Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Victoria Mason known as "Photographer", shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. Both parties agree that this contract shall be binding as evidenced by their signatures. Any modifications to this contract must be mutually agreed upon by both parties in writing with signatures from both parties. The laws of the State of Tennessee shall govern this contract, and any resulting arbitration shall take place within Hamilton County, Tennessee. Client shall assume responsibility for any and all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable by legal judgment, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce any provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
Booking Fee and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable booking fee equal to 30% of the total photography fee. No date is reserved until the contract and booking fee are received. The booking fee serves the purpose of reserving your date only. The remaining balance of 70% of the wedding package must be paid in full no later than 14 days before the event date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid in cash. Unless the contract is canceled, the booking fee shall be applied to the photography fee total. In case of emergency a payment plan may be made at an extra fee. However, if all the payments are not made within 2 weeks after the wedding, a late fee of $30 will be applied for each week post due starting with the wedding day. The photographer reserves the right to keep the job on hold till all the payments made. This may result in a delay in editing and delivery of the finished product.
Cancellation: If for any reason Client cancels this contract before the wedding date, Photographer will keep the booking fee. Cancellation must be made in writing by the client. If Client fails to supply written cancellation before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
Reschedule: In the event that Client reschedules the wedding for the date when the photographer is already booked, the photographer keeps the booking fee since the photographer was refusing other assignments for that date. Credit may be applied to photo coverage within one year of original date. In the event that Client reschedules the wedding for the date when the photographer is not booked, the photographer will change the wedding date on the contract at no additional cost.
Liability: If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Responsibilities: Unless agreed upon in advance, Victoria Mason shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semiprofessional photographers or relatives must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's duties. Photographer is not responsible for compromised coverage due to causes beyond her control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation.
Picture lists. If using a list for family portraits, the bride agrees to designate a person(e.g. bridesmaid or a relative) to identify specified persons or groupings on that list. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only.
Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Pricing: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All print/album credits, sessions and/or any products included in the package must be used within 6 months.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution files and/or proof sets may contain a mixture of color and black and white images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer's discretion. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Images determined by the photographer to be substandard or duplicated may be edited out. Client may request additional retouching at a current rate of the retouching company that Photographer is using for complex retouching. Photographer is not responsible for any prints that are not ordered directly from her.
Photo USB: Upon receipt of a USB, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read USBs provided. It is Client's responsibility to make sure that digital files are copied to new media as required. In case of loss of the USB, an extra copy can be made at $25 fee.
Album: For all albums ordered as part of a package or as an add-on, image selection and album ordering by Client should take place within 3-4 months after the receipt of the images from the photographer. Album prices are not guaranteed past this date, and increases in price that occur after this time are the responsibility of the client. The sooner the selection is made and communicated to Photographer, the sooner the album design and production can commence. Once Client submits the images selection, Photographer will send the proofs of the layouts of the album to Client for approval. Two revisions can be made at no charge. After that any changes of the design will be charged current hourly rate.
Final Products: Allow up to 2 months for your USB with images to arrive.
Print Release & Copyright: Client is granted limited printing rights for the images provided on the USB. Client can print unlimited number of copies as long as they are no bigger than 11”x14”. Prints larger than that can be ordered from the photographer. A written Release will be supplied with the digital files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers). Any photo merchandise can only be ordered from the photographer. This release does not include rights of sale. Copyright is retained by Victoria Mason Photography and remains Victoria Mason’s intellectual property under the US Copyright Law. It’s protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Online Use: Digital files uploaded on any website including but not limited to Facebook have to have the name of the photographer & the link to the website (Victoria Mason Photography, www.victoriamasonphotography.com) in accordance with the Release. To prevent unauthorized use and protect Client, only watermarked images can be shared online.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Victoria Mason. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns. To void this part of the agreement an additional fee of $200 will be added to the balance due the time of the booking.