Weddings & Events
PHOTOGRAPHY SERVICES AGREEMENT
TERMS AND CONDITIONS
The parties agree that Kinard Photographic will photograph the event for for minimum of two hours and a maximum twelve hours. The Client agrees to pay the Photographer an hourly rate of $100.00 per hour. Photographer will provide Client with access to the photos within 30 days in accordance with the rest of this Agreement. This Agreement becomes effective upon the Parties' signatures.
Limitation of Liability
If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties' control, such as sudden injury, illness, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. Photographer is not liable for any harm that results during any photoshoot or photography except to the extent required by law. In no event shall photographer be liable for any emotional harm to the Client(s) or any other party resulting from Photographer's services or lack thereof.
Inability to Perform
In the event of Photographer's foreseeable illness, conflict or inability to perform, Client agrees that Photographer may assign and delegate performance and obligations of this Agreement to another professional photographer. In the event that Photographer cannot perform or the wedding does not take place as anticipated by Client or as established in this Agreement, Photographer is not required to service a later wedding or reproduction.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures at the wedding while Photographer is working, unless otherwise agreed by the Parties in writing.
The service fee is $100.00 per hour. A retainer of $250.00 is due at the signing of this agreement. The service fee, when due, will be reduced by the amount of the retainer. No photography will take place and no rights are granted until the retainer is paid in full. Once services are rendered, the service fee is due and must be paid within 30 days. If the fee is not timely paid, Photographer may withhold Client's access to the photos. Also, a late payment fee of $250.00 may apply.
On signing of this agreement by both Parties hereto, Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits and fees are non-refundable even if the date is changed or if the event becomes cancelled for any reason.
Any event lasting over four hours requires a break of one half hour that includes a free meal to be provided to Photographer and any assistant(s). These meals must be pre-arranged with your reception vendor. Most reception facilities offer vendor meals, which may or may not be different from guest meals. Vendor meals must be served prior to or while guests are being served so Photographer may continue photographing immediately after dinner. If no meal will be provided, the Photographer reserves the right to leave to purchase a meal and will not be held responsible for any missed photography.
Intellectual Property Rights
All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after payment by Client. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose.
Photographer's Style & Discretion
Client understands and agrees that Client is hiring Photographer to perform Photographer's services in Photographer's own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer's photography.
Client shall not modify or otherwise alter Photographer's photos. Client shall never post any of Photographer's photos in a format larger than 1024 x 768 pixels. Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer's photos without attributing Photographer. Client shall never distribute or make available for download or reproduction any of Photographer's photos without written consent of Photographer, unless the photos include Photographer's watermark. Client shall not publish photos without Photographer's written consent and attribution to Photographer.
Photographer will archive digital files of all photos taken for Client for up to two years. Photographer does not guarantee back-up photographs, prints or data after this time.