Momentum Studios: Wedding Contract
Terms & Conditions
This photography is entered into, by and between Katie Warner of Momentum Studios ("Photographer") and the commissioning party ("Client"). This contract constitutes the entire Agreement between the parties concerning photographic coverage, and supersedes all previous oral or written agreements.
RETAINER FEES AND PAYMENT TERMS: A retainer fee (applicable to wedding packages $800 or more) of 50% of the package price is due at time of booking. The balance is due no later than one day prior to the wedding day, subject to a $25 per day late fee. Payment may be made with cash, check, or credit card. In the event of payment default, Client is responsible for returned check fees, collection costs, certified mailing, lawyer's fees, and court costs.
EXCLUSIVITY: In order to ensure quality images, Client agrees that Katie Warner of Momentum Studios is the exclusive photographer of the event. Others wanting to take photographs will be permitted only if they do not interfere with the Photographer. Flash photography from others may ruin photographs and is discouraged.
COPYRIGHT: The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Katie Warner and Momentum Studios. It is a violation of federal copyright law to allow photographs created by the Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without written permission. You agree to purchase prints and products directly from the photographer unless in possession of digital files. You agree not to make copies for sale or for the purpose of circumventing sale of the images by the Photographer. You agree not to scan, copy or reproduce images in any manner without a written release.
MODEL RELEASE: The Photographer reserves the right to use photographs from this wedding and associated sessions for advertising, use on website and blog, or any other purpose without further consent from the Client and without compensation of any kind to the Client.
CONTRACT AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only changes or modifications specifically placed in writing, attached, signed, and dated by both the Client and the Photographer, shall be recognized as amendments to this contract. An amendment to cancel the wedding date more than six weeks in advance of the date will result in the forfeiture of the retainer fee. An amendment to cancel the wedding date less than six weeks in advance of the date will result in the forfeiture of all monies paid up to that point.
LIMIT OF LIABILITY: The Photographer is not responsible for any losses or damage to the Client's digital images or prints while they are out of the Photographer's direct possession. In the event of severe medical, natural, acts of God, or other emergencies it may be necessary to retain a photographer other than Katie Warner. In the unlikely event of personal illness or other circumstances beyond the control of the Photographer, the Photographer will make every effort to secure a replacement photographer. If the situation should occur and a professional replacement is not found, responsibility and liability is limited to the return of all payments received for event package. The Photographer takes the utmost care with respect to exposure, transportation, and processing of photographs, however, in the unlikely event that all photographs are lost, stolen, or destroyed for reasons within or beyond Photographer's control, Photographer liability is limited to the return of all payments received for event package. The Client has the right to refuse to do anything or go anywhere the Photographer requests, therefore the Photographer cannot be held responsible for accidental death or injury to people and/or property due to requests made by the Photographer. The Photographer cannot be held responsible for any damage to clothing or property during sessions. Photographer agrees to retain images for at least six months after wedding day, after which no guarantee is made on availability of images for reprint.
COOPERATION AND CREATIVE LICENSE: Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications, due to lateness of individuals, rules, and restrictions of venue or officiant, or the rendering of decorations of the location. While the Photographer will make every reasonable effort to take photos specifically requested, Client understands that a wedding is an uncontrolled event and that due to the vagaries of the weather, available light, guest cooperation, and willingness of subjects, the Photographer cannot guarantee that any particular requested photo will be taken. Images are edited at the Photographer's discretion and delivered images may not include every image taken. The Photographer reserves the creative right to edit and release only those images deemed professional in quality and within the Photographer’s artistic standards. Client is responsible for all location fees and permits as well as obtaining permissions, if necessary, in advance.
PRICING AND CREDITS: Prices are subject to change until wedding is booked. Wedding day print and product prices are valid for 90 days following the wedding date, after which current print and product prices will be charged. Credits in packages for sessions, monies toward albums, or any other complimentary or promotional items expire 90 days after the wedding date if not used in full. All sales are final.
TRAVEL: Any applicable travel fees are due no less than two weeks before wedding date. Travel fees may also apply to engagement/bridal sessions. Location fees will be negotiated between Photographer and Client.
PROOFS: Images will be available for viewing and ordering within 30 days of wedding date. Images will remain in gallery for 9 months.
EXTRA TIME: Extra time is billed at $150/hour for shooting time and $25/hour for additional time spent for extensive retouching. Extra time may be booked in 1/2 hour increments.
The client has received, read, and agrees to all terms and conditions on all pages in this agreement and agrees to relay the details of this contract to any and all subjects involved in the wedding/session.