Deanna Justine Photography Wedding & Elopement Contract 

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This Wedding & Elopement Photography Contract is entered into on   

  by and between  (bride) & (groom) (herein referred to as CLIENTS) and Deanna Justine Photography (herein referred to as PHOTOGRAPHER), collectively (together herein referred to as PARTIES). 

1. Event Date & Description 

Description: Wedding Photography Package

Date:  MM/DD/YYYY

Wedding Location: TBD

Second Wedding Location (if applicable): TBD OR N/A

Wedding Day Coverage Beginning at & Ending at for a total of # of Hours

Client's Phone Number:   

Client's Mailing Address:  

2. Payment. ALL Parties agree to the following payment and Payment Terms 

Package name and description: Wedding Photography Package

• Number of hours of wedding photography coverage.
• Password protected Online Gallery featuring downloadable web files and high resolution files.
• Access to professional and guaranteed printing services through DJP's shopping cart
• Amount $ of product credit
• Access to high resolution files - may be used for print; DJP CANNOT GUARANTEE QUALITY OF PRINTS FROM A THIRD PARTY, ONLY prints ordered through DJP shopping cart can be guaranteed for quality of image, correct colors, correct brightness, etc).

Total Fee:  Total of Photography Package ($# USD)

Travel Fee (if applicable): applies to wedding coverage outside of 75 mile radius of studio address

Non-Refundable Retainer Due Upon Execution of Agreement (30%):  Thirty Percent of Total Quote ($# USD)

Remaining Balance (70%): Balance Due after Retainer Fee ($# USD) remaining balance may be split in a manner that works for, and is agreed upon by all parties.

Contract & Agreement Below 

Please read the contract in its entirety.

1. DEFINITIONS – The following words contained in this agreement shall have the following meanings: 

• “Photographer” - Deanna Justine Photography and/or any assistant employed. 

• “Client” - the undersigned party to this agreement, other than the Photographer. 

• “Estimate” means the initial bid/price quotation sent to the Client. It contains all the products and services Photographer will be providing and Client will be receiving. It also contains the individual price for each product or service, the total price for all products and services, expenses, and applicable taxes. 

• “Agreement” means the entirety of the terms of this written contract, and the incorporated terms contained in the Estimate. 

• “Breach” means any unilateral action made by Client to terminate the Agreement, any failure by the client to perform the terms of the Agreement, or any action or inaction made by Client that is inconsistent with the terms of the Agreement. 

2. LIMITS OF LIABILITY 

• A. The PHOTOGRAPHER takes the utmost care with respect to exposure (lighting), postprocessing, and delivery of all photographs. However, if PHOTOGRAPHER fails to comply with the terms of this Agreement for any reason, the PHOTOGRAPHER’S liability to the CLIENT is limited solely to a refund of all money paid by CLIENT to the PHOTOGRAPHER, and CLIENT’S sole remedy is receiving at maximum a refund of all money paid by Client to the Photographer. 

• B. In the unlikely event that the digital photography files have been lost, stolen, or destroyed for reasons beyond PHOTOGRAPHER’S control, including but not limited to: camera, hard drive, memory card, computer, or equipment malfunction, the PHOTOGRAPHER’S liability is limited to the return of all payments received for the individual, respective service or product stated on the Estimate that PHOTOGRAPHER is unable to provide.

1. WAIVER OF LIABILITY RELEASE - CLIENT is hereby waiving, releasing, and discharging PHOTOGRAPHER and any/all assistants/affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur. PHOTOGRAPHER shall not be held responsible for any injuries inflicted upon any participating parties.

4. SPECIFIC IMAGES – PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is not responsible for any specific image(s) that are not delivered. CLIENT acknowledges that PHOTOGRAPHER uses a stylized and photojournalistic approach to photography and editing, with few prearranged or posed shots. All editing choices and that are delivered to CLIENT are within the sole discretion of PHOTOGRAPHER. Any failure by PHOTOGRAPHER to deliver any specific image or provide any specific type of photo editing requested by CLIENT is not a breach of this Agreement, does not result in a refund of any money paid by CLIENT to PHOTOGRAPHER, and CLIENT has no further remedy against PHOTOGRAPHER. 

