WEDDING/EVENT PHOTOGRAPHY CONTRACT - Lights And Shadows
WEDDING/EVENT PHOTOGRAPHY CONTRACT This AGREEMENT is entered into as of the day of , 20 between a) Lights And Shadows Studios (hereinafter referred to as the “PHOTOGRAPHER”); AND b) residing at (Hereinafter referred to collectively as the “CLIENT”)’s wedding will take at . This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement. With respect to the creation of certain images and video footage (hereinafter referred to as the “Images”, “photos”, “videos”): WHEREAS, Photographer is a professional photographer of good standing; WHEREAS, Client wishes the Photographer to create the Images described more fully herein; and C. WHEREAS, Photographer wishes to create such Images pursuant to this Agreement; A. B. NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 1. Description: The Photographer agrees to create the Images in accordance with the following specifications: a) Title and description of Event : Wedding Ceremony/ of “ ” & “ ”; b) Date of Events/ Wedding Day: Please refer event schedule in the attached quotation; c) THE EVENTS are explained in detailed in the quotation attached to this contract. d) Client acknowledges that the photographer is a “documentary and candid” photographer and adheres to the said style. Client acknowledges that the photographer is using their artistic discretion to create photographs as the photographer sees fit. Photographer will be present on Wedding day for a maximum up to 10 hrs; and no coverage will be provided of food service, eating areas, and people/guest/clients having food. All additional time beyond the scheduled end time will be billed as overtime charges to the CLIENT. 1 Page
2. Use of Images: Images are strictly produced for the client’s private home use only. The photographs produced by the Photographer are protected by The Copyright Act, 1957 and related and applicable international rules and laws. The Photographer, upon the due payment by the Client, grant the Client license to publish the resulting images on the web including social networking websites, and print publication as long as the images remain unaltered and due credit is explicitly given to the Photographer. This license so granted is limited to use of the photographs for non-commercial purposes only and The Client must obtain written permission from the Photographer prior to selling the photographs or reproducing the photographs for any other commercial purpose. These rights shall be worldwide, in all media and for the full life of the copyright. The Client is obtaining digital images for personal use only including non- commercial web sites, and shall not sell said images or generate income from them in any form. If any of the Photographer's images are published (on the web or any other media), the client agrees to credit the Photographer in a reasonable manner including but not limited to "tags" and "links" whenever the photographs are displayed along with this text: “Copyright Lights And Shadows Studios”. The Client will provide a link to Photographer’s Facebook Page "Lights And Shadows Studios" bearing the link https://www.facebook.com/LightsAndShadowsStudios where ever the photographs are used on Facebook and the link to the Photographer’s Instagram account @LightsAndShadowsStudios where ever the photographs are used on Instagram by the client. If the Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorizes Client to reproduce the print in the above manner. The Photographer shall be the sole owner of the copyright with regards to the images produced under this agreement and retains. 3. Fees: Client agrees to pay the fee of INR for photography services and for Videography services explained in detail in the quotation attached to this contract. 4. For privacy delivery and copyright policy and terms please refer details mentioned in the Privacy Policy, Legal Disclosure and FAQ sections of the website LightsAndShadows.in 5. Payment Policy: a) To confirm the booking 50% (of the total package) advance is payable at the time of booking. b) The next 50% (of the total package) is payable at the day of the event. 6. Delivery Timelines: Processed digital photos and film to be delivered within 9 to 11 weeks of the last day of the shoot. The album(s) shall be delivered within 4 weeks after the client has approved the design of the album preview. The photographer shall save the photos and videos with himself for a period of three months post the final delivery of photos and videos beyond which it shall be the responsibility of the client to keep the final photos and videos safe. 2 Page
7. Deliverables in case of film: Kindly refer to the quotation for details of deliverables. 8. Deliverables in case of still photography: Kindly refer to the quotation for details of deliverables. 9. Termination of Contract: In the event of a termination of this Agreement by the Client, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Termination by the Client shall be in writing and sent by registered mail or email to the Photographer. 10. Liability: The Photographer and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to accident, loss of materials, acts of god, equipment or other failures. The Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. The Photographer is not responsible for compromised coverage due to causes beyond the control of the photographers including but not limited to obtrusive guests, no space for the photographer to capture the photos, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to the photographers, rendering of decorations, or restrictions of the locations. The photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of all payments received from the Client under this Agreement. The Photographers reserves the right to terminate coverage and leave the location of the Event(s) if the Photographers experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Event(s); or in the event that the safety of the Photographer is in question. In case of any damage caused to the photographer’s equipment and gear due these causes it shall be the responsibility of the Clients to indemnify the Photographer for such damage. 11. Warranty and Indemnity: The Photographer warrants and represents that he is the sole creator of the Images and owns all rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Photographer against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty. 12. Loss of Digital Files: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or 3 Page
