Wedding photography agreement
Terms and Agreement
This agreement for photography services (“Agreement”) is made by and between Zo’e Fraley, dba Aloha Zo Photography ("Photographer(s)") and (Client Names stated below).
1. Photography Events and Services:
Package Specifications can be found here: https://www.alohazophoto.life/pricing
Photographer will supply the Photographs via digital files by uploading such files to a drop box or other account where Clients may access and download the Photographs. Photographer will not supply hard copies or film negatives of the Photographs.
2. Parties and Contact Information:
Photographer: Zo’e Fraley / Aloha Zo Photography
Address: 6 Sedona, Foothill Ranch, CA 92610
Client contact information to be entered below
3. Price: Clients agree to pay to Photographer the below amounts as compensation for the wedding photography services described above:
Elopement $500 + travel
Backyard Package $1000 + travel
Standard Wedding Package $1200 + travel
Engagement Bundle $1350 + travel
Newlywed Bundle - $1450 + travel
A 25% booking fee is due on signing this Agreement, with the balance of the Price in good funds due seven (7) days before the date of the wedding. The booking fee is deemed earned and non-refundable upon Client’s signing of this Agreement as compensation for Photographer(s) scheduling the photography dates specified above. Client’s signed Agreement and payment of the booking fee are necessary to reserve the photography date(s) and wedding photography services specified above, however, final payment no later than seven (7) days prior to the photography date is required to confirm the stated wedding photography services. If location is not decided at time of booking, travel fees will be applied subsequent to planning at a rate of $.55 per mile. The Photographer has the right to require additional fees if the Client requests more time of shooting or additional post production services. If the final payment is not timely received, then the wedding shall be deemed to have been cancelled, Photographers shall not be required to attend the wedding or reception and provide the wedding photography services, and the provisions of Section 12 are applicable.
4. Pre-Wedding Consultation: This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timing as needed. If required, the Clients are welcome to schedule an additional chat closer to the time of the wedding (about 2 weeks) at a mutually agreeable location and time to discuss the remaining details. In any case, Photographer will contact Clients by phone a few days before the wedding to discuss details.
5. Cooperation: The Clients and the Photographer agree to happily cooperating and communicating with each other to achieve the best possible result within the terms and provisions of this Agreement. No later than seven (7) days before the wedding, Clients will provide Photographer with an agenda/schedule for the wedding and reception (and Clients will follow up immediately with any changes). Clients will designate and provide Photographer with a helper (usually the best man or other reliable individual) (“Helper”), who will point out key individuals to be photographed. The Photographer may also require the assistance of the Helper in organizing family groups. The Clients also agree to provide Photographer sufficient warning of key events at the wedding to give the Photographer 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 the Photographer will use its discretion but cannot be held responsible for a lack of photos of these people.
6. The Schedule: Photographer’s 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 the Photographers 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 practical best.
7. Paparazzi Wedding Guests: It is likely that many of your guests will have cameras and that your guests will want to photograph the Clients. In the spirit of cheerful cooperation, the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the wedding services described above. Photographer cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer's work.
8. House Rules: Photographers are sometimes limited by rules imposed by registrars, ministers and venue management (any or all, the “Management”) as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed by the Management. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary, the Clients will negotiate with the personnel concerned and advise Photographer well in advance of any rules of the Management as well as any exceptions agreed upon by the Management.
9. Copyright Law: The right, title and interest, if any, in and to the Photographs, including but not limited to all copyrights arising in any jurisdiction in the world, remains at all times with the Photographer. The Photographer grants the Clients permission to make copies of the Photographs supplied by Photographer to Client under the following conditions: The Photographs taken by the Photographer are for personal use by the Clients and their friends and relatives and may not be sold, published or commercialized without prior written permission from the Photographer. This paragraph survives the termination or expiration of this Agreement.
