WEDDING PHOTOGRAPHY / VIDEOGRAPHY CONTRACT
HALEY MCELROY CO.
ALL EVENT DEPOSITS ARE NON-REFUNDABLE / NON-NEGOTIABLE
TERMS: This agreement is between ( Haley McElroy Co. ) AND ( Bride ) & ( Groom ) / those being wed, relating to their wedding and related events that will take place. Service will be provided for hours listed in the package selected by the client. Client may choose to add more time. Notice can be given of change no later than one week prior to event.
LEVEL OF SERVICE: The parties agree that ( Haley McElroy Co. ) will provide wedding coverage as itemized in this contract. At any time after the signing of this contract, client may upgrade services to next package or add on. Client will not however be able to downgrade to a lower package, no exceptions.
RETAINER, PAYMENT POLICY, EXPENSES, TRAVEL: The nonrefundable retainer for services on a given date is $500 to be applied towards the total package cost. The remaining balance on the account will be due 14 days prior to wedding date. For travel / destination weddings, client will be billed for round trip plane ticket or for mileage of 50 cents/mile driven if within driving distance. Client will also be responsible for providing two nights accommodation, with private room and bathroom to ( Haley McElroy Co. ) (night before event and night of) which may be chosen at the client’s discretion. For Traditional weddings the contract must be signed and the engagement session must be booked and scheduled 6 months or more prior to the wedding.
CANCELLATION , POSTPONEMENT: If client herein cancels the wedding photography services for any reason, ( Haley McElroy Co. ) retains the sum of the deposit without exception. If the wedding needs to be rescheduled, new date must be within six months of original scheduled date or the deposit becomes a cancellation fee. A rescheduling fee of $200 will applied to any rescheduled weddings outside of that six months of the scheduled date.
CLIENT RESPONSIBILITY: Client is to fill out the wedding questionnaire and provide address to locations, emergency telephone numbers, family shot list and itinerary of the the wedding day no later than one week prior to the wedding date. Any family shots not added to the list given to ( Haley McElroy Co. ) prior to the ceremony will have to wait until "down time" during the reception so as not to eat into valuable portrait time with the bride and the groom. Client will assist and cooperate with ( Haley McElroy Co. ) in gaining any requested photographs, such as specifying the people and location to be photographed; assisting ( Haley McElroy Co. ) in posing at the photographers direction; pre-consultations, etc. ( Haley McElroy Co. ) is not responsible for photographs that are not taken due to clients failure to be cooperative, communicative and of reasonable assistance. At no point at any time during the CEREMONY are other photos or videos allowed to be taken. Reception events are an exception.
BRIDE & GROOM PORTRAITS: Please make sure that at least thirty minutes is allotted before the time of sunset for such portraits. Time your ceremony and events accordingly.
EXPENSES: Travel expenses such as parking, shipping, or destination fees must be reimbursed to ( Haley McElroy Co. ) and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
GARMENTS: ( Haley McElroy Co. ) cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
FAILURE TO PERFORM: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, ( Haley McElroy Co. ) cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. ( Haley McElroy Co. ) is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. ( Haley McElroy Co. ) is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. ( Haley McElroy Co. ) will do its best to fulfill all requests but can make no guarantees ALL image requests will be delivered. ( Haley McElroy Co. ) recommends that the Client point out important individuals for informal or candid photographs to ( Haley McElroy Co. ) during portrait shooting that they wish to have photographed. ( Haley McElroy Co. ) will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. ( Haley McElroy Co. ) is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to ( Haley McElroy Co.). Clients are responsible for all location fees and permits.
If ( Haley McElroy Co. ) or its assigned colleagues cannot perform this Agreement due to a fire, casualty, or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, dangerous weather or other causes beyond the control of the parties, then ( Haley McElroy Co. ) shall return any moneys paid by the Client, less deposit fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of ( Haley McElroy Co. ). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
COOPERATION: The Clients and ( Haley McElroy Co. ) consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that ( Haley McElroy Co. ) be provided with a helper (usually a friend or family member) who will point out key individuals to be photographed. ( Haley McElroy Co. ) may also require the assistance of a friend or family member when organizing family groups. The Clients also agree to give ( Haley McElroy Co. ) sufficient warning of key events at the wedding to give ( Haley McElroy Co. ) time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases ( Haley McElroy Co. ) will use her discretion but cannot be held responsible for a lack of photos of these people.
THE SCHEDULE: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humor and enjoyed by all concerned. Both the Clients and ( Haley McElroy Co. ) therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.
LIMITATION OF LIABILITY: While every reasonable effort will be made to create and deliver quality photographs of wedding events, the entire liability of the photographer to Client for any claim, loss, injury, or damage arising or relating to this agreement or the performance hereunder of any photographer, including the negligence of , is limited to a refund to client of the amount received by ( Haley McElroy Co. ) regarding this event. In the unlikely event of unforeseen illness or any other circumstances beyond our control, a substitute photographer of high qualifications, will be selected and dispatched by ( Haley McElroy Co. ) to fulfill the obligations of photography herein contracted. This will not be viewed as a breach of contract, as this replacement will act as an associate of ( Haley McElroy Co. ) for the event. Also, we cannot ever prepare for technical malfunction and while it is rare, it does occur. ( Haley McElroy Co. ) takes the utmost care as to the maintenance of all gear and storage devices and is not responsible for any technical malfunction of cameras, memory cards or hard drives. In the event of total wedding loss, a full refund will be issued. If partial wedding loss (such as family photos, bridals, etc.), reshoots will be offered. In the event of partial wedding loss of ceremony or reception, an appropriate refund to account for the hours spent shooting said photos will be refunded at a rate of .