5. AMOUNT OF IMAGES & DELIVERY OF PROOFS – CLIENT understands the photojournalistic nature of PHOTOGRAPHER’S services and agrees that all delivered photos are the full extent of coverage to the best ability of the PHOTOGRAPHER. PHOTOGRAPHER will not provide, and CLIENT is not entitled to receive the RAW format files. 

6. PAYMENT SCHEDULE – CLIENT agrees to pay (%30) retainer fee as described in the Estimate before PHOTOGRAPHER has any obligation to hold the date for the event. CLIENT’S failure to pay the retainer fee and final payment is a material Breach of this Agreement that results in damage to PHOTOGRAPHER and relieves PHOTOGRAPHER from performing any services under this Agreement.  

7. RETAINERS AND FEES

• A. Retainers are transferable to an alternative date for one reschedule event only (in the case of unforeseen and emergency situations). Rescheduling availability is subject to bookings that the photographer already has reserved. If an alternative date is chosen and the photographer is unavailable, all monies paid may be transferred to an alternative service. Retainer fees paid to PHOTOGRAPHER by CLIENTS is non-refundable in the event of CLIENT cancellation. Retainer fees paid to PHOTOGRAPHER by CLIENT is refundable only in the case of PHOTOGRAPHER cancellation.
• B. Travel fee may be required if wedding/elopement is over 60 miles from the center of West Springfield, Pennsylvania. Travel will be charged in the amount of $0.65 per mile each way. An additional fee will be added based on the current market price as needed for coverage of, but not limited to: travel by plane, hotel stay, rental car (and associated costs). This fee amount will be communicated to the client before the time of booking and added to the initial estimate and payment plan. 
• C. PHOTOGRAPHER retain the right to hire an associate photographer in case of unforeseen circumstances and emergencies. In such case, associate will photograph the event and Hughey Photography will complete gallery with normal editing services. The need for an associate does not constitute a refund. If associate cannot be obtained and service cannot be completed on scheduled wedding date, all payments will be refunded. 

8. FINAL PAYMENT – The final payment described on the estimate is due fourteen (14) days before the PHOTOGRAPHER performs the Agreement. PHOTOGRAPHER agrees to accept final payment before the due date. PHOTOGRAPHER reserves the right to break up, split up, divide, or otherwise allow CLIENT or PAYEE to make payments. CLIENT and PAYEE acknowledges that the estimate listed above is for the services, products, and time-frame agreed upon and listed above. If CLIENT wishes to book PHOTOGRAPHER for a different package or time-frame, THIS contract will be VOIDED and a new contract will be written for the adjustments made. If final payment is not complete before scheduled wedding date, photographer retains the right to decline to attend, cover, and deliver images or products for event. PHOTOGRAPHER reserves the discretion and the right to agree to -OR- decline to photograph the event without final payment. NO images will be released or delivered until CLIENT or PAYEE has paid remaining balance IN FULL.

9. TIME ALLOTMENT FOR EDITING - CLIENT agrees to allow PHOTOGRAPHER six (6) to eight (8) weeks for completion of full gallery of images. Client agrees and understands that weddings scheduled between the months of August - October may take up to eight (8) weeks for full gallery completion. Other months are subject to eight (8) week delivery depending on portrait and other wedding bookings. PHOTOGRAPHER agrees to send previews (commonly known as sneak peeks) within forty-eight (48) hours, please be advised that this DOES NOT constitute completion of editing and is done solely as a courtesy to CLIENT. CLIENT understands that previews (sneak-peeks) will not contain a pre-determined amount of images and is at the sole discretion of the PHOTOGRAPHER.

10. CLIENT COOPERATION & UNDELIVERED WORK – PHOTOGRAPHER cannot perform the Agreement without the cooperation of CLIENT. PHOTOGRAPHER shall not be held financially or otherwise responsible for loss of images due to uncooperative parties.