10. Model Release: The Clients consent to and grant to the Photographers and its legal representatives, heirs and assigns or anyone authorized by Photographer (collectively, the “Releasees”), the irrevocable and unlimited, perpetual, right (but not the obligation) and consent, to own and use the photographs and images of the Clients and other individuals photographed during the wedding photography services performed (the “Photographs”) for editorial, competition, advertising, publicity, and any other purpose and in any manner, to alter the Photographs without restriction; to publish the Photographs in whatever media, and to affix copyright notices to such Photographs in any manner the Releasees may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kind. Clients hereby stipulate that the Photographs are the property of the Photographer and that neither Clients nor anyone else photographed will receive any compensation for the appearance or participation in the Photographs or Releasees’ use thereof. Clients hereby release the Releasees from, and waive, any and all liability, claims, damages or obligations whatsoever in connection with the Photographs or any use thereof, including but not limited with respect to libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the use by the Releasees or another of the Photographs. This paragraph survives the termination or expiration of this Agreement.
11. Limit of Liability: If a photographer is too ill, becomes injured and cannot supply the wedding services specified above, the Photographer will promptly notify Clients and will attempt to book a replacement wedding photographer (and in such event Photographer will assign to the new photographer the amounts paid by Client to Photographer). If the Photographer is unavailable and a replacement photographer cannot be found, then all liability of Photographer, its legal representatives, heirs and assigns is limited to a refund of any payments received from Client. Once the wedding event is photographed, the Photographers have reasonable working methods in place to prevent loss or damage to your images. However, there is the possibility that images may be lost, stolen or destroyed for reasons beyond Photographer’s reasonable control. In any event, Photographer’s liability for all claims of Clients against Photographers, whether in contract or tort, is limited to the return of payments received from Client for the service or part thereof lost, damaged or destroyed, according to the percentage of images supplied. Additionally, if storm, flood, other act of god, government, war or act of terrorism, or other matters beyond the reasonable control of either of the parties prevents or interferes with Photographer’s obligations to provide the wedding photography services, then all liability of Photographer, its legal representatives, heirs and assigns is limited to a refund of any payments received from Clients. In any event, the parties agree that such damages would be impossible or impracticable to establish at the time that this Agreement is entered into and therefore the return of such payments received from Clients (or prorata payments if Photographs are lost, damaged or destroyed) is a reasonable approximation of the damages that Clients would suffer. This paragraph specifies the sole and exclusive remedies for all claims of Clients against Photographers, whether in contract or tort, for failure of Photographer to provide the wedding photography services or the Photographs. Neither party shall be liable for consequential, exemplary, special or punitive damages, regardless of whether a party has been notified of the possibility of the same. This paragraph survives the termination or expiration of this Agreement.
12. Booking Fee/Deposit: If the Clients cancel the wedding for whatever reason, Clients understand that Photographer will have reserved the date(s) and will have forgone other booking opportunities in reliance upon the reserved date(s). If the Clients desire to delay or postpone the wedding, and Photographer is able, in Photographer’s sole and absolute discretion, to reschedule its services to the re-scheduled wedding date, then Photographer shall apply the booking fee to the re-scheduled date and all other terms and conditions of this Agreement will remain in place, however, the parties will amend this Agreement in writing to specify the new dates and location information mutually agreed upon. If the locations are changed so that they are in excess of five (5) miles from the original locations, then the Price may be adjusted by Photographer as necessary. Clients agree that the booking fee is non-refundable and is a reasonable approximation of the damages that Photographer will suffer in the event that Clients cancel the wedding or delay the wedding to a date which the Photographer is unable to accommodate. The booking fee will be considered as liquidated damages to the Photographers as Photographers’ sole and exclusive remedy for Client’s cancelling or rescheduling the wedding. This paragraph survives the termination or expiration of this Agreement.
13. Miscellaneous. This Agreement contains the entire understanding between the Clients and the Photographer and supersedes in its entirety all prior or contemporaneous understandings, agreements or discussions, whether oral or written. This Agreement is governed by California law. Any amendments to this Agreement must be in writing and signed by all parties. If Client is more than one person, then this Agreement applies joint and severally to Client(s). This Agreement may be signed in any number of counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. This Agreement may be signed in ink originals and delivered by scanned emailed files.
We have understood the contents of this Agreement and agree to the terms and provisions hereof.
Client Contact Information & Event information