EXCLUSIVITY AND AUTHORITY: ( Haley McElroy Co. ) will be the sole professional still photographer(s) working at the wedding events. If any one appearing to be a professional photographer is present, ( Haley McElroy Co. ) will leave the event for breach of contract.
CELL PHONES AND OTHER "PHOTOGRAPHERS": ( Haley McElroy Co. ) encourages an unplugged ceremony, as guests often do not realize they are obstructing ( Haley McElroy Co. ) during the ceremony. If you choose to allow cell phone photos at your ceremony, ( Haley McElroy Co. ) is not responsible for removing them from photographs or for the loss of any important shots that may be missed due to cell phone use. Please keep in mind that at rare times, guests / bridal party / family members may disregard this rule and as such you may experience a loss of moments that otherwise would have been documented for you. Additionally, NO CELL PHONE PHOTOS OR OTHER CAMERAS ARE ALLOWED DURING PORTRAIT SESSIONS. Family members / friends will have plenty of opportunities to photograph you with their cell phones outside of allotted portrait time. Please, nobody but ( Haley McElroy Co. ) and bride and groom during scheduled portrait times. This is not only a violation of intellectual copyright maintained by ( Haley McElroy Co. ) but also a major distraction and will detract from the quality of your photos.
GUEST AND FAMILY BEHAVIOR: Weddings can be high stress events and are as important for friends and members of the family as the bride and groom, but please instruct your guests to be respectful of the photographic process and not to intervene / behave rudely and to follow the direction of ( Haley McElroy Co. ). ( Haley McElroy Co. ) strives to create a fun and efficient environment, as stress free as possible. Any sexual, physical, verbal harassment or grossly inappropriate behavior will result in ( Haley McElroy Co. ) leaving the event, and no refund will be given, but photos will still be delivered.
DELIVERY: Unless prior arrangements have been made, a presentation of the photographic images created and edited by ( Haley McElroy Co. ) is made available to the bride and groom within 6-8 weeks following the wedding. Online display of wedding is given for three months. Additional viewing is available at a charge of $45/month. This fee applies to any re-posting event galleries that have expired. Client should immediately download and backup files to multiple storage devices upon delivery. AT NO TIME WILL ANY RAW IMAGES BE GIVEN, EVER, NO EXCEPTIONS. LIMITATION OF COMPLAINT: Client will have thirty days after gallery delivery to make the Photographer aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to wedding day coverage. After this 30-day term has expired, ( Haley McElroy Co. ) will no longer be liable to client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made if deemed appropriate by Haley McElroy Photography, but the hourly fee of $200 for retouching will be billed with a minimum one hour required.
CREATIVE CONTROL: ( Haley McElroy Co. ) will solely make creative choices as to cropping, lighting, coloring and which images become black and white / color. If client wants an image that is delivered in black and white to become color, the hourly retouching rate of $200 will be charged. A minimum 1 hour will be billed.
DIGITAL NEGATIVES: ( Haley McElroy Co. ) provides each client with a high res downloads of images from their wedding day. While each wedding varies, ( Haley McElroy Co. ) promises at the very minimum 200 beautiful images from your wedding day. These images are the very best work ( Haley McElroy Co. ) has to offer and are fully edited with the highest standard of quality. This means photos will be adjusted for light, color and crop. Client understands that they may not alter the images in anyway as this is a copyright infringement. Client understands that no image is guaranteed. Some images may be retouched, but if there is specific retouching required by client in addition to what ( Haley McElroy Co. ) has provided, client understands that ( Haley McElroy Co. ) has the right to charge hourly for additional work to photos (as in removing people from photo, changing from black and white to color, etc.). Hourly retouching rate is $200.
As for engagement sessions, and all other non wedding related shoots, ( Haley McElroy Co. ) promises a minimum of 30 beautiful images edited and digital download given to the client. These images are the very best work ( Haley McElroy Co. ) has to offer and are fully edited with the highest standard of quality. This means photos will be adjusted for light, color and crop. Client understands that they may not alter the images in anyway as this is a copyright infringement. Client understands that even if provided with a desired list, no image is guaranteed.
FEDERAL COPYRIGHT LAWS: ( Haley McElroy Co. ) owns all copyrights for any and all images produced in connection with this agreement including exclusive right to reproduce or publicly display such images. As author of all images made hereunder and as provided by law, the Photographer shall retain copyrights in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format of reproduction.
