The Couple listed on page 1 is hereinafter referred to as the “Client.” Nichole Collins is hereinafter referred to as “Photographer.” Photographer
is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the
sessiton set forth on page 1.
. SESSION DETAILS Client is guaranteed session package details set forth on page 1 of the Agreement. Photographer will be the exclusive photographer during the session. No other photography is allowed (unless Second Photographer is agreed upon).
3. SESSION FEE Client agrees to pay the session fee set forth on the pricing page of this Agreement to book Client’s session with Photographer. All prints and art products are sold separately. If the photographer is required to stay at the wedding longer than the agreed upon set of hours, the client will be charged $150 for every additional hour.
4. RESCHEDULING/ CANCELLATION
Photographer understands that issues can creep up and that it may be in everyone’s best interest to reschedule a wedding. Although, once contract is signed for a specific date, the deposit is only good for that specific date, as the Photographer will now turn away any other couples looking to book that date. If Client has to reschedule wedding to a later date, their deposit will follow them to their new date ONLY IF Photographer is able to book a new couple on previous selected date. If Photographer does not book a new Client for 2 months after notification from current Client of the reschedule, Client will have to pay a new deposit for the new date, and sign a new contract. If health issues arise, Photographer will do her best to reschedule Client’s session, while the Client will do his/her best to notify Photographer at least 48 hours prior to the session, or at least as soon as possible after the issue is identified. If in-climate weather is an issue the day of the session, Photographer will notify client at least 6 hours prior to reschedule. 5. EDITING & PROOFING Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. Photographer will only deliver high-resolution, edited .jpeg images to client and will not send RAW files to client under any circumstance. High-resolution photos may contain a mixture of color, black and white, and selective color images. Client agrees and understands that Photographer edits the proofs at her own artistic discretion, and said editing is included in the session package fee. Blemishes, acne, flyaway hairs and any photo nuisances will be removed.
5. EDITING & PROOFING Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. Photographer will only deliver high-resolution, edited .jpeg images to client and will not send RAW files to client under any circumstance. High-resolution photos may contain a mixture of color, black and white, and selective color images. Client agrees and understands that Photographer edits the proofs at her own artistic discretion, and said editing is included in the session package fee. Blemishes, acne, flyaway hairs and any photo nuisances will be removed.
6. PHOTO DELIVERY Client will receive 5-10 teaser photos the day after the wedding. Full album delivery will be delivered 4-6 weeks after the wedding. Photographer will hand deliver or mail (if the bride and groom do not live locally) USB and photographer will email an online password-protected gallery to clients between 4 and 6 weeks after Photographer is finished with the image editing process. All photos will have access to high resolution download. The online gallery will be available for 1 year from the date of the first publication, within which all downloads must be placed. Client will have access to print all photos on their own time.
7. TRAVEL The Photographer will charge $30/hour after the first hour (first hour of driving will not have a travel fee). Depending on how late the wedding goes to, and how far away it is, one night stay may be required. If wedding is more than 4 hours away, the photographer will be asked to be hosted for 1 night. If the wedding is a destination wedding, the flight to the location will need to be paid for by the client, as well as two nights stay.
8. DINNER The client will provide dinner for the photographer and her second photographer (if needed) the night of the wedding.
9. REFUNDS Due to the custom nature of photography services, all purchased products cannot be refunded and all money paid is nonrefundable with any excuses. A 50% non-refundable deposit is due at the time of contract signing. If Photographer is unable to attend wedding due to unforeseen circumstances (car accident or death), deposit will be refunded. If Photographer is unable to attend wedding due to illness, Photographer will provide a replacement Photographer, and Nichole Collins will edit all those images.
10. ARCHIVE AND STORAGE The Photographer archives all proofed images from each session for a period of 1 year from the date of the session. After that time, the Photographer cannot guarantee all photos will still be accessible for client. The Photographer is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
11. LIMITATION OF LIABILITY If Photographer fails to provide the services hereunder due to reasons other than those listed in Paragraph 9 herein, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client. Client’s recovery is also limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.
12. ASSUMPTION OF RISK; RELEASE OF PHOTOGRAPHER Client acknowledges and understands the inherent risk of injury associated with certain activities that Client may engage in during the session, including but not limited to Photographer taking photographs of Client while posing or engaged in activity in any form of water (including but not limited to a pool, ocean, or lake), hiking, dancing, or recreational activities, driving or riding in a motor vehicle, or any other activity that the Client is engaging in during the session. Client, their heirs, assigns, and next of kin, agree to fully release Photographer, and Photographer’s employees from any and all liability, claims, and/or litigation or other actions that Client may have for injuries, disability, death, or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive, or consequential damages, whether arising in tort, contract, breach of warranty, even if caused by the negligence of the Photographer, or Photographer’s employees.
13. MODEL RELEASE Client hereby grants to Photographer and her legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of client(s), including: bride and groom and wedding attendees. Right to use and publish photos includes: marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction. Client hereby releases Photographer and her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs on Client’s behalf.
14. COPYRIGHT Client understands that Photographer is the sole and exclusive owner of the copyright of each image taken at the wedding. Client will not put Instagram filters on photos when posting to Instagram and other social media platforms. Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent permitted by law.
15. CLIENT USAGE (PERSONAL USE ONLY) Client understands that he/she is obtaining photos for Client’s personal use only. Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. If Client wishes to use any of the images from the session for commercial purposes, Client or Parent or Guardians must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement.
16. HARRASSMENT Client shall ensure the appropriate behavior of themselves at the wedding. In the event Photographer or any of her employees experience any inappropriate, threatening, hostile or offensive behavior from the Clients or its agents/guests at the wedding (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature), Photographer will terminate coverage immediately and leave the wedding. Photographer shall be entitled to retain all monies paid and Vendor agrees to hold Photographer harmless as a result of incomplete photography coverage at the Styled Shoot.
17. SEVERABILITY If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.
18. ENTIRE AGREEMENT; AMENDMENTS This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in a writing signed by both parties.