Been asked to do a wedding, got a contract?

the following is some legal verbiage from my wedding contract. this is from an older one but the idea here is legally protect yourself. i have a cover sheet with the who what when and where. where i mention three weeks before, that is the final consultation where all of the timing and details are worked out. i no longer create previews but post the images on a e-commerce secure website. i'm posting this so that you may get some ideas and if you make arrangements to do a wedding for the first or second time, have some protection.


Candid Wedding Contract

Terms and Conditions Page 1

PAYMENT: The Photographer is not bound to a wedding date until the initial payment of $xxx is paid and accepted. A second payment of $xxx is due three (3) weeks before the wedding. The balance of the contract is due on receipt of the previews. If the Client refuses delivery of the previews or refuses to pay within thirty (30) days of the wedding date, Client shall be in default hereunder and shall pay x% interest per month on the unpaid balance until payment is made in full. All services and items delivered are subject to state and local sales tax, which is currently x%.

EXCLUSIVE PHOTOGRAPHER: The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.

CANCELLATION: The reservation fee for wedding coverage is $xxx. The reservation fee is non-refundable in the event that the wedding is cancelled.

PHOTOGRAPHIC MATERIALS: All photographic materials , including but not limited to negatives, electronic images, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make previews available to the Client for the purpose of selecting photographs. Any previews not returned within twenty-one (21) days of receipt by the Client shall be charged at the same rate as finished prints of the same size.

COPYRIGHT AND REPRODUCTIONS: The Photographer shall own the copyright of all images created and shall have the exclusive right to make reproductions. All photographic images created by the Photographer are copyrighted and may not be copied or duplicated by any means without the written consent of the Photographer.

CLIENT’S USAGE: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for a newspaper announcement of the wedding, Photographer authorizes Client to reproduce print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses to do so or omits the credit.

PHOTOGRAPHER: Your wedding will be photographed by a qualified professional. However, due to any unforseeable circumstances beyond our control, we cannot guarantee any request for a specific photographer.

INHERENT QUALITIES: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Furthermore, colors may not reproduce on photographic materials the same as they appear to the human eye. There are many reasons for this disparity, among which are the chemicals, dyes and materials used in the manufacture of fabrics, cosmetics, hair sprays, food colorings and other items.

PHOTOGRAPHER’S STANDARD PRICE LIST: The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

SPECIAL EFFECTS: the Photographer does not guarantee any particular pose or special effect, but will produce all that time, lighting, weather conditions, building characteristics or cooperation will permit.


X ____________ Initial here



Candid Wedding Contract

Terms and Conditions Page 2

RETOUCHING: Photographic retouching is not included in package or reprint prices. Should retouching be desired, add $xx per person per negative requested.

MISCELLANY: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision of this Agreement. This Agreement shall be governed by the laws of the xxxxxxxxx.

FAILURE TO PERFORM LIMITATION ON DAMAGES: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the payments made to the Client but shall have no further liability with respect to the Agreement. In the event the Photographer fails to comply with the terms of this contract, due to negligence, accident or any avoidable or unavoidable action in performing its duties set forth in this contract, the studio and/or Photographer’s liability is expressly limited to a refund of payments received. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged with or without fault on the part of the Photographer. The Photographer shall not under any circumstance be liable for consequential, special or punitive damages.





Signed _______________________________________ Date ___________________

Client




Signed _______________________________________ Date __________________

Photographer