Wedding Contract

Event Photography Contract

AGREEMENT/CONTRACT between Schneider Weddings (the “Studio”), located at 5526 Ranch Lake Drive, Magnolia TX 77354, (or other locations as may apply) and ________________________________________________________________ (the “Client”), resident at _________________________________________________________________________________
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(telephone [home] ________________ [office] ________________ [cell] _________________), for the provision of photography and related services on the occasion of a ___________________________.

Event: _________________Date: ____________ Time CST: ______ (AM/PM) until _______ (AM/PM)

Location address and photography services to be provided: _________________________________________________________________________________
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Event: _________________Date: ____________ Time CST: ______ (AM/PM) until _______ (AM/PM)

The Assigned Photographer is ___________________________________ the charges for which total $_____________ to be paid in two (2) equal and nonrefundable amounts of $___________ plus 8.25% Texas state and local sales and use taxes, the first to be paid at the date of this agreement, which is acknowledged as a retainer fee and not a deposit. The second payment shall be paid no later than thirty (30) days prior to commencement of photography and not later than (date) _____________. The above stated charges are inclusive of $_________ assigned attendance fees, subject to Clause 8, and are paid at the date of the contract. Payments made on this contract by charge card and charged back shall be made good by cash, check, or money order within seven (7) days. The following paragraphs shall, with the foregoing, form the body of this contract/agreement and shall not be amended.

1. PAYMENTS. This contract is valid only on payment of the first payment as specified above.

2. FAILURE. Failure by the Client to make the second and final payment as scheduled may be deemed a cancellation of this agreement, and the Studio shall be relieved of all obligations herein.

3a. PROOFS. Client agrees that all proofs (in whatever form the Studio designates) remain the property of the Studio unless otherwise provided above. Any proofs not returned according to the terms herein are chargeable at $10 each. Invoices or statements requiring payment for unreturned proofs will be paid within thirty (30) days. Proofs may not be part of any minimum order stated above or coverage fees and are loaned to the Client for a period of 45 days, after which they shall be returned together with any and all orders. Any extension of such period is at the discretion of the Studio. In the event that the Client fails to return the proofs and fails to place an order, an order-processing fee of $100 will be assessed for each thirty (30) day delay. Subsequent orders shall be subject to a 15 percent (15%) surcharge. The Client is responsible for payment of all orders by the Client, even if ordered by a third party, and the Studio is not obligated to accept separate orders from third parties or to provide separate billing of individual orders, and to do so is a courtesy to the Client.

3b. When proofs are provided in the agreed media (i.e. paper or electronic media), they shall be picked up no later than fourteen (14) days after notification that they are ready for pick up, and any balance due shall be paid at time of pick up. The Studio shall endeavor to make proofs available within twenty-one (21) days after photography.

4. COOPERATION. The Studio and the Client shall cooperate and agree to all schedules and arrangements for services to be provided including, but not limited to, arriving promptly for scheduled photography as agreed at a planning meeting. Changes to scheduled times shall be authorized prior to the scheduled photography session. The Client agrees to meet with Studio representative(s) at least thirty (30) days prior to photography, at the initial planning meeting. The Studio shall endeavor to meet all reasonable the Client expectations, however there are circumstances where certain images are not possible and the Studio makes no express or implied warranty for providing specific images. When the Client or others referred to in the schedule are more than ten (10) minutes late, the Studio shall not be liable for omissions of requested photographs that may otherwise be feasible if the client had arrived at the appointed time.

5. CAMERAS AND LIGHTING. Any and all cameras and related lighting, including video, shall be under the direction of the Studio, and the Client shall advise any and all users or providers of services of this clause. Notwithstanding the foregoing, the Studio will seek to cooperate with the contracted videographer in order to meet the needs and expectations of the Client. In the event of a conflict between the photographer, the videographer, and/or any guest or member of the wedding party, the Client hereby expressly grants resolving authority to the photographer. If the videographer, guest or member of the wedding party continues to be in conflict after being advised by the photographer, then the client releases the photographer from all images not taken due to the conflict. Photography or videography by any person or persons other than the Studio during formal sessions is not permitted.

6. CANCELATION. Should the Client cancel the assignment date or cancel this agreement, the Studio shall retain all retainer fees and other deposits, unless the Studio is able to secure an assignment for a comparable fee for the date canceled, at which time retainer fees and deposits shall be returned in full. The Studio shall not cancel unless serious illness or other such physical handicap shall render the Studio incapable of carrying out its obligations. The Studio having made every endeavor to obtain the services of a qualified and competent substitute, all retainer fees and deposits held by the Studio shall be returned to the Client, as the Client’s sole remedy.

7. LIABILITY. The Studio shall not be liable for omissions caused by failure of the Client to maintain all agreed schedules or caused by delays due to inaccurate information provided by the Client. The Studio shall not be liable for failures or faults in the manufacture or processing of materials or other causes that may reasonably be deemed beyond the control of the Studio. In the event such circumstances prevent the Studio from performing its obligations or delivering the agreed product or service, the Client’s sole remedy shall be the refund of any retainer fees and other deposits, as a Limitation on Damages as set forth in Clause 19. Omissions or failure to produce specific images that may be discussed or proposed at a planning session shall not void this agreement and/or shall not result in compensation to the Client by the Studio.

8. ASSIGNED PHOTOGRAPHER. The Studio reserves the right to replace the assigned photographer as necessary, such as in the event of an emergency, in order to honor this agreement. The Client, subject to time permitting, shall be advised accordingly and has the right to approve or disapprove such change in assignment. On approval, any appropriate adjustment of paid fees will be made. In the event the Client disapproves, this contract shall be deemed canceled and all monies paid to the Studio by the Client shall be returned to the Client.

