
Wedding Contract
1. Agreement/Jurisdiction: whose signature(s) appear on this contract, agrees that Jane Lozada Photography, 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.
2. Retainer and Payment: shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer of the 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 by the end of the event date. In the event that it fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any funds already paid.
3. Destination Weddings and Travel Expenses: Travel expenses will be incurred for any event outside of Fredonia, NY. agrees to pay the travel fee agreed upon in this contract. Travel fees may include but are not limited to gas, airline tickets, hotel, rental car, and miscellaneous expenses.
4. Cancellation: If for any reason there is a cancellation, the Photographer will keep the retainer and any payments made up to point of cancellation. Cancellation must be made in writing, signed by the contracted party, and sent via Email. If fails to supply written cancellation as specified before the or cancels within three months of the date, shall be required to pay the full balance due. Photographer is not responsible for lost, delayed, or undelivered mail.
5. Reschedule: If for any reason the wedding has to be rescheduled the Photographer is able to rebook for the original amount. A new contract will be required. Credit may be applied to wedding coverage within one year of (at which time the credit expires). Photography credits may only be used for the couple under contract for a marriage to each other, is non-transferable, and is subject to the Photographer's availability. Credits are not redeemable for cash. If the Photographer is unable to rebook the original for equal or greater value, all paid funds will be forfeited and non-refundable.
6. Emergencies: When a cancellation occurs within three months of the wedding due to an emergency such as serious injuries, serious illness or death to the signing parties to this agreement or their immediate families, Photographer retains the deposit but will return any of the remaining balance that has been paid. (s) as well as the Photographer must produce documentation in writing showing cause stating reason, relationship and have an excuse signed by an attending physician, charge nurse, or funeral director along with their contact information. For the purpose of this agreement immediate family will consist of parents, stepparents, brothers, sisters, spouse, and children as well as myself and bride or groom. Either party ( or Photographer) may invoke this clause up to the wedding day.
7. Liability: If Photographer 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, theft, or technical problems, and if he/she cannot provide another competent professional, all money received by Photographer, minus expenses or work already completed, will be returned to , 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 under this Agreement during the time preceding the date on which such liability arises.
8. Responsibilities: It is understood that Jane Lozada Photography shall be the exclusive photographer retained for the event. Photographer may bring an assistant at their discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions, including but not limited to Family, Wedding Party, and Couple Formals. Wedding guests may take photos, but it is the responsibility of to prevent family and friends from interfering with Photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Photographer is not responsible for compromised coverage due to causes beyond their 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 wardrobe malfunctions or s physical appearance. Photographer reserves the right to refuse to take equipment out in the rain/snow and in or near water. Photographer is not responsible for any damage or injuries that may be sustained due to but not limited to photos taken in or near water. Photographer is not responsible for existing backgrounds or poor lighting conditions (which may negatively impact or restrict the photography coverage). Maximum light is suggested for best results indoors for ceremonies, formals, and receptions. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by email for documentation. If email is sent, confirmation of receipt must be obtained. agrees to confirm the schedule one week prior to the event.
9. Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of . In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, harassment from intoxicated persons, badgering, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the ; second offense: the offending person will be required to leave the wedding or event; third offense: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all funds paid hereunder and agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage. It is understood that Photographer will not negotiate any services with anyone not stated in this contract. Photographer retains the right to refuse communication if is intoxicated.
10. Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Coverage begins as soon as Photographer arrives at the photography location. Photographer reserves the right to take on other commissions outside of the times specified in this contract. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied or requested photos will be used for organizational purposes only. While the Photographer will make every reasonable effort to take photos specifically requested by the , understands that this is an uncontrolled event and that due to the vagaries of the weather, available light, time restrictions, willingness of subject, etc. Photographer cannot possible guarantee that all requested photos will be taken. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use their professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to .
11. Copyright: All photographs taken by Jane Lozada Photography are Photographer's property, will remain their property.
12. 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 Jane Lozada Photography. 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 , their legal representatives, heirs, and assigns.
13. Photo Gallery: Images are delivered in an online gallery. It is understood that the photographer will not distribute raw files or unedited images. 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 's responsibility to make sure that digital files are copied to new media as required.