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12-03-2009, 07:10 AM   #1
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Wedding contract

I have been a second shooter and my girlfriend has also been a second shooter but we have never been the main photographer. But we have had several people ask us to shoot their weddings. We have turned them down for a while, but now we feel we are ready mentally and physically. We are in talks with a client to shoot their wedding next August but we don't have a contract written up yet.

I'm wondering how you wedding photogs go about writing up your contract? Is there a standard form I could use and modify for my own? Anyone have an example I could read through?

12-03-2009, 07:41 AM   #2
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You could probably google wedding contracts and get some ideas. Your best bet though is to get in touch with a real lawyer.
The internet is full of free legal advice, most of it worth the paper it is printed on.
12-03-2009, 01:08 PM   #3
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pm me with your email address and ill send you mine as a .doc file if you want it. you can edit it and save it as a pdf

(if I can FIND the .doc, that is...but I do have PDF no doubt)
12-03-2009, 01:23 PM   #4
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Well done on taking the plunge.
Hope you enjoy it.
I also reworded a sample contract I found online, so you could start there but do be clear about what you need to cover in the contract as you'll be doing it in a more professional capacity.

12-03-2009, 08:40 PM   #5
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I can also share my contract info if you would like.

Just one caveat - Don't expect your initial contract to be "it" - you will need to revise it as your business grows or you determine that certain things need modifying to address issues you didn't expect. You will also want to have various versions of your contract so you don't overwhelm the client with irrelevant information (wedding vs. HS Senior shoot vs. Baby portraits vs. commercial, etc.)

Another good source for contracts are the pro-photography organizations. You might want to check out your local pro-photographer group or one of the national organizations.
12-11-2009, 11:57 AM   #6
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ENTIRE AGREEMENT: This agreement contains the entire understanding between MJB DIGITAL and CLIENT: (please print)

It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.




+ SPECIAL REQUESTS:____________________________________________________________________________________

= : $________________________________.00

RESERVATION: Upon your signature, MJB DIGITAL will reserve for the client the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a Retainer Fee of $250.00 dollars is required and non-refundable, even if the wedding date is changed or the wedding is cancelled for any reason, including acts of God, fire, strike, extreme weather and any event, situation or circumstance outside of the control of MJB DIGITAL or CLIENT. The Retainer Fee is to be paid at the time of the signing of the contract. The Retainer Fee is applied toward the contracted wedding photography package. CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due no later than (2) weeks before the Wedding Day. CLIENT agrees if the balance is not paid by this time, MJB DIGITAL will NOT photograph the Wedding Day described on the contract with no liability to MJB DIGITAL and loss of Retainer Fee by CLIENT.

PRE-EVENT CONSULTATIONS: The parties agree to two pre-event consultations before the event date in order to schedule the actual shooting times and locations and to finalize in writing CLIENT'S request list for specific photographs and special locations. CLIENT will be responsible for, or have someone designated to, identifying people of whom specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering desired people for photograph(s). The bride and or groom agree to set aside at least 30-minutes of time before the ceremony commencement of the wedding and a 45-minute time frame afterward for photographs that cannot be obtained during the wedding including group shots. If the bride or groom or anyone else's late arrival prevents this 30-minute window from occurring the photographer shall not be held liable for failure to take desired photographs.

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. MJB DIGITAL is not responsible for key individual’s failure to appear or cooperate during photography sessions or for missed images due to details not revealed MJB DIGITAL or for images missed due to unexpected circumstances. MJB DIGITAL recommends that CLIENT designates an "event guide" to point out important individuals for informal or candid photographs to the photographer (see above) during the wedding that they wish to have photographed.

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and MJB DIGITAL agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. Additional locations or special photographs may impede the punctuality of the schedule of the wedding day. If CLIENT asks for any special locations or photographs that impede the punctuality of the wedding day

HOUSE RULES: The photographer is limited by the guidelines of ceremony officiant and reception site management as well as the management of the special locations that may be used for particular photographs. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT 's responsibility; MJB DIGITAL will offer technical recommendations only.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by MJB DIGITAL are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without MJB DIGITAL explicitly written permission. The CLIENT must obtain written permission from and compensate MJB DIGITAL prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit.

