Agreement/Jurisdiction: The person(s) whose name(s) appear on this contract, known as “Client”, agree that Lindley Battle, known as “Photographer”, shall provide services to photograph their wedding and related events to the best of her 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 North Carolina shall govern this contract, and any resulting arbitration shall take place within Forsyth County, North Carolina. 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.
Retainer and Payment: Client shall reserve the time and date of services by signing this contract along with a non-refundable, non-transferable reservation retainer equal to 25% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no later than the date of the event. Photos from the event will not be released until the full payment is made. 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 release the photographs from the 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 retainer 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 retainer. 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.
Reschedule: In the event that Client reschedules the wedding and Photographer is able to rebook the original wedding date, Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Photographer is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided Photographer is available.
Liability: If Photographer or her 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 she cannot provide another competent professional, all money received by Photographer will be returned to Client, and Photographer shall have no further liability with respect to this agreement.
Photographer Accommodations: If Photographer is required to remain on location for multiple days, or if the wedding takes place over two hours from Photographer’s place of residence and ends past 9 pm, then Client is to have the option of accommodations available for Photographer. If Photographer is scheduled to work during meal times, then Client should have a meal available for Photographer. If the wedding venue is more than an hour from Photographer’s residence, Client agrees to pay standard mileage charges.
Photo Delivery: Upon receipt of the digital photo files, 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.
Responsibilities: Unless agreed upon in advance, Lindley Battle shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography. 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 her 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. Client agrees to confirm the schedule one-week prior to the event and to send the Photographer a copy prior to the wedding. 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.
Coverage: 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 on the wedding day 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 her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution images may contain a mixture of color, black and white, and selective color images. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners,without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Lindley Battle Photography. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All photographs taken by Lindley Battle are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees not to alter or reproduce images in any way other than the form in which they were received, without the express permission of Photographer. These photographs may be printed and shared for personal use, but are not to be altered, sold, or published without consent. If the Client chooses to share the images with other vendors, it is the Client’s responsibility to make sure that the vendors agree to properly credit the images.
Shared Images over Social Media: Client agrees to give credit to Lindley Battle Photography for each and every image shared over a social media website, and must be shared without alteration unless permission for alteration has already been received (see preceding section). Third parties must also give credit to Lindley Battle Photography if they share any images belonging to Lindley Battle Photography over a social media website (ex. Facebook, Google+, Twitter, or any other blog or website.) Photographer also reserves the right to ask that those photos posted without credit to Lindley Battle Photography be removed from social media websites.