This contract is between Mikayla Herrick Photography (hereinafter “MHP”)
and the Bride and Groom below (hereinafter “THE CLIENT”)
relating to wedding photography services on the wedding date below.
Please email me a list of ALL (each and every one) of the family group photos you'd like. Please use their actual names, instead of "mom" or "brother" etc. On your wedding day I take family photos by referring to this list and calling out each name per photo. I will only be able to know what you want if I have this list. It helps make family photos go much smoother and less chaotic! Whether you want only a few shots with immediate family, or you want to include all of your extended family, I'm up for it! Don't feel bad if your list is long; this is your day, and these photos are for you! Just be sure to send me the list that you want. firstname.lastname@example.org
Photo 1: Bride, Groom, Julianne, Andrew, Levi, Ali
Photo 2: Bride, Groom, Julianne, Andrew
Photo 3: Bride, Groom, Levi, Ali
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between MHP and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. LEVEL OF SERVICE: The parties agree that MHP will furnish wedding photography services as itemized in the attached schedule.
3. RESERVATION AND FINAL PAYMENT: Upon your signature, MHP will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of $500 is non-refundable even if the date is changed or the wedding is cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due one month before the scheduled wedding date. THE CLIENT agrees to make payment under this schedule. If all cost associated with this contract are not paid in full before wedding, THE CLIENT acknowledges that they are in default and have canceled this contract due to non-payment. THE CLIENT will contact MHP as soon as they realize they are not able to adhere to the payment schedule chosen.
4. DIGITAL IMAGES DELIVERY: No longer than 6 weeks after the wedding date, MHP will provide THE CLIENT with the edited wedding images on an online gallery with the ability to download the images from the gallery. MHP will choose the images to be manipulated and edited, and is not responsible for editing all the wedding images.
5. CANCELLATION: All cancellations must be in writing unless the contract is cancelled due to non-payment. A change of wedding date is treated as a cancellation in regards to this contract. If THE CLIENT wishes to reschedule the wedding date to a different date, the deposit will be applied to that contract if the date is available for MHP. If the new date is not available, the deposit is forfeited. If THE CLIENT cancels this contract in it’s entirety, the deposit is forfeited. If THE CLIENT cancels the event after the final payment is paid, 75% of the final payment is non-refundable, 25% will be reimbursed to THE CLIENT.
6. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalize the actual shooting times and locations (typically this is the engagement session).
7. SPECIFIC COVERAGE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. Client will furnish MHP with a list of any persons, groups or occurrences specifically desired to be photographed, if any, at least two weeks before the wedding date. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s). MHP will try to obtain all shots on THE CLIENT’s list, however MHP cannot guarantee the list will be fulfilled. MHP also recommends THE CLIENT furnishes a list of the most important moments/things they want captured on the wedding day. MHP will NOT be held accountable if they are not given a list to adhere by. All other photographs taken by MHP will be made in her professional discretion.
8. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 90 minutes before or after the wedding ceremony for pictures. The 90 minutes before or after the ceremony includes the bride and groom, wedding party and family photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90-minute window from occurring, MHP shall not be held liable for failure to take desired photographs. If THE CLIENT chooses to forgo or limit the 90 minutes, THE CLIENT understands that the quality of posed and candid photographs directly relates to the amount of time given to MHP to photograph.
9. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. MHP is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to MHP. MHP recommends that THE CLIENT designate a list (see SPECIFIC COVERAGE above) to point out important items and individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
10. 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 involved. THE CLIENT and MHP agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, MHP will not be held liable for any photographs not taken.
11. HOUSE RULES: MHP is limited by the guidelines of the ceremony and reception official and/or site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; MHP will offer technical recommendations only.
12. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by MHP are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without MHP permission. As the author of all images made hereunder and as provided for by law, MHP shall retain the copyrights in perpetuity, regardless of possession or ownership of negatives, photographs, digital files or any other format of reproductions.
Upon delivery of the final images (if the client so chooses), limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
-Images may be posted on personal web sites/blogs/Facebook with the above understanding and an acknowledgment or credit to Mikayla Herrick Photography.
-Images may NOT be altered or edited in any way.
MODEL RELEASE: THE CLIENT hereby assigns and grants MHP and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT and their wedding guests may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases MHP and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that MHP may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in photography books, photography instructional books, advertising and any other purpose thought proper by MHP. MHP will ask THE CLIENT for publication permission if guests younger than 18 years old are involved.
