WEDDING PHOTOGRAPHY CONTRACT This is a legally binding contract between Jimmy Shaddock, DBA Jimmy Shaddock Photography and the client stated above. It supersedes all previous agreements (verbal or written) between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any parties waive or alter part of this agreement, the rest of the agreement remains intact.
CANCELLATIONS If the wedding is cancelled or postponed by the client with more than 30 days prior to the wedding, the nonrefundable retainer payment will not be returned, it being the agreed loss suffered by the photographer due to cancellation. If the wedding is cancelled within 30 days of the wedding, the full amount will still require payment and will be non-refundable. In the unlikely event the photographer determines that he is unable to complete the coverage due to unforeseen circumstances, all money (including the deposit) will be returned to the client
LIMIT OF LIABILITY In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Any legal matters will be held in the photographer’s home state, any legal fees incurred by the photographer as a result of a client prosecution will be paid by the client.
COPYRIGHT, REPRODUCTION AND MODEL RELEASE The copyright of the photographs is retained by the photographer at all times throughout the world. Where a disc of photographs has been included for the clients as part of the wedding collection, these photographs will include a print release and may be printed, and or displayed online, for personal use. Commercial uses must be expressly approved in written form by the photographer and include citation. The photographer retains the right to use the photographs for the purposes of advertising or otherwise promoting his work. Client agrees not to sell any of the files or prints without written permission from the photographer. The client agrees to have themselves and others in their photographs pictured in such a way. The client agrees that they are signing a model release to allow the use of their photographs (of themselves) for the photographer’s business purposes.
RETENTION OF DELIVERED FILES Once the JPEG files are delivered to the client, it is the client’s sole responsibility to protect and retain their images for the future. It is highly recommended that DVDs or USB drives be duplicated and stored in multiple locations that are cool and dry. (Technology can be fickle; one of the best ways to ensure the client’s images will last for generations is for the client to print them.) If client requires old files to be duplicated by the photographer, and they are still within the photographer’s possession, a restocking fee may be applied.
SATISFACTION & ACCURACY The client agrees that the work delivered will be of a similar style and caliber to those photographs on our website and blog, and that the photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in JPEG format with a mix of color and black and white images, and deemed appropriate by the photographer. No re-editing will be done after the final edited copies are presented to the client. The client agrees that the photographer can only capture the wedding that happens; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the photographs. The photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes.
INTERFERENCE/OBSTRUCTION No Clients, weddings guests and attendants or employees of the Client may impede the photographer when he is shooting or performing his duties; failure to comply with this may result in missed moments or fewer delivered images. The responsibility of this will fall on the client to ensure all are in compliance. The private portraits with bride and groom must remain private, in addition to the photographer(s) of Jimmy Shaddock photography. No other individuals of any respect may impede on this private moment. Lighting deficiencies at venues may interfere with photographer’s ability, all attempts to provide adequate lighting situations must be made by the client. No other professional photographers will be hired by the client or located on site photographing the client unless otherwise approved by Jimmy Shaddock Photography.