This Photography Contract (the "Contract") is made effective as of(the "Effective Date"), by and between __________ & __________ (Clients) and Iron & Rye Photography (Photographer).
DESCRIPTION OF SERVICES
On __________, Iron & Rye Photography will provide to __________ & __________ the following photography services (collectively, the "Services"):
The Ceremony is to take place at __________.
The Reception is to take place at __________.
PERFORMANCE OF SERVICES
(1) Iron & Rye Photography agrees to take photographs as per Client's stated requests, allowing for artistic expression
(2) Iron & Rye Photography agrees to use high technical quality to meet Client's needs, for web or print
(3) Iron & Rye Photography will use digital photography and color management consultancy knowledge to create photographs for Client
(4) Iron & Rye Photography shall provide Client with final proofs within 60 days of wedding date through ground/priority mail. At a later date Iron & Rye Photography will ask clients for mailing address as Iron & Rye Photography understands address changes may occur between the signing of this contract and delivering of the products
(5) Iron & Rye Photography asks that Clients provide a 30 minute break during the reception with a meal, if applicable. If Client is unable to provide this 30 minute break, Iron & Rye Photography will leave the premises for an hour (60 minutes) to find a meal.
(1) Client agrees to pay Iron & Rye Photography, a sum of $__________ in consideration for the photography services to be rendered by Iron & Rye Photography. In consideration for this fee, Iron & Rye Photography will devote hours to cover the event or occasion of Client.
(2) Iron & Rye accepts payments in the following form: cashier check, money order, debit, and credit card.
(3) Payments made with debit and/or credit card are subjected to a 5% convenience fee.
(4) Payments using a debit and/or credit card can be made using the Client Portal on HoneyBook
(5) Iron & Rye Photography will provide Client with a cost sheet itemizing the cost of different packages and individual photo purchases. Below is a payment schedule:
Cashier Checks and Money Orders can be made out and mailed to:
20110 NE Thompson St
Fairview, OR 97024
At the time of the signing of the Contract, Client shall pay a non-refundable retainer of $700.00 to Iron & Rye Photography for the Services. The retainer will be subtracted from the total payment owed by Client upon completion of the Services.
AGREEMENT TERMS & POLICIES
Images provided to Client shall be usable and in accord with Photographer's artistic vision, taste, judgement, and style. Photographer shall be solely responsible for determining whether an image is usable. "Useable" shall mean an image is sufficiently in focus such that the primary subject of the photograph is sharp enough that the picture can print well up to 5x7 inches in size. Flesh tones are rendered in a believable manner, and the images are exposed such that there is a range of believable tones from dark to light.
Client agrees that Photographer is hired for his artistic talent, creativity, taste, and experience. Photographer may deliver images produced using techniques such as s elective focus, tilting, cropping, toning, vignetting, high/low contrast, black and white, etc., and these shall also be considered useable. Photos that are deemed unusable will not be provided to Client.
All deposit fees are non-refundable. A minimum of 30 days notice will be required for cancellation of this Contract by Client. Any cancellation made with less than 30 days notice prior to the agreed upon service date will result in full payment by Client. If the cancellation is initiated by Iron & Rye Photography, all monies paid to Iron & Rye Photography from Client shall be fully refunded, with the exception of the retainer fee. However, if Iron & Rye Photography is able to rebook the date mentioned above, then the full retainer will be returned to Client.
Should the wedding be postponed for any reason, Clients understand that photographer may not be available for the new date. Should Client postpone the wedding to a date for which the Photographer is not available, the assignment shall be considered cancelled, and the cancellation policy above shall apply. The Photographer should be notified of any postponement or likelihood of postponement as soon as possible. If Photographer is available on the new date, the contract will still be active.
TERM OF CONTRACT
Iron & Rye Photography and Client agree that this Contract shall commence on the above date and shall terminate based on hours booked by client
WORK PRODUCT OWNERSHIP/COPYRIGHT
Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by Iron & Rye Photography in connection with the Services will be the exclusive property of Iron & Rye Photography. Upon request, Iron & Rye Photography will execute all documents necessary to confirm or perfect the exclusive ownership of Iron & Rye Photography to the Work Product. Clients will receive a print & usage release when they receive their copyrighted images. Clients will receive high-resolution for printing, if they choose to print outside of Iron & Rye Photography, and web-resolution images for social media. At no point is the client able to alter, edit, the image in such a way that it no longer looks like Iron & Rye Photography's work. Should their be a need to alter or edit, the client agrees to contact Iron & Rye Photography. Lastly, the Clients agree to give credit appropriately because it's much appreciated :)
Please add the following to whatever caption you choose for your image:
- For Facebook or Websites: "Photo Credit: Rick Baleros of Iron & Rye Photography (www.ironandryephotography.com)
- Instagram or similar social media: "Photo Credit @ironandrye #IronAndRyePhotography" (be sure to tag @ironandrye as well!)
Photographer grants a usage license to client for personal, noncommercial reproduction of final versions of images. This will allow client to make prints, albums, share online, and etc. Images presented on the Internet shall be credited correctly (See Work Product Ownership). Clients are not to sell, sublicense, or give authorization to anyone else without the permission from the Photographer. Doing so will result in a breach of contract and Photographer will take online gallery offline.
RELATIONSHIP OF PARTIES
It is understood by the parties that Iron & Rye Photography is an independent contractor with respect to Client, and not an employee of Client. Clients also agree that Iron & Rye Photography and its employees will be the sole photographer at the wedding.
Iron & Rye Photography, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of Iron & Rye Photography, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Iron & Rye Photography and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the Contract.
The photography schedule and selected methodology are designed to accomplish the goals and wishes of Client. Client and Iron & Rye Photography agree that positive cooperation and punctuality are therefore essential. Iron & Rye Photography, and its employees, may leave the wedding if they are being harassed. Iron & Rye will notify clients of any harassment, but by the third notification, Iron & Rye and its employees will leave. Leaving due to harassment is not a breach of the contract.
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, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or 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, officers, agents, or affiliates.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
(1) Client's release that Photographer has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of those photographed under this Assignment.
(2) Clients waive any rights they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the uses to which it may be applied.
(3) Clients understand that the images of those photographed may be used in print or on the Internet.
(4) Clients state further that they have read the above authorization, release, and agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Client's and Photographer.