MODEL RELEASE: The CLIENT hereby grants to MJB DIGITAL and its legal representatives and assigns, 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 and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases MJB DIGITAL and its legal representatives and assigns from all claims and liability relating to said photographs.

EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that MJB DIGITAL will be the exclusive and only wedding photographer. The CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time the professional photographers are working. MJB DIGITAL suggests that a separate notice be placed in the invitations. The formal photography time is for the express use of MJB DIGITAL to capture the formal wedding portraits. Because of time constraints and the need for subjects to give full attention to the professional photographer, guest photography cannot be permitted. MJB DIGITAL will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time the studio photography equipment is being packed up. Guest photography at the reception will be allowed at any time. In return for this consideration the MJB DIGITAL insists no other guest photography take place when or where MJB DIGITAL is working.

COOPERATION: The CLIENT is responsible for the conduct of their guests. The CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography as scheduled. The clients should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the wedding day should be planned to make the best use of time from all vendors. MJB DIGITAL will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the CLIENT is unable to control the conduct of their guests or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. We understand that in such an event, no refunds will result.

COMPLETION SCHEDULE: Digital processing takes approximately 2 weeks. Creation of a wedding album 4 weeks (plus 4 weeks for delivery time) and enlargements 1-2 weeks, and possibly longer when laboratory and bindery schedules are heavy.

PAYMENTS: CLIENT agrees that $250 retainer fee is required at the time of contract and 100% of the remaining balance is due at least 14 days prior to the event date.

PURCHASE OF DIGITAL NEGATIVES: If the CLIENT desires a copy of the high-resolution digital negatives, a CD can be purchased for $500

PENALTY FEES & CHARGES: There is a $50 charge on checks returned for any reason.

RIGHT OF WITHDRAWAL: MJB DIGITAL’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation, changes of locations, facilities or times available, missed appointments, bad or returned checks, or late payments are examples of contributing factors. Should MJB DIGITAL initiate the withdrawal all fees and deposits will be returned, excepting fair market value for all services/products already provided. In case of withdrawal $125 an hour is billed for all photography services already provide, and $20 an hour is billed for all other services, consultations, and all driving time, rounded up to the nearest hour.

LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. MJB DIGITAL will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. MJB DIGITAL takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond MJB DIGITAL control, MJB DIGITAL liability is limited to the return of all payments received for the event package. 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.

PERFORMANCE: The performance of this contract on behalf of MJB DIGITAL shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes and/or modifications specifically placed in writing, attached, signed and dated by the CLIENT and MJB DIGITAL at the time of this contract’s signing shall be recognized as amendments to this contract.

SUSTENANCE: MJB DIGITAL will have been working for up to or more than ten hours without a break during the wedding day. MJB DIGITAL politely requests two meal be provided for the photographers (photographer and assistant) during the reception dinner as well as a short break during the meal.

Yes____ No____

Bride, Groom and Purchaser of Services (if other than Bride and Groom) please sign below

Date ______/______/______

Date of wedding ______/______/______
12-11-2009, 11:58 AM   #7
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I have made some changes lately to the contract, but that's what I have right now. I just went ahead and put it up in here for everyone to see....

12-14-2009, 12:36 PM   #8
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Thanks MJB, that's a really good contract.
12-17-2009, 04:06 PM   #9
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rock and roll babeh

p.s. GenBen I added you as a contact on the PentaxForums Wave that I made on Google Wave...
12-18-2009, 11:36 PM   #10
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I love the sustenance clause - it surely beats my Granola Bar clause
12-21-2009, 07:59 AM   #11
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awesome, you have a granola bar clause? 8D
12-21-2009, 09:44 PM   #12
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Yep, it clearly states I shall not be made fun of when I sit in a corner munching my granola bar while the celebrants do the Chicken Dance for the 3rd time that night.

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