11. SOLE PHOTOGRAPHER EXCLUSIVITY CLAUSE – Deanna Justine Photography and any associates hired by Deanna Justine Photography shall be the sole PHOTOGRAPHER for any of the agreed upon products or services. CLIENT agrees to hire, nor allow any other photographer, to perform any of the services or to provide any of the products mentioned in the Agreement. CLIENT acknowledges that the presence of other photographers will adversely impact the ability of the PHOTOGRAPHER to perform the Agreement and as a result PHOTOGRAPHER may fail to meet the standards represented in PHOTOGRAPHER’S portfolio and samples. This restriction does not apply to assistants, contractors, and any other individual hired by, or working for, PHOTOGRAPHER. Any additional media personnel (cinematographer, newspaper or news agencies) require prior notification, and any news agency MUST have appropriate credentials.

12. COPYRIGHTS 

A. Selling and Reproduction – The photographs created by PHOTOGRAPHER throughout performance of the Agreement constitute the copyrighted work of PHOTOGRAPHER. The photographs remain the property of PHOTOGRAPHER. Any portion of the photographs delivered to CLIENT is for CLIENT’S personal use only. CLIENT agrees not to sell or reproduce, nor authorize the sale or reproduction of any portion of the photographs without the PHOTOGRAPHER’S written permission. 

B. Submitting Work for Publication – PHOTOGRAPHER retains sole rights in submitting photographs taken while performing the Agreement for publication, in any medium. CLIENT agrees to not publish, in any medium, PHOTOGRAPHER’S digital photographs without first obtaining PHOTOGRAPHER’S consent and written permission. All other vendors must also obtain permission to submit PHOTOGRAPHER’S images taken while performing the Agreement to any publication. 

C. Model Release – CLIENT shall permit PHOTOGRAPHER to use images of CLIENT taken from any portion of the Agreement for display, publication, or other promotional uses without payment of compensation to CLIENT or CLIENT’S agents. CLIENT’S guests that may be Photographed throughout the Agreement shall be deemed to have consented to their name, image, or likeness by CLIENT and PHOTOGRAPHER. CLIENT shall defend and indemnify PHOTOGRAPHER from and against any claims that any of CLIENT’S guests may assert against PHOTOGRAPHER arising from or related to the use of any name, image, or likeness of CLIENT’S guest(s) by the PHOTOGRAPHER or CLIENT. 

D. Blogging – All images taken by PHOTOGRAPHER are eligible for personal publication on the social media platforms of Deanna Justine Photography, but not all images, sessions, and events will be published. PHOTOGRAPHER retains sole discretion over which images, shoots, and events will be published on any social media platform and when the post will be published. 

E. Online Credit – CLIENT agrees to give photo credit to Deanna Justine Photography on any and all photos CLIENT posts online including social media tags when applicable. 

F. Delivery of images- Preview/Sneak Peek Gallery and Full Gallery delivered by PHOTOGRAPHER shall be via password protected online gallery. Included album, and products purchased with applicable credit or additional payments shall be delivered via insured package by USPS.

G. Reproducing- Reproducing an image, in any manner, regardless of modification (however slight) constitutes an automatic Breach. No photo may be altered in any manner. An example of reproducing an image is editing or cropping said photo. No alterations (lighting, filters, presets, etc.) may be used on photos for any reason. 

H. Watermark - CLIENT agrees not to remove watermark on any watermarked image(s) provided. Images being used by other vendors including but not limited to social media pages, blogs, websites, etc must remain watermarked unless permission is given. This contract supersedes any contract CLIENT may have signed and/or entered with any prior Vendor regarding photo deliveries. If ANY vendor requests photos for commercial use, CLIENT agrees to notify PHOTOGRAPHER immediately and shall not, under any circumstance, provide Vendor with ANY images without obtaining express permission from PHOTOGRAPHER.

I. Penalties for Copyright Violation- All images are protected under Section 1202 of the U.S Copyright Act. Subsection (b) (1) and (b) (3) set forth by provisions governing Section 1202. Penalties for violations can be found in Section 1203. Subsection (c) (1) (A)(B) and Subsection (3) (B) 

13. MEALS – If any photo session or event lasts longer than three (6) hours, CLIENT agrees to provide the PHOTOGRAPHER and the Photographer’s assistants (if applicable) with a meal, refreshments, and an appropriate amount of time to consume them. If you photo session or event is six hours or less, it is understood by Client and Photographer that a meal MAY be provided if the client wishes, or the photographer is at their best discretion permitted to take approximately 15 minutes of a break. Photographer agrees to utilize break times wisely as to not miss any event coverage.

