Magnolia Photography Wedding Photography Contract

Magnolia Contract For Photography Services

* Below is a copy of the Magnolia Contract Used For All Photography services Including Portrait Sessions And Weddings. should you have any questions, please feel free to email me.

This photography contract (the “Contract”) is made effective as of _______________ (the “Effective Date”) by and between Magnolia Photography (the “Company”) and __________________________________________________ (the “Client”) on ______________________________.

DESCRIPTION OF SERVICES. On ______________________________, the COMPANY will provide to the CLIENT the following photography SERVICES (collectively the “Services”):

PERFORMANCE OF SERVICES. The COMPANY agrees to take photographs for the stated SERVICES using high technical quality and allowing for artistic expression. The final post-production and editing style(s), effects, and overall look of the digital images are left solely to the professional discretion of the COMPANY. The COMPANY agrees to deliver the final digital images on a storage device that includes high resolution (300 ppi) images for print and compressed images for web use.

CATPURE AND DELIVERY. The COMPANY is not liable to deliver every image captured during the SERVICES. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. In most cases, the images from headshot and portrait sessions will be delivered within 1-4 weeks and for weddings 5-8 weeks. If the COMPANY is unable to meet these timeframes, the COMPANY will advise the CLIENT as soon as reasonably possible with a reason for the delay and updated expected delivery date.

PAYMENT. The CLIENT agrees to pay the COMPANY $___________________ for the SERVICES indicated in this CONTRACT. Non-wedding SERVICES require a non-refundable booking fee that is equal to 50% of price for SERVICES. The balance is due 7 days prior to the SERVICES being performed. All wedding SERVICES require a non-refundable booking fee that is equal to 40% of the price for SERVICES. The balance is due 30 days prior to the SERVICES being performed. All booking fees are due at the time of signing the CONTRACT. The booking fee will be deducted from the total price owed by the CLIENT.

CANCELLATION POLICY. All booking fees are non-refundable. A minimum of 7 days notice must be given to cancel this CONTRACT by the CLIENT for all non-wedding SERVICES. Failure to do so will require full payment of the CONTRACT within 5 days. For all wedding SERVICES, a minimum of 180 days must be given to cancel this CONTRACT by the CLIENT. Failure to do so will require full payment of the CONTRACT within 5 days.

TERM. The COMPANY and CLIENT agree that this CONTRACT shall commence on the contract signing date and shall terminate on the day the final products are delivered by the COMPANY to the CLIENT. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.

WORK PRODUCT OWNERSHIP AND COPYRIGHTS. The photographs and/or video produced by the COMPANY are protected by Federal Copyright Law (All Rights Reserved) and may not be reproduced in any manner without the COMPANY’S explicitly written permission. The CLIENT is given a limited copyright of the delivered images which grants the CLIENT permission to print and share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY (Photos Courtesy of Magnolia Photography). The CLIENT must obtain explicitly written permission from the COMPANY prior to publishing or selling the photographs. In the unfortunate event the CLIENT’S storage device is lost, stolen or damaged, an additional storage device may be purchased for a fee. This fee is subject to the cost of the storage device at the time of the request.

MODEL RELEASE. The CLIENT herby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claims to profits that may arise from the use of these images.

SAFETY. The COMPANY reserves the right to terminate coverage and leave the location of the SERVICES if the photographer(s) from the COMPANY experience inappropriate, threatening, hostile, harassing, or any other offensive behavior from person(s) at the SERVICES.

PHOTOGRAPHY TIME ADDITIONS. The COMPANY and the CLIENT agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Photography services commence at the scheduled start time and conclude at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SERVICES, photography services will still conclude at the scheduled end time. Additional time beyond the scheduled end time will result in additional fees at $150 per 30 minutes or $300 per 60 minutes.

EXPENSES INCURRED. When applicable, the CLIENT is responsible for all travel accommodations, meals, transportation costs unless provided by the CLIENT. All travel expenses are based on the distance between the COMPANY’S business address and the address of the SERVICES to be performed. The first 75 milles round-trip are included. All mileage in excess of 75 miles round-trip are charged at $0.60 per mile.

RESPONSIBILITIES. The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including, but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the location(s). The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict photography coverage. The COMPANY is not held liable for missed coverage of any part of the SERVICES. The COMPANY will not be held accountable for failure to deliver images or any individuals or any objects at the SERVICES.

VIDEOGRAPHER AND DJ. Videographers and DJs often use powerful “spot,” “video,” and “creative” lighting effects that will inevitably result in ruined images as these lights will turn on and off at unpredictable times, produce small spots of intense lights which are impossible to expose for in still photographs, and often produce creative lighting effects over large areas. Generally, background lighting and other stationary lighting setups will not cause this problem because they do not change rapidly or unexpectedly and they do not provide a broad range effect. Creative lighting setups can create “flares” and other distracting “light patterns.” The CLIENT assumes all risk for damaged or loss of photographs caused by amateur photographers, videographers, creative lighting setups, and/or moving spotlights.

LOCATION LIMITATIONS. The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiations with the officials for the moderation of guidelines is the CLIENT’S responsibility; however, the COMPANY will offer technical recommendations where applicable.

PERMITS. The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing SERVICES.

WARRANTY. The COMPANY shall provide its SERVICES and meet its obligations under this CONTRACT in a timely and workmanlike manner, using knowledge and recommendations for performing the SERVICES which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to the COMPANY on similar projects.

DEFAULT. The occurrence of any of the following shall constitute a material default under this CONTRACT:

a. The failure to make timely payment when due

b. The insolvency of bankruptcy of either party

c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency

d. The failure to make available or deliver the SERVICES in the time and manner provided for in this CONTRACT

FORCE MAJEURE. If performance of this CONTRACT or any obligation under this CONTRACT is prevented, restricted, or interfered with by causes beyond either party’s reasonable control, (“Force Majeure”), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term “Force Majeure” shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalsim, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lock-outs, work stoppages, other labor disputes or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. an act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, offices, agents, or affiliates.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this CONTRACT through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this CONTRACT will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

ENTIRE CONTRACT. This CONTRACT contains the entire CONTRACT of the parties, and there are no other promises or conditions in any other CONTRACT whether oral or written concerning the subject matter of this CONTRACT. This CONTRACT supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this CONTRACT shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this CONTRACT is invalid or unenforcfeable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

AMENDMENT. This CONTRACT may be modified or amended in writing, if the writing is signed by the part obligated under the amendment.

GOVERNING LAW. This CONTRACT shall be governed by the laws of the State of South Carolina.

NOTICE. Any notice or communication required or permitted under this CONTRACT shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this CONTRACT shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this CONTRACT.

ASSIGNMENT. Neither party may assign or transfer this CONTRACT without prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

Client:

By: ___________________________________________________________________________. Date: _________________________

Photographer:

By: ___________________________________________________________________________. Date: _________________________