Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Josh Salley, known as "Photographer", shall provide services to photograph their wedding and related events to the best of their abilities, in the manner described in this document. 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. The laws of the State of Kentucky shall govern this contract, and any resulting arbitration shall take place within Warren County, Kentucky. 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.
Deposit and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation deposit of $500. No date is reserved until the contract and deposit are received. The balance due for the photography services must be paid in full no less than 14 days before the event date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashiers Check. Unless the contract is canceled, the deposit fee shall be applied to the photography fee total.
Cancellation: If for any reason Client cancels this contract before the wedding date, Photographer will keep the deposit. Cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail by the United States Post Office. If Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
Liability: If Photographer or his agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if he cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Responsibilities: Unless agreed upon in advance, Josh Salley shall be the exclusive photographer retained for the event. Photographer may bring assistants at his discretion. Videographers and other vendors as well as semiprofessional Photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's duties. Photographer is not responsible for compromised coverage due to causes beyond his control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained. Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Copyright: Under the Federal Copyright Act of 1976 (effective January 1, 1978 and amended when the USA joined the Berne Convention in 1989), photographs are protected by copyright from the moment of creation and the copyright is owned by the creator. 1. Frozen in Time Photography retains the copyright on all images (even those where digital files have been purchased) and reserves the right to copy, distribute, publicly display or create derivative works from the original work. 2. It is unlawful to copy, scan, reproduce, or print any images produced by Frozen in Time Photography without the express written consent of the photographer.
Images: Images will be made available to the client within 45 days (often much sooner.) If client purchases High Resolution Images, they are delivered via online gallery and are available to download for at least one year after delivery. High resolution images are defined as: Minimum 3000 pixels on the long edge @ 240 pixels per inch.
Model Release: I, the Frozen in Time Photography Client, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize Frozen in Time Photography to use photographs of me and or my property and authorize him/(her/their and his/her/their assignees), licensees, legal representatives and transferees to use and publish (with or without my name, company name, or with a fictitious name) photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by the photographer or studio name here. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product. I am of full legal age and have read and fully understand the terms of this release.
By signing this agreement you agree to all the terms and conditions and acknowledge receipt of a complete copy of the agreement signed by both parties.