Stu Stu Studio Photography

Wedding Photography Contract

Photographer:
Stu Stu Studio Photography

Address:
704 Raymond Drive
Lewiston NY 14092
1. A Summary of the Agreement
The photographer is responsible for providing for the client a photographic service and products as detailed in section 2 (‘coverage’). The client undertakes to engage the photographer for this coverage for the price as detailed in section 3.
2. The Coverage
Coverage will be provided by the photographer as follows:
Product package included in the coverage: 2 photographers with full-day coverage. Professionally edited USB Drive with printing rights, (minimum of 500-1000 edited images chosen by the photographer). Please allow up to 120 days from the event for gallery completion.
3. Payment Arrangement
The client will pay the photographer a total fee of $2900.00 subject to the following terms: A $ 500.00 down payment to secure the date and payable on execution of this agreement. This deposit is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
Payment of the balance of $2400.00. no later than one month before the date of the wedding. Cancellation less than 12 weeks before the date of the wedding will require payment in full. All cancellations must be in writing. The cancellation conditions above will apply for postponed weddings if the photographer is not able to re-schedule for the new date and time. The fee for postponed weddings is subject to change.
Any additional payments for albums and other services are to be made when that order is placed. Prices for orders placed over one year after the date of the wedding may be subject to change. This included orders included in the initial wedding package.

4. Copyright
The entire copyright in the photographs is retained by the photographer at all times throughout the world. Where a USB drive of photographs has been provided to the bride and groom as part of their wedding collection, these photographs may be printed, and displayed online, for personal but not commercial use.
The photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

5. Image Size, Color, Style, and Composition
All image sizes are approximate. The photographer will provide a pleasing color balance but cannot guarantee exact color matching. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject on the basis of style or composition.

6. Attendance
In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on his/her behalf to undertake the photography.
Due to the commitment to weddings at the weekends, engagement/pre-wedding portrait shoots are arranged Monday to Friday. The location of the engagement/pre-wedding portrait shoot is within 20 miles of the studio location. Otherwise, a charge may apply.

7. Indemnity
The photographer agrees to indemnify the client against all expenses, damages, claims, and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trademarks, designs, or other intellectual property. The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the wedding. In all other cases, the client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.

8. Limitation of liability
In the unlikely event of total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety.
Force Majeure and Safe Environment
x.1 If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other casualty, an act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Photographer may, in Photographer’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.

x.2 In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement, Photographer shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.
x.3 Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.

© 2020 Stu Stu Studio - Lewiston, NY Photography