SAMPLE WEDDING CONTRACT
WEDDING PHOTOGRAPHY AGREEMENT
Print TWO copies; fill in the following information, read and initial pages 1-3, sign page 4, and return. Both bride and groom must sign. Whapaxx Creative is not responsible for mistakes due to missing or incorrect information.
Ceremony time and date:
Name of venue:
Reception time and date:
Name of venue:
Engagement Session time and date:
Name of venue:
COVERAGE ($ ______)
- _____ hours of continuous coverage (inclusive of Wedding Couple/Bridal Portrait Session)
- Engagement Session
- Online password protected wedding gallery for one (1) year
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "the Client", agree that Whapaxx Creative, known as "the Photographer", shall provide services to photograph their wedding and related events to the best of their abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of Barbados shall govern this contract, and any resulting arbitration shall take place within the island of Barbados. The Client assumes responsibility for all collection costs and legal fees incurred by the Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Retainer and Payment: The Client shall reserve the time and date of services by signing and returning this contract with the non-refundable, non-transferable reservation retainer equal to 25% of the total photography fee. No date is reserved until the contract is signed, returned and monies paid. The balance due for photography services must be paid in full on or before _______, 2023. In the event the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation and retain any monies already paid. Returned cheques will be assessed a $150 non-sufficient funds fee, and all future purchases/payments must be paid by Cashiers Cheque. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation: If for any reason the Client cancels this contract before the wedding date, the Photographer will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and sent via email to email@example.com or by Certified Mail by the Barbados Postal Service. If the Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, the Client shall be required to pay the full balance due.
Reschedule: In the event that the Client reschedules the wedding and the Photographer is able to rebook the original wedding date, the Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event the Client reschedules the wedding and the Photographer is not able to rebook the original wedding date, the Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of the original date provided the Photographer is available.
Liability: If the Photographer or their agents are unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and cannot provide another competent professional, all money received by the Photographer, will be returned to the Client, and the Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Media Files: Upon receipt of the photographs from the wedding, the Client accepts all responsibility for archiving and protecting same. The Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology. It is the Client's responsibility to make sure that digital files are copied to new media as required.
Pricing: Services or merchandise not included in this initial contract will be sold at the current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer. All print/album credits and sessions must be used within 6 months of web gallery posting or the photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
Responsibilities: Unless agreed upon in advance, Whapaxx Creative shall be the exclusive photographer retained for the event. The Photographer may bring one assistant at their discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography. Wedding guests may take photos, but it is the responsibility of the Client to prevent family and friends from interfering with the Photographer's duties. The Photographer is not responsible for compromised coverage due to causes beyond her control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. The Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. The Client agrees to confirm the schedule one-week prior to the event and to send the Photographer a copy of the invitation prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If an email is sent, confirmation of receipt must be obtained.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by the Photographer shall be the responsibility of the Client. In the event the Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: The Photographer will end wedding coverage immediately and leave the event. The Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Coverage: The Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution files/or proof sets may contain a mixture of color, black and white, and selective color images. Limited color correction and/or retouching are included at the Photographer's discretion. The Client may request further changes for an additional charge. The Photographer is not responsible for any prints that are not ordered directly from him. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Copyright: All photographs taken by Whapaxx Creative are their property, will remain their property and are protected by Barbados Copyright Laws. The Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this law will be subject to its civil and criminal penalties.
Reproduction: The release grants the Client the right to reproduce the images provided for their personal use only and for the purposes of reproduction and distribution of photographs to friends and relatives and does not allow the photos to be altered, sold or published. The Client further agrees not to supply images to any third parties (including vendors associated with the wedding).
I have read, understand and agree to the terms and conditions of this Agreement. Each person signing as the Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.