equipment malfunction, the Photographer shall not be responsible and shall be paid in full for his services. In case of loss of the digital files because of the fault of the Photographers the liability is limited to the return of all payments received for such Event(s) to which the lost digital files relate. 13. Model release: The Client hereby assigns the PHOTOGRAPHERS 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images. 14. Assignment: The Photographer shall have the right to assign monies due to him or her under the terms of this Agreement, but shall not make any other assignments hereunder. 15. Permissions to Photograph: It is the sole responsibility of the Client to secure permission of the church, synagogue, temples or other venue of the wedding for the Photographer to photograph the ceremony/event. The Client shall insure the placement of the bridal party, the officiant(s) and the altar decorations so as to not obscure the view of the bride and groom. The Photographer will abide by the rules of the church/synagogue/temple in regards to camera placement at the ceremony. Many private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such fee. In the event clients fail or refuse to pay for any such permit fee despite having been informed by the Photographer that such fee is required, client is responsible for any and all related costs or fines if applicable. 16. Artificial Lighting: The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the images, if the artificial lighting provided by the clients at the venue is unsuitable or too dark for photography or filming. It is strongly advised by the Photographer to avoid any use of colored LED lighting or any other form of colored or flickering lighting in the ambient areas, sitting areas or performance areas for the wedding. Colored lighting if any should be restricted to the peripheral decorations only. Bright and even warm white colored lighting should be provided in all ceremony and guest areas. The Photographer does not use a flash for shooting candid or creative shots. 17. Final Product: The photographer shall not share the raw data including the raw footage and the raw photos with the client. The number of pictures to be delivered depend upon the event itself hence there is no specific limit to the pictures. It can be anywhere between 200 to 400 images per day of shooting. This is just an estimate and the final numbers may vary largely. It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the images and videos as he sees fit. Editing criteria for photos shall be limited to basic retouching i.e. exposure, highlights, shadows, whites, blacks, lights, darks, saturation, cropping. The final post production and editing styles, effects, and overall look of the images and videos are left to the discretion of the Photographer. The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final images. 18. Photographer Substitution: The Photographer may substitute another photographer to take the photographs in the event of Photographer's illness or circumstances beyond his control. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. 19. Exclusive Photographer: The Photographer and videographer shall be the exclusive retained by the Client for the purpose of documenting the wedding and other contracted event(s). Family and 4 Page
friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere (standing in front of or behind the photographer), with the Photographer's working. It is most preferred when all guests are requested not to photograph the event and enjoy the event. 20. Coordinator: Due to the nature of typical wedding day and varieties of events taking place in several locations, the photographer will frequently move, change and secure his equipment throughout the day. It is likely that the photographer is not in the proximity as the couple, therefore, is not aware what is about to be taken place. It is the responsibility of the Client to appoint a wedding coordinator to inform the photographer when the next major event is about to take place. For example, starting of ceremony, first dance, cake cutting, and toss of bouquet etc. In addition, the coordinator shall be responsible in organizing and tracking all posed photos that are required. The photographer is there to take photos of all groups in front of him but cannot be responsible in organizing and tracking all the groups. 21. Electricity outlet and place for equipment: The clients shall be responsible for providing suitable and easily accessible electrical interface for the lighting and related camera equipment of the Photographers. 220-230 volts has to be provided at reception ceremony location along with a 4’x2’-table to setup our audio/video recording devices and laptops etc. 22. Audio Systems/ microphones etc.: It is most advisable to use collar or lapel microphone (for bride/groom/priest) for the ceremony, as the wired microphones cause visual interference while shooting. Also the audio/sound in charge at the church/temple/venue and reception has to keep provisions for direct audio input into our audio recording devices. 23. F&B for the entire crew has to be organized in the guest areas. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above. Signature PHOTOGRAPHER: Name: Lights And Shadows Studios Address: 22 Nemi Road, Dalanwala, Dehradun. Phone: Signature CLIENT: Name Address: Phone: 5 Page
Wedding Ceremony /_ of " _ _" & " _ "; b) Date of Events/ Wedding Day: Please refer event schedule in the attached quotation; c) THE EVENTS are explained in detailed in the quotation attached to this contract. d) Client acknowledges that the photographer is a "documentary and candid" photographer and adheres to the said .
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