9. EXCLUSIVITY AND COPYRIGHT. The Studio is the exclusive photographer providing photographs for sale for this occasion, and all rights for use of the negative or electronic media used for recording images and reproductions therefrom is reserved by the Studio. The Studio shall not object to other photography at this event inasmuch as it does not hinder or impede the Studio in meeting its obligations in this contract, but such other photographs shall not be taken of subject(s) arranged and posed by the Studio. All Copyrights are reserved, and unauthorized copies or scanning made by the Client or his/her representatives or with his/her consent is chargeable at ten (10) times the listed charges of such prints by the Studio. The Client acknowledges that unauthorized scanning or copying of images is unlawful and subject to statutory prosecution. Release of negative or electronic materials to the Client, his or her heirs, or duly appointed assigns shall be subject to the payment of a fee of $2,000, plus any assessed taxes, and shall be delivered only after the Studio has made such reproductions it may require as specified in Clause 10. The Studio may retain all recording materials indefinitely but may limit such retention to those from which the Client has placed orders.

10. USE OF IMAGES. The Studio may use reproductions of images from negatives or electronic media in full or in part for display, promoting and advertising the Studio, teaching and lecturing, and illustration of related or unrelated articles as may be published. The Client releases the studio from any right in the image that the Client may claim through it, and the Studio has an expressed right to use the image as stated above.

11. ORDERS AND DELIVERY. Any orders for prints and services in excess of those contracted are subject to payment in full prior to commencement of work, with any added balance for additional work due on completion. Finished prints will not be released without payment in full. The Studio will endeavor to complete all orders within sixteen (16) weeks. The Client acknowledges that some phases of production are dependent on suppliers and outside contractors and may be subject to delay. The Client agrees to collect finished work and pay all balances within twenty-one (21) days.

12. INTEREST CHARGES. Balances unpaid after thirty (30) days are subject to an interest charge of 2 percent (2%) per month (24 percent [24%] annually). Each thirty (30) day statement of overdue balances is subject to a minimum charge of $10 in either interest or service charges.

13. PRICE INCREASES. Orders delayed for sixty (60) days or more are subject to any increase in charges for the same services and product that are published subsequent to this contract.

14. ADDITIONAL SERVICES. Charges for additional services other than those referred to in this contract are subject to rates current at the time they are ordered.

15. COLLECTIONS. The Client agrees to pay any and all charges and expenses incurred in the collection of delinquent balances.

16. NO WAIVER. Failure by the Studio to exercise any and all rights under the terms of this agreement or enforce any part herein shall not limit its rights to exercise said rights in the future and should not be considered a waiver of any right.

17. RETURN OF PROOFS. The Client shall be liable for all fees and charges required to obtain the return of Proofs, including but not limited to attorneys’ fees, court costs, and expert witness fees.

18. GOVERNING LAW; LEGAL FEES; ARBITRATION. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable attorneys’ fees and all costs incurred. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm pending the selection and confirmation of the arbitrator(s), any controversy or claim arising out of, relating to, or concerned with this Agreement or breach hereof must be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Exclusively the Regional Office of the American Arbitration Association with the closest proximity to Magnolia, Texas at the time of the case filing must administer any arbitration under this Agreement, or in the event that office is unable to act, by the closest available AAA Regional Office to Magnolia, Texas. The arbitration must be held in the County of Montgomery, State of Texas.

19. LIMITATION OF DAMAGES. The Client hereby agrees that in the event there is a ruling which determines that the Studio has breached its obligations under this contract, then the maximum damages that the Client is entitled to is the money paid to the Studio to date. The client agrees that they are not entitled to collection of actual damages or any consequential damages. Under no circumstances is the Client able to recover a damage award that would exceed the money paid by the Client to date.

20. BREACH OF COPYRIGHT LAWS. The Client agrees that any violation by the Client of any of the state or federal copyright laws with regard to the proofs, negatives or electronic or other image media produced by the Studio which originated as a result of this contract shall constitute a breach of this agreement, giving the Studio the right to take legal action and pursue all remedies available against the Client per agreement in law and/or equity.

21. MUSIC COPYRIGHTS. In the event the Client requests the Studio to create video presentations set to their own choice in music, the Client agrees to supply the Studio with properly licensed digitized music files for use in creation of said music videos. The music files remain the property of the Client, and the Studio adds video images to the music on behalf of and by the request of the Client. The Studio warrants that the music files are returned to the Client after such work is completed, and any residual copies are permanently deleted from the Studio’s computer and related systems. The Client agrees to assume full responsibility for the proper legal licensing of and use of the resulting music video files.

22. PROVISIONAL INFORMATION. The following provisional information is provided by the Client as a guide as to times, locations, and persons, groups, etc., that are to be photographed. This information may be modified at a planning session on or about thirty (30) days prior to the event. Information provided and discussed at the planning session is not part of this contract nor shall such information modify this contract.

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Principal subjects to be photographed:
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Principal times for photography and address(es) of location(s): _________________________________________________________________________________
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Number of guests expected: ____________

Second photographer required: ___ yes ___ no (A second photographer may require an assistant, and fees for both photographer and the assistant will be invoiced separately.)

Client address and contact information after date of photography: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I have read and agree to the terms of this contract. I have signed this agreement without undue influence and of my free and voluntary act.

Client: _______________________________________________________ Date: _______________

Studio: _______________________________________________________ Date: _______________