PERMITTED USES: ( Haley McElroy Co. ) and Client shall have the right to use images as follows:
Client recognizes and agrees that ( Haley McElroy Co. ) may reproduce, publish, exhibit, and otherwise use any images created hereunder, without specific identification of persons or events, as samples of their work to be shown to prospective clients, and for instructional purposes including use in conjunction with televised or published interviews, wedding blogs and magazines consistent with the highest standards of taste and judgement. Client agrees to hold ( Haley McElroy Co. ) harmless against any and all claims arising from any published images.
USE BY CLIENT : Client understands all photographs created by ( Haley McElroy Co. ) are copyrighted, and may not be copyrighted in any manner, (including but not limited to selling the photos, digital copies, greeting cards, slides etc. and making money from the photos.) In certain cases, ( Haley McElroy Co. ) may allow purchase of copyright to files at a fee of $4,000 for loss of use and for loss of any potential clients. ( Haley McElroy Co. ) recognizes and agrees that the Client may reproduce the wedding images created hereunder for: (1) personal, non-commercial use, including the reproduction of copies for family, wedding guests, friends, and (2) the publication for wedding related newspaper announcements or articles provided that images carry a copyrighted credit line. Under no circumstances will release RAW files or any other photos not already given to client upon delivery of their gallery. Client will not permit or assist in any commercial use or sale of the images without specific written consent of ( Haley McElroy Co. ). Upon releasing the digital files to the Client, ( Haley McElroy Co. ) is released all liability for archiving the files. Client understands it is their responsibility to back up and protect their images. Any requests for additional and or replacement copies of these files will be fulfilled at the discretion of ( Haley McElroy Co. ) and will be billed at $500 per set.
SECOND SHOOTER: If and when necessary, ( Haley McElroy Co. ) may use a second shooter. This person will be a professional photographer of the highest quality, able to perform at ( Haley McElroy Co. ) standards. Client will not be involved in the selection of the second shooter. Client also understands that the second is working as an assistant to ( Haley McElroy Co. ) and will not not be delivering a separate gallery to client. Client agrees to not contact the separate shooter privately, before or after the event, and request photos from the event.
SOCIAL MEDIA: Client agrees to not use screenshots of photos for any reason, including profile photos, cover photos or for any other online display. At no point will any social media filters be applied to photos by ( Haley McElroy Co. ). Client will find their gallery to contain a web size downloads option for social media use. ( Haley McElroy Co. ) will also post images to personal and business social media accounts at its discretion, barring nudity, and will not remove an image once posted.
WEDDING MEAL SERVICE: A meal is required for the ( Haley McElroy Co. ) + second shooter for events 5 hours or longer. If no meal is provided, it is understood that ( Haley McElroy Co. ) will leave the event for 30 minutes to purchase a meal.
MISCELLANEOUS: This is the complete agreement between the parties concerning the subject matter hereof and all prior agreements are merged within. This is an agreement and its validity, construction and all rights under this Agreement shall be governed by the laws of the State of Oklahoma. In the event that client breaches ANY terms under this agreement, it is understood that ( Haley McElroy Co. ) will no longer provide service as outlined and no refund will be given.
SPECIAL NOTE: It is understood that photography and other services are often gifted to the bride and groom / those being wed by parents or other relatives. In these cases, ( Haley McElroy Co. ) still contracts solely to the bride and groom / those being wed and answers / corresponds only with them. Some special allowances may be made if extenuating circumstances exist, as determined by ( Haley McElroy Co. ).
FEES: Client shall pay for the products and services described in this contract. With a non-refundable deposit on wedding services due at time of reservation to lock in said wedding date.
Acceptance of Terms by Haley McElroy Photography. Following your review, please sign below.
NON REFUNDABLE DEPOSITS CAN BE PAID THROUGH INVOICE WHICH WILL BE EMAILED TO THE CLIENT SHORTLY AFTER RECEIVING THIS CONTRACT.
The appointment date will be held for 10 business days while the deposit is being made. If deposit is not received by then, the date may be given to other clientele. The remaining balance will be due 14 days prior to the wedding. Payments made within 7 days after due date will be charged a 5% late fee and within 30 days, a 15% late fee. Failure by Client to make payments as scheduled may be deemed a material breach of this agreement. In the event of material breach, ( Haley McElroy Co. ) at its option, may cancel this agreement and be relieved from any further obligation of performance. Any returned checks will incur a fee of $35.
Haley McElroy | The Photographer
PLEASE COMPLETE THE FORM BELOW
BY SIGNING BELOW, YOU CERTIFY THAT YOU HAVE READ THE WEDDING PHOTOGRAPHY CONTRACT AND AGREE TO ALL TERMS AS LISTED, OR AS AMENDED. SIGNING BELOW ALSO CERTIFIES THAT ALL INFORMATION PROVIDED IN THE QUESTIONNAIRE, ESPECIALLY REGARDING LOCATIONS AND TIMES OF SERVICE, IS ACCURATE AS OF THE CURRENT DATE, OR WILL BE UPDATED PRIOR TO SIGNING.
PLEASE BE SPECIFIC ON PACKAGE CHOSEN, LOCATION, DATE, AND TIME PHOTOGRAPHER NEEDS TO ARRIVE. CHANGES CAN BE MADE PRIOR TO EVENT.