Electronic Wedding Contract



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HEDGES PHOTOGRAPHY ELECTRONIC WEDDING CONTRACT

This AGREEMENT is entered between Hedges Photography (hereinafter referred to as the “Photographer”); and Bride, and Groom, and Payee (as entered on this electronic form, hereinafter referred to collectively as the “Client”.  This event will take place at the locations stated on this electronic form, with respect to the creation of certain images (hereinafter referred to as the “Images”):

  • a. WHEREAS, Photographer is a professional photographer of good standing;
  • b. WHEREAS, Client wishes the Photographer to create the Images described more fully herein;
  • c. WHEREAS, Photographer wishes to create such Images pursuant to this Agreement;

NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

1. Description. The Photographer agrees to create the Images in accordance with the following specifications:

  • a. Description of Images: [Bride and Groom’s name] Event Photos;
  • b. Date of Event listed on this Electronic Wedding Contract Form;
  • c. Photographer (Wedding Base Rate of $2,000) - Photography of event day at the sole artistic discretion of the Photographer. Requests for specific shots can be made to the photographer, however, no shots throughout the day are guaranteed (such as, but not limited to, formals, first kiss, a perfect shot of the bouquet toss, etc.). Client acknowledges that the photographer(s) is using their artistic discretion to create photographs within the photographers professional abilities. Photographer will be present on event day and has sole discretion on the amount of time spent at the event and the number of images captured according to the terms outlined in the packaged purchased by Client, if any.

2. Use of Images. Images are strictly produced for the client’s private home, printing, sharing social media, and personal use only. Images may not be used for commercial or publications without signature of photographer. Client assumes all liability for any form of copyright infringement.

3. Grant of Rights. Photographer hereby grants to the Client the following exclusive rights to use the Images for use as (Personal Demo) for the product or publication named in paragraph 1(a). These rights shall be worldwide and for the full life of the copyright and any renewals thereof unless specified to the contrary here: Unless media sold to outside party. This grant of rights includes electronic rights, unless specified to the contrary here. Electronic rights granted shall be subject to the usage restrictions shown above. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DV media, computer databases, and network servers. The Client is obtaining prints and digital images for personal use only including non-commercial web sites, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If any of the Photographer's images are published (on the web or any other media), proper photo credit such as “© Photo by Hedges-Photo.com” is required. If Client is obtaining a print for newspaper announcement of the event/wedding, Photographer authorizes Client to reproduce the print in the above manner.

4. Fee. Client understands that fees are for photography, printing, and miscellaneous services set forth in paragraph 1 herein, including usage rights granted herein. In the event of a termination/delay of the event by the Client, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Termination by the Client shall be in writing and sent by registered mail to the Photographer.  Acceptable forms of payment include cash, personal checks and online payment via Hedges-Photo.com store as instructed by the Photographer. By paying any deposits and payments, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Please make checks payable to "Hedges Photography".

5. Expenses. Client agrees to reimburse the Photographer for all reasonable expenses incurred in creating the Images, provided that such expenses shall be itemized and supported by invoices. Client is responsible for all Out-of-Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as it becomes available.

6. Payment. Client agrees to pay the Photographer one-third of the full price of the agreed-upon package (hereinafter referred to as the “Full Price”) upon the signing of this Agreement. Client agrees to pay the second one-third of the Full Price no later than two months prior to the event date. Client agrees to pay the Photographer the remaining balance one month before day of photography services (day of event). Failure to make minimum-required payments by the dates outlined above can result in forfeiture of the reservation of services by the Photographer as well as forfeiture of any payment already received by the Photographer towards the Full Price, at the discretion of the Photographer. Upon signature, the Photographer reserves the time and date agreed upon. For this reason, all reservation fees are non-refundable, even if the event date is changed or canceled for any reason. There shall be NO refund of any payment made. Client understands that the photographer is reserving the particular date in question and turning away any other potential work on that date therefore no refund is permitted. If final payment is not received prior to the event date, the Photographer will not be expected to attend said event. If additional hours are worked, products will not be delivered until payment for the additional services is received in full. A $25.00 fee with will be charged for any returned bank checks. If Client fails, or refuses payment or delivery by the terms set forth, the Photographer shall charge the Client a service fee of $50.00 plus 2% interest per month.

7. Liability. With notice to Clients, The Photographer has the right to exit the venue or building if he/she experiences a life-threatening situation or is subject to an extreme or hostile environment. The Photographer and any agents or third party associates working on the Photographer’s behalf will not be liable in the unlikely event that a problem arises, whether accidental or through acts of Nature (i.e., traffic accidents, natural disasters). The Photographer is not responsible for the interference of photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, digital storage media malfunction, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photography (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of not more than the total payments received from the Client under this Agreement.

8. Authorship Credit. Authorship credit in the name of the Photographer [i.e., Hedges Photography] shall accompany the Images when reproduced, a tag of Photographer name or photography website on social media is appreciated. The original photographers edits are a form of the artistic value of photographer, and represents the style and business, please do not use harsh overlays or colored filters on the artists photos when posting on social media.

9. Copyright Notice. Copyright notice in the name of the Photographer [i.e., Hedges Photography] shall accompany the Images when reproduced. All copyrights, as well as originals, be they negatives or digital, remain the sole property of the Photographer. In the event that digital negatives are provided, the photographer still retains copyrights on the photographs.

10. Ownership of Physical Images and Storage Media. The ownership of the physical Images in the form delivered shall be the property of the Photographer. Sketches and any other materials created in the process of making the finished Images shall remain the sole property of the Photographer. Storage media (such as computer disks and digital cards) that contain electronic copy of any or all of the Images shall be the sole property of the Photographer. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.

