This Contract is between the Client, whose name and address is listed above, and Angie Willis Photography, LLC, to be referred to as AWP for contract purposes.
Entire Agreement: This agreement contains the entire understanding between AWP and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to amend this agreement is to do so in writing, and providing the document is signed by all relevant parties.
Payments / Booking: Upon completion and sending the document, AWP will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a booking fee of 25% of total package is non-refundable, even if the date is changed or the wedding cancelled for any reason; excluding acts of God, fire, strike and/or extreme weather. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted wedding photography package and will be deducted from the final balance due. The client understands and agrees that 100% of the remaining balance is due 4 weeks prior to the wedding date.
Cancellation: In the event that the client cancels the contracted services for wedding photography outlined in this contract more than 6 months before the wedding ceremony takes place, the booking fee will be forfeited. If cancelled between 3-6 months of the proposed date, 50% of the outstanding balance will be due as compensation for loss of earnings; and if cancelled less than 3 months from the proposed wedding date, the full balance will be due as agreed upon the terms of payment above.
Shooting time and Additions: The day’s schedule and selected methodology are designed to accomplish the goals and wishes of the client in an effective manner for all parties involved. The client and AWP agree that positive cooperation and punctuality are therefore essential. Services will commence at the scheduled time. Should any event start late due to any reason whatsoever, AWP will not be held liable for any photographs not captured. Should any event start early due to any reason whatsoever, AWP will not be held liable for any photographs not captured.
Cooperation: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. AWP 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 AWP.
Event Guide: The client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. AWP 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). The client is also responsible for identifying any individual/s that do not desire to be photographed.
Exclusivity / guest / media / digital rights: It is understood that AWP will act as the primary and sole photographer. AWP is not opposed to guests taking pictures or videos while we are working, just be advised that as you have hired AWP and if guests get in the way then we are less capable of completing our work, especially with excellence.
Model Release: The client hereby assigns and grants AWP and its legal representatives 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 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 AWP and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that AWP may display and use the photographs taken for advertising, display, website and Internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, magazine advertising and any other purpose thought proper by AWP.
Breaks / Food: Each photographer will be provided a full guest meal for coverage which exceeds 4 hours. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 minutes. AWP will assume no responsibility for any usable photographs missed caused by having to eat off-site.
Safety: AWP reserves the right to refuse to work in any circumstance that places a team member safety or the safety of those being photographed in jeopardy or potential jeopardy. AWP has sole discretion over the decision of safety.
Social Media: This clause applies to all social media, including Facebook and blogs. When any product received from AWP is posted online, it is required that proper recognition be given to AWP. The client agrees that they will under no circumstances alter the product’s that are placed in public on the internet. As an artist, AWP must require that all work placed online will be accurate representations of the work provided so that future clients have a healthy understanding of the products/services that they will receive. The client agrees to be responsible for any family member or friend who posts any AWP products online.
Satisfaction / Accuracy: The client agrees that the work delivered will be of a similar style and caliber to the work on the AWP website, and that the photographer(s) will be given creative liberty during the session and in post-processing. The images will be delivered in the form of an online gallery where all the edited images will be downloadable. The product(s) may be posted by AWP online, but this is not a certainty. The client agrees that the photographer can only capture the wedding that happens; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the final product(s).
Image Release: The client hereby assigns and grants AWP the right to use and publish photographs of the client or in which the client may be included, for advertising and display on AWP website and blog, internet promotion, photographic contests, or any other purpose thought proper by AWP.
Completion Schedule: Digital processing takes approximately 8-10 weeks. All of these time frames may be longer in busy periods (Months inclusive of May to October).
Right of Withdrawal: AWP'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 AWP initiate the withdrawal, all fees will be returned, excluding initial payment as well as fair market value for all services/products already provided. In case of withdrawal, $100.00 an hour is charged for all photography services already provided.
Limit of Liability: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. AWP 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. AWP 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 AWP’s 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.
Choice of Law: This agreement is governed by the law of the State of Oklahoma. If any dispute arises under this agreement, it shall first go through an alternative dispute resolution. If the dispute cannot be resolved through the alternative dispute resolution process, then either party may bring a claim in the appropriate court in the state of Oklahoma.
Travel and Stay: All drivable travels, 60 miles exceeding area code 73098 is an additional $.50 per mile, round trip. If the location is not within drivable distance, the client is expected to provide flights, transportation, and a two night stay must be covered.
Severability: If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, the other provision of the contract will remain in full force and effect. Any provision of this contract found to be invalid or unenforceable in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Amendments: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client and AWP at the time of acceptance of this contract shall be recognised as amendments to this