John’s Photography
Sooke, BC
(250) 208-5546 john@johnsphotography.ca www.johnsphotography.ca
This is a contract for photographic services between John’s Photography ( also referred to as ‘the photographer’) and:
Bill Smith, 123 Main St. Victoria BC (250) 555-1234; and
Sally Jones, #4 – 987 Pine St, Victoria, BC (250) 555-4321
(hereinafter, ‘the client(s)’). Specifically, this is a contract to: photograph the wedding of the clients to be held on 29 February, 2010 at St. Saints Church (ceremony) and The Acme Hotel Ballroom
(reception).
(a)
The Client(s) will be charged: One hundred dollars per hour plus applicable taxes ($100/hour
+ tax) for all work relating to the event(s) for which this document has been drafted.
(b) Travel will be billed at one-half (1/2) the hourly rate specified in paragraph 2(a) for all distances over 30 kilometres from Sooke village centre.
(c) The client(s) agree to pay: i. An Initial Retainer which is: a non-refundable (except as noted in paragraph 5(a)) retainer of: five-hundred dollar ($500.00) upon signature of this document; ii. a Confirmation Retainer of: five-hundred dollars not less fourteen (14) days prior to the date of the event; and iii.
the balance, which will be calculated by the photographer, and is due when all work including post-processing and printing, (if applicable) is complete and delivered to the client.
(d) John’s Photography accepts cash and/or personal cheques. In the event a cheque is returned for any reason, including insufficient funds, the client agrees to pay John’s Photography a fifty dollar ($50.00) processing fee.
(a)
The photographer is contracted to photograph the wedding of the clients including bridal preparations which will take place at 5678 Main St commencing at approximately 10.00 on 29
February 2010 and anticipated to last approximately ninety minutes. The wedding ceremony will take place at St Saints Church commencing at 2.00pm. The photographer will be at the church at approximately 1.15 pm. Following the ceremony a photo session will be held either in the church , or at the waterfront, depending on weather. This decision will be made by the clients on the morning of
29 Feb. The reception will be held at the Acme Hotel Ballroom and the photographer will arrive at approximately 5.30pm.
(b) A proof disc and/or on-line gallery will be available to the client(s) within fourteen (14) days of this event. Clients will have up to ninety (90) days to make their decision on which images they want processed as well as in what sizes, and what, if any, special treatments they would like. If the client(s) do not contact John’s Photography with the list of images they would like processed within ninety (90) days, then the contract will be considered fulfilled and any outstanding monies owed by the client(s) to John’s
Photography will be due immediately. Clients are reminded that they will be charged the hourly rate
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specified in paragraph 2(a) for post-processing work which includes cropping, adjustments, and artistic editing as deemed necessary by the photographer to ensure an appropriate degree of quality control.
(c) The product(s) that John’s Photography is/are responsible to deliver under this contract is/are: i.
ii. a disc of high-resolution .jpg images; and nothing else.
(d) Clients are reminded that not every photograph taken will be suitable for processing and the photographer has sole discretion as to which images are of sufficient quality to include in the proof disc/gallery.
(a)
Every effort will be made to ensure that the client(s) receive the highest possible quality product, however, due to the dynamic nature of weddings , the photographer makes no guarantee with respect to any issue of quality, type, style, number of photographs, visual or artistic appearance of the final product.
(b) John’s Photography uses only those products and services, which, in his opinion are of sufficient quality to meet the requirements of the client(s). No guarantee is made or implied with respect to the quality, appearance or longevity of any product, and only those guarantees made by the manufacturer of said product(s) which are applicable under the circumstance shall be in effect.
(c) In the event that action is wanted or needed on behalf of the client relating to a product quality or warranty issue the photographer will render assistance where he is able to, but is under no obligation to do so.
(a) The photographer accepts no liability in the event he is unable to fulfill any or all of the terms of this contract by reason, including, but not limited to: personal illness, injury, equipment malfunction, inclement weather, natural disaster or transportation problem beyond a refund of any money paid. In the event that the photographer is unable to attend for any reason other than dissolution of this contract, he will make every reasonable effort to locate and book an alternate photographer if so desired by the client(s).
(b) If an alternate photographer is booked by John’s Photography, John’s Photography will endeavour to ensure that the terms of this contract are filled as closely as possible, and that all monies paid in advance will be refunded to the client(s). John’s Photography accepts no responsibility for the quality, style, amount, or visual appeal of any final product produced by an alternate photographer.
The nature of the event for which this contract is drafted as well as the date, time and venue, as specified in paragraphs 1 and/or 3 and/or the Client Information Sheet are those for which the photographer is booked. Changes at the request of the client(s) to any or all of those points may be entertained, subject to the availability of the photographer. A surcharge, in addition to those fees specified in paragraph 2(c) may apply in the event that the client requests changes.
(a) The client(s) are free to cancel this contract without penalty and to receive a full refund of any monies paid if they do so at least ninety (90) days or more prior to the event.
(b) In the event that the client(s) cancel this contract with less than ninety days but more than fourteen
(14) days notice, they agree to forfeit Initial Retainer (the sum specified in paragraph 2(c)i), but shall be entitled to a refund the Confirmation Retainer (the sum specified in paragraph 2(c)ii) if already paid.
(c) In the event that the client(s) cancel fourteen (14) days or less notice to the photographer, they agree to forfeit all monies paid and if the sum specified in paragraph 2(c)ii has not been paid, to pay that immediately.
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(a)
John’s Photography shall retain copyright over all images taken at this event, and reserves the right to use them for any non-commercial purpose, including, but not limited to: Self-promotion, display, artistic and/or professional accreditation or competition.
(b) Only the client(s) shall be permitted to reproduce images in accordance with the terms which will accompany their image package/disc, but shall in no way edit or alter the images except for minor cropping where required to accommodate a different print size than that for which the file was originally made.
Clients may not re-distribute high-resolution files.
(c) The client(s) will, in advance of the event and where necessary, ensure that guests and attendees consent to the provisions of paragraph 8(a).
(d) Irrespective of any request by the client(s), the photographer will not photograph any person or persons who state, or clearly indicate that they do not wish to be photographed. In the unlikely event that this happens, the photographer will advise the client(s) at the earliest reasonable opportunity.
(a) In order to ensure that the client(s) receive the highest possible level of service and quality of product, John’s Photography shall be the exclusive professional photographer at this event, unless agreed to, in writing, beforehand. The photographer, may, at his discretion, bring assistants.
(b) People in attendance are welcome to photograph the event whenever venue rules permit, however the photographer will not accept responsibility for missed photographs and if one or more people are inhibiting our ability to document your event, client intervention will be requested.
Client signature(s) constitute acceptance of and agreement to the terms outlined above.
______________________________________ ______________________________________
Bill Smith Sally Jones
______________________________________
John W. Penner, John’s Photography
___________________________
Date
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