11. Storage of Digital Media. All digital images are stored by the Photographer for two years from the date of the event. Order requests may not be accepted after this two year period has elapsed. Customers are strongly urged to backup purchased images.

12. Warranty and Indemnity. The Photographer warrants and represents that he or she is the sole creator of the Images and owns all rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Photographer against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.

13. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration in Frankfort, Kentucky, pursuant to the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

14. Assignment. The Photographer shall have the right to assign monies due to him or her under the terms of this Agreement, but shall not make any other assignments hereunder.

15. Term and Termination. Subject to paragraph 4 (Fee), the Client may terminate this Agreement at any time prior to the Photographer’s commencement of work and may terminate thereafter if the Photographer fails to adhere to the specifications or schedule for the Images. This Agreement shall also terminate in the event of the Photographer’s bankruptcy or insolvency. The rights and obligations of the parties pursuant to Paragraphs 3, 8, 9, 10, 11, 12, 13, and 14 shall survive termination of this Agreement.

16. Miscellany. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of Kentucky.

17. Permissions to Photograph. It is the sole responsibility of the Client to secure permission of the church, synagogue or other venue of the event for the Photographer to photograph the ceremony/event. The Client shall insure the placement of the bridal party, the officiant(s) and the altar decorations so as to not obscure the view of the bride and groom. The Photographer will abide by the rules of the church/synagogue in regards to camera placement at the ceremony. The Client is responsible for the payment of any photography permit fee that may be imposed by a city, county, state agency, private venue/business or otherwise. In the event Clients fail or refuse to pay for any such permit fee despite having been informed by the Photographer that such fee is required, Client is responsible for any and all related costs or fines if applicable.

18. Final Photo Product. The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer, especially during live or unstaged events such as weddings. It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as she sees fit. The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final Images. It is recommended to place photos and albums in a dry, cool, shaded area and never in direct sunlight in order to maximize the archive life. Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference. Client is aware that images may take 6-8 weeks to edit and post after event date, depending on size of event, and if there are 2 shooters.

19. Event Food Service. It is clients’ option to provide the photographer and any party working on behalf of the photographer (assistants) food and drink for events of 5 hours or longer. If no meal is provided, it is understood that the photographer and assistant(s) may take a 20 minute break to obtain a meal/drink/bathroom break. The photographer is not responsible for any photos that may be missed during this break. The Photographer and assistant may request a seat near the client party table area during the reception to be in the midst of the events as they occur.

20. Model Release. The signing of this agreement by the Clients constitutes a commercial model release by the Clients to the Photographer. The Photographer will have the right to make reproductions including but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. Client waives the right of tort of invasion of privacy due to any reproductions.

21. Photographer Substitution. The Photographer may substitute another photographer to take the photographs in the event of Photographer's illness or any acts of God. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

22. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event and other contracted event(s). No other professional cameras allowed at the event. Family and friends of the Client shall be permitted to photograph the event as long as they shall not interfere (e.g. standing in front of or behind the photographer) with the Photographer's duties, do not interfere with the quality of the Photographer’s services (e.g. use of flash photography or other potentially distracting lighting during ceremony and group shots) and do not photograph poses arranged by the Photographer.

23. Coordinator/Planner. Due to the nature of typical wedding/event day and varieties of events taking place in several locations, the photographer will frequently move, change and secure her equipment throughout the day. It is likely that the photographer is not in the proximity as certain wedding events are about to take place. It is the responsibility of the Client, or an agent on behalf of the Client (e.g. wedding party, parents, bride, or wedding coordinator/planner), to inform the photographer when the next major event is about to take place. For example, starting of ceremony, first dance, cake cutting, bouquet toss ...etc. In addition, the Client or an agent on the Client’s behalf shall be responsible in organizing and tracking all posed photos that are required. The photographer is there to take photos of all groups but is not responsible for organizing and tracking all the groups and their parties. Photographer can not responsible for missing photographs if subjects are late. Client must provide a timeline ONE WEEK before the event day to ensure event party, family, bride and groom is on time and aware of photography events.

24. Receipt for Deposit. Deposit amount, which is a minimum of $600, (as checked on this Electronic Wedding Contract) will be in the method of: check, cash, money order, paypal, or online payment with credit card. Client will choose which method is best. This first payment deposit to book your date must be turned in along with signing this Wedding Contract. Hedges Photography can not book your event without this contract signed and turned in. Typically, package payments are split up 1st deposit of $600, 2nd deposit $700, 3rd and final deposit of $700, to equal the total amount of the $2000 Wedding Base Rate. Client agrees that all balances will be paid one month before event date.

IN WITNESS WHEREOF, the all parties hereto have signed this Electronic Wedding Contract on this website, hedges-photo.com. Agreement as of the date first set forth.

CLIENT will include electronic signature and act as his/her own person signature to represent the full cooperation, agreement, proof of reading and understanding of this contract.

CLIENT will provide today’s date on this Electronic Wedding Contract.

CLIENT will provide his / her home address, phone, and email via Electronic Wedding Contract.

CLIENT will provide a list of services and or products they have chosen for wedding package, along with any notes they would like to add pertaining to the agreement of wedding package using this Electronic Wedding Contract.

IN WITNESS WHEREOF, all parties hereto have read and agreed to all sections within the Electronic Wedding Contract above, and signed this Electronic Contract Form. By signing this Electronic Contract below, it will represent your true signature for the Hedges Photography Electronic Wedding Contract above. Agreement as of the date first set forth.



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Thank you from Hedges Photography!

Thank you for signing your electronic wedding photography contract! Charity Hedges will be in contact with you very soon to discuss any other meetings or session appointments that need to be held before the wedding day. We hope you found this as an easy process rather than mailing in a contract via USPS. Thank you for your business!

CHARITY HEDGES, owner

WWW.HEDGES-PHOTO.COM

502-229-2655

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