Alex Kaplan’s TwoWeddingPhotographers.com
216 Voorhis Ave, New Milford, NJ 07646
Journalistic Photography Contract Between Alex Kaplan’s TwoWeddingphotographer’s.com (PHOTOGRAPHER(s) and (CLIENT).
1. This agreement constitutes an order for wedding portraiture services, including the taking of wedding pictures as agreed to by both parties: The Studio (Alex Kaplan, Photographer) and Contracting Party (Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of the Photographer and may be used for advertising, display or any other purpose thought proper by the Photographer.
2. If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer’s illness or injury, then Photographer will return all fees to the Client(s) but shall have no further liability with respect to this Agreement. 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 without fault on the part of Photographer. Client(s) agree that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re shoot and limits photographer’s liability to the amount paid under this contract.
3. On signing of this agreement by both parties hereto, the Studio will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the wedding becomes cancelled for any reason.
4. Event Guide: – The role of the EVENT GUIDE is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that THE CLIENT develop a list of desired poses, locations, and subjects (family and friends) and share this with the EVENT GUIDE well before the wedding. – The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer(s) will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
5. Cooperation: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Photographer. Photographer recommends that The Client designate an “event guide” to point out important individuals to the photographer, whom the client wishes to include in photographs.
6. Photojournalism denotes: documentation of wedding and event in a candid, unobtrusive style.
7. The photographer is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on the photographer(s) Negotiation with the officials for moderation of guidelines is The Client’s responsibility; Photographer (s) will offer technical recommendations only.
8. Limit of Liability: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer(s). Alex Kaplan Photography will make every effort to secure a replacement photographer(s) able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
9. Photographer(s) takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of The Client’s photographs being lost, stolen or destroyed for reasons within or beyond Photographer’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
10. Model Release: The Client hereby assigns and grants the photographer and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases the photographer and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that the photographer may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by the photographer.
11. Overtime: If additional time is requested at the event then the client will be billed at $150/hour. The client can purchase additional hours before the day of the event at $175/ hour.
12. Feeding: If you hired the photographer for more than 4 hours, The Client is responsible for feeding the photographer(s). Please discuss vendor meals with your caterer. Meals are best provided at time bride & groom are eating.
13. Permissions: It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day.
14. Photo Discs: Upon receipt of a photo DVD, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
15. Responsibilities: Unless agreed upon in advance, Alex Kaplan’s TwoWeddingPhotogaphers LLC, shall be the exclusive professional photographer(s) retained for the event. Photographer(s) may bring one assistant at his discretion. Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography. Client to prevent family and friends from interfering
16. No part of any order will be delivered until the balance is paid in full.
17. The Photographer(s) makes the best effort possible, but does not guarantee that everyone will be photographed.
18. Gratuities: Your photographer(s) will be very professional and will work very hard to go above your expectations, gratuities are not expected but are VERY much appreciated.
(I / we, the undersigned Contracting Party, hereby warrant that I am / we are competent to contract in my / our own name(s). I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns.
Alex Kaplan, Photographer Date