14. UNFORESEEN CIRCUMSTANCES – In the unlikely event that PHOTOGRAPHER is unable to perform any portion of the Agreement due to illness, injury, pregnancy, inclement weather, act of terrorism, or any other unforeseen circumstance beyond the PHOTOGRAPHER’S control, PHOTOGRAPHER’S is limited to the return of PHOTOGRAPHER’S payment for the unperformed portion of the Agreement. PHOTOGRAPHER agrees to communicate the inability to perform as soon as it is clear PHOTOGRAPHER will be unable to perform. 

15. OBJECTIONABLE, DANGEROUS & HAZARDOUS CONDITIONS –Anytime while performing the Agreement, if PHOTOGRAPHER and any of the crew are exposed to conditions which imperil or cause the PHOTOGRAPHER and the crew to fear for their safety; objectionable or illegal acts to which PHOTOGRAPHER and the crew do not wish to be a part or witness; or conditions which may harm, destroy, or damage PHOTOGRAPHER’S or the crew’s equipment; PHOTOGRAPHER reserves the right to immediately protect PHOTOGRAPHER’S interests, including but not limited to a cessation of the Agreement. In such circumstances, CLIENT forfeits any monies paid to PHOTOGRAPHER, and CLIENT agrees to indemnify PHOTOGRAPHER from any damage, injury, or lack of performance of the Agreement that PHOTOGRAPHER or his crew have sustained. PHOTOGRAPHER is relieved from performing the remainder of the Agreement. 

16. PERMISSIONS – In certain instances, PHOTOGRAPHER may be limited by the venue's guidelines or rules, or any other person or location related to the event's preparation. CLIENT acknowledges that such guidelines or rules are outside the control of PHOTOGRAPHER. CLIENT agrees to hold PHOTOGRAPHER harmless for the impact such guidelines or rules may have on the finished product. Negotiations with the respective people or entities for modification of guidelines is the CLIENT’S responsibility. CLIENT is also responsible for letting PHOTOGRAPHER know of any rule modifications that have been granted. 

17. COLLECTION OF LEGAL FEES & EXPENSES – In the event that PHOTOGRAPHER is required to take legal action to collect fees due from CLIENT under this Agreement, or to otherwise enforce this Agreement, PHOTOGRAPHER is entitled to recover all costs and expenses incurred by relation to such legal action, including an award of all attorney’s fees. 

18. BREACH OF CONTRACT – CLIENT acknowledges that if CLIENT causes a Breach of the Agreement the PHOTOGRAPHER will be harmed. CLIENT agrees to notify the PHOTOGRAPHER of a Breach as soon as possible to minimize the PHOTOGRAPHER’S damage. If there is a Breach, PHOTOGRAPHER and CLIENT agree that the CLIENT is responsible for paying to the PHOTOGRAPHER within ten (10) days of any Breach, as liquidated damages and not as a penalty, 50% of the contractual amount, which represents a logical portion of the actual damages sustained by the PHOTOGRAPHER due to a Breach. This sum is in addition to the nonrefundable fee as described in Paragraph 6 above. 

Agreement By signing, CLIENT admits to having read the Agreement, understands, and agrees to each and all of the terms defined in this contract.

As a courtesy, so that the CLIENT and PAYEE may have opportune time to review contract and prepare for retainer payment, PHOTOGRAPHER agrees to hold the date of the event for thirty-six (36) hours upon sending CLIENT and PAYEE this contract. If CLIENT and PAYEE wishes to pursue hiring of PHOTOGRAPHER after the close of those (36) hours, a new contract will be issued. Changes made by CLIENT will result in a new contract to be signed by all parties, and any previously signed contracts between parties will be void. RETAINER FEES WILL NOT BE PROCESSED UNTIL CONTRACT IS SIGNED BY BOTH PARTIES AND PHOTOGRAPHER. Upon signing this contract, you CLIENT and PAYEE, and PHOTOGRAPHER understand and agree to these terms.