiring another photographer or find a suitable replacement.
3. It is understood and agreed that no other photographer will be allowed to photograph or take pictures at the wedding while the Photographer is working.
4. On signing of this agreement by both parties hereto, the Studio will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the wedding becomes cancelled for any reason.
5. The service fee of $0 includes ____ hours of photography. The fee of $0 is understood to be a trade between the photographer’s time in exchange for images for their portfolio.
I / we, the undersigned Contracting Party, hereby warrant that I am / we are competent to contract in my / our own name(s). I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement with all blank lines completed.
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