Okay, now for the boring bit. The T's and C's.
THIS AGREEMENT is made between the Client hereby named in this booking form and Emily Sandoval Photography (“Photographer”).
Engagement of Photographer
1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”) in connection with the wedding of Client Name and Second Signer Name(the “Wedding”).
As part of the Services, the Photographer will produce or take similar action to create materials from Images taken on the Client's wedding day, and edit them in a manner similar to the images produced for as advertised on the Photographer's website. “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.
The Photographer will provide the Client with a private online gallery. The gallery will be available to the Client for 3 months after being released to the Client, unless agreed in writing between the two parties.
In the act of engaging the Photographer, the Client agrees that they have seen work previously produced by the Photographer and this is the style they want for their photos. This is the style the Photographer will produce for them in their wedding photos. The Client agrees that once their photos are delivered to them, they will not ask the Photographer to 're-edit' the photos in another style.
1.2 Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services in coverage of the Wedding, unless otherwise agreed to by the parties in writing.
2. Fees and Booking Fee
2.1 Fees. Client will pay Photographer the fees set out herein in this Section 2.1 (“Fees”).
Total Fee for Services: The fee for services is as follows:
£2000 for 8 hours
£300 for a second photographer to be present on the wedding day
Additional Hourly Pricing: £200
Booking fee due upon signing: £400
Remaining fee is due exactly 4 weeks before wedding date.
If shorter coverage is required, the Photographer will agree a price and a payment plan with the Client in writing. Full payment must be received 4 weeks before the date of the Wedding, or the Photographer’s services will be no longer engaged.
2.2 Booking Fee. Client acknowledges and agrees that the Booking Fee amount set out above is due upon the signing of this Agreement and is not refundable (“Booking Fee”), so as to fairly compensate Photographer for committing her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Booking Fee will be credited towards the total Fees payable by Client.
2.3 Invoice. Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding fees exactly 4 weeks before the Wedding Date. If the fee is not delivered 20 days before the Wedding Date this contract is considered null and void, with the Photographer no longer engaged.
3. Purpose
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
4. The Client and Client’s Party
The Client signs and accepts the Terms and Conditions of this contract on behalf of all those who are present at the Wedding, in other words any person who will be photographed by the Photographer at the event, or appears in the background of other photographs.
All those present at the event, excluding the Client, are known in this contract as ‘the guests’ or ‘the Wedding party’ or ‘the Client’s party’. If one or more members of the Client’s Party is under 18, by law considered a minor, The Client consents to the possibility of their photo being taken as the focus of the photo or as it may appear in the background of others. The Photographer is not responsible for any person under the age of 18.
5. Reservation
Upon your signature and receipt of the Booking Fee, the photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Booking Fee is non-refundable, even if the date is changed or wedding cancelled for any reason, including acts of God, fire, extreme weather, illness or global pandemics. The Reservation Booking Fee is to be paid at time of signing the contract. The Reservation Booking Fee is applied towards the contracted Wedding Package. The Client understands and agrees that the entire amount owed for the Package described in the contract is due exactly 30 days before 'the Wedding date' agreed in the contract.
6. Party Cooperation
Both parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible if key individuals fail to appear, such as individuals within the Wedding Party, fail to cooperate during the Wedding, or for failure to capture images due to details not revealed to the Photographer prior to the Wedding. The Photographer is not responsible if wedding guests do not cooperate and cannot be held responsible if the Client's desired images are not captured as a result of non-cooperative guests.
7. Shooting Time / Additions
The Photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that cheerful cooperation and punctuality by all members of the client’s party are therefore essential to that purpose. Shooting commences at the scheduled start time agreed by both parties, stated in this contract. Should additional photography and/or travel time, that is not included in the agreed package, be requested by the Client, it will be charged out at £50 per half hour.
8. House Rules
The Photographer is limited by the guidelines of ceremony officials or reception site management. Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
Any photos produced by the Photographer are not to be edited or changed by anyone other than the Photographer, including cropping, colour changing, or any other form of change. If changes are required, they can only be made with written permission from the Photographer. The Photographer will not provide the raw images under any circumstances.The Photographer will not compete with any guests or other professional photographers, and in such circumstances may leave the Wedding without providing a refund of any kind.
9. Digital images, Prints and Copyrights
The photographs, digital image files or prints produced by the Photographer are protected by International Copyright law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client may receive a copy of the digital photographs on a memory stick, if it has been agreed upon as part of the Package. If so, the Client may reproduce any images in any manner they like for sharing and enjoyment of friends and relatives. However, the Client must obtain written permission from the Photographer prior to the Client or their friends and relatives publishing or selling the photographs for profit. The Photographer holds the rights to share any photos and images produced, with due acknowledgement of clause 11 regarding minors.
10. Model Release
The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted rights to use and publish photographs of the Client and the Client’s party, or in which the Client and the Client’s party may be included, for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
11. Parental Consent
By signing this contract, the Client accepts responsibility for any person in their Wedding party or guests, or anyone attending the wedding under the age of 18, by law considered a Minor, and consents to their photographs being taken by the Photographer. By signing this contract The Client understands that all forms stated in Section 8 are applicable to the minor. Anyone under the age of 18 is not able to sign this contract.
12. Cooperation of Client and Client’s Party
The Client is responsible for the conduct of the Client’s party. Coordination with other service providers (Client’s Party) is necessary to complete all the photography as scheduled. The Client should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the Wedding should be planned to make the best use of time for all vendors. The Photographer will not tolerate verbally or physically abusive behaviour, nor will the Photographer share its time or compete with guest photographers for the attention of the subjects. Unchecked conduct from either the Client, the Wedding party, the guests or the Client’s party that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the Client is unable to control the conduct of their guests or Wedding party or if the conduct of any of their guests or Wedding party damages any of the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given and they will incur a fine for the damage inflicted on the Photographers equipment.
13. Completion Schedule
The Client agrees that no part of the Wedding Package, including previews (if any) will be delivered until the out-standing balance is paid in full. The Photographer agrees to deliver the images within 3 months of the wedding date.
14. Payments and Remunerations
The entire fee is payable upon booking; once paid, this secures the date of the Wedding. The Client understands that this is non-refundable. Payment of The Client also understands that once paid, the total fee will be non-refundable. The Client agrees to provide a light meal for both the primary and secondary photographers, when they have been booked for over 4 hours.
15. Limit of Liability
In the unlikely event of severe medical, nature, or other emergency it could be necessary to retain a different photographer, or for the Photographer to not attend the Wedding. In the event that no photographer is able to make the Wedding for one of the reasons aforementioned, the Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability of partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
16. Pre-Event Consultation
The parties agree to a pre-event consultation before the Wedding Day in order to finalise the actual shooting times, locations, and Client’s request list (in writing) for specific photographs. The Client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.
17. Non-Guarantee
Although every possible care will be taken to produce photographs of all important and special moments during the Wedding, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to any guests or Client’s party flashes; or any other ruined photographs due to any other cause in or outside the Photographer’s control.
18. Performance
The performance of this contract on behalf of the Photographer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, global pandemics and / or conditions beyond its control.
19. Contract Validity
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and other provisions of the agreement shall remain in full force and effect.
20. Amendments
This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the Client and the Photographer at the time of this signing shall be recognised as amendments to this contract.