________THE CLIENT gives MHP permission to use the Bride and Groom’s names in the MODEL RELEASE situations.
________THE CLIENT does not give MHP permission to use names for personal reasons.
WEBSITE/BLOG ADVERTISEMENT: By signing this contract, THE CLIENT gives MHP permission use and post engagement and wedding photographs for advertisement purposes on website/blog.
EXCLUSIVITY / GUEST PHOTOGRAPHY: MHP will be the sole professional still photographer(s) working at the wedding events, and will have priority over any other type of photographer or any videographer employed in connection with the wedding in the positioning of camera and equipment.
GUEST 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 sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors. MHP 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 may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, 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. THE CLIENT understands that in such an event, no refunds will be granted.
13. PAYMENTS: THE CLIENT agrees that a $500 deposit is required at the time of contract acceptance and 100% of the remaining balance is due 30 days before the scheduled wedding date. Failure to do so will terminate this contract.
14. FINAL DELIVERY: MHP will unveil the final images by either A) an online gallery or B) flash drive (MHP discretion) once editing and manipulation is completed, no longer than 6 weeks after the wedding date.
15. METHOD OF PAYMENT: The deposit and final balance may be paid cash or check or through the app Venmo. Checks are written to “Mikayla Herrick.”
16. SECOND PHOTOGRAPHER: MHP agrees to provide a second photographer on the day of the wedding for a minimum of 5 hours for the silver and gold packages, at no extra cost to THE CLIENT.
17. RIGHT OF WITHDRAWAL: MHP’s discovery of new information, changes to agreed circumstances, or other factors, which tend to circumvent its policies, may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should MHP initiate the withdrawal, all fees will be returned (deposit included), excluding fair market value for all services/products already provided. In case of withdrawal, $60 an hour is charged for all photography services already provided and $60 an hour is charged for all other services and consultations, rounded up to the nearest half-hour.
18. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. MHP will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a 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. MHP takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond MHP control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
19. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, MHP cannot place an unconditional guarantee on the above. MHP will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of MHP’s control. MHP will to the best of its ability make an effort to capture high quality images under a variety of lighting, location, and human variables, and will use all its tools and abilities to capture high quality images to the satisfaction of THE CLIENT. MHP may use different cameras, lenses, poses and may do several shots of the same scene because of any number of variables. MHP is not responsible for non- photogenic subjects, moving subjects, changing human or environmental conditions that could affect the quality or composition of the images captured. MHP is not responsible for catastrophic equipment failure due to unforeseen incidents or acts of God. Equipment redundancy is standard operating procedure and will be put to use in the event of equipment failure.
20. PERFORMANCE: The performance of this contract on behalf of MHP 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.
21. SAFETY: MHP reserves the right to terminate coverage and leave the location in the event of experiencing inappropriate, threatening, hostile or offensive behavior from person(s) at the event; or in the event that the safety of MHP is in question.
22. RETENTION OF DIGITAL FILES: MHP retains unedited digital image files for 2 months after the wedding, and edited digital files for 12 months after the wedding. Digital files not purchased/requested by THE CLIENT after 2 months are subject to disposal by MHP.
23. PROFESSIONAL IMAGE MANIPULATION: MHP will perform limited professional image manipulation (if technically possible) on any of the digital images. This includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, color correction, special effects, portrait glamorization etc. at MHP’s discretion. After the delivery of the final digital images, it is understood that THE CLIENT will reside with the fact that MHP has performed to its best ability with regard to image manipulation and editing, and that MHP has no further responsibility towards image manipulation and editing.
24. ARTIST DISCRETION: THE CLIENT understands that the work of MHP is always evolving and that the final edited images THE CLIENT receives may or may not represent the work MHP previously created weeks, months, or years prior. Each image is taken and edited with the upmost care at the discretion of the artist, MHP.
This Agreement constitutes the entire understanding and terms of the parties, and contains all Agreements between the parties with respect to its subject matter. The invalidity or unenforceability of any particular provisions of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. This Agreement may be amended or revoked at any time by a written Agreement executed by all the parties to this Agreement. No change or modification to this Agreement shall be valid unless made in writing and signed by all the parties to this Agreement.
25. LEGAL TERMS THE CLIENT agrees not to sue MHP or Mikayla Herrick or any second shooter under any circumstance.
By executing this Agreement, the parties certify that they have completely read and understand this Agreement, and that its terms are fully understood and voluntarily accepted.