Koontz Photography & Design Wedding Contract - TOS ENTIRE AGREEMENT: This agreement contains the entire understanding
during the ceremony or reception. The 90 Minute Window is a general rule of
between _________________________________________(“THE CLIENT”)
thumb. THE CLIENT is responsible for scheduling time for portraits and group
and “Koontz Photography & Design”. It supersedes all prior and simultaneous
photos. “Koontz Photography & Design” shall not be held liable for failure to
agreements between the parties. The only way to change or add to this
take desired portraits due to lack of scheduled time.
agreement is to do so in writing, and providing the document is signed by all the relevant parties.
7. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. “Koontz Photography & Design” will not tolerate verbally or
1. RESERVATION: Upon your signature and a deposit of 50% of the amount
physically abusive behavior, nor will it share its time or compete with guest
due, “Koontz Photography & Design” will reserve the time and date agreed
photographers for the attention of the subjects. Unchecked guest conduct that
upon. For this reason, up to $300.00 of the retainer fee is non-refundable,
interferes with photography may seriously affect the quality of the photographs
even if the date is changed or the wedding cancelled for any reason; including
taken and increase the number of times photos must be re-taken. If THE
acts of God, fire, strike and/or extreme weather. If the wedding date is moved
CLIENT is unable to control the conduct of their guests, resulting in an
to a date that “Koontz Photography & Design” has available, the retainer fee
unacceptable degree of misconduct, or if the conduct of any of their guests
can be transferred to the new date. The retainer fee is applied towards the
damages the equipment of the photographer(s) or their person, it may result in
total amount due. THE CLIENT understands and agrees that the remainder of
the early or immediate departure of the photographer. THE CLIENT will be
entire amount owed for the wedding photography package described in the
responsible for replacement of any equipment damaged by THE CLIENT or
contract is due before or at the time of the wedding. “Koontz Photography &
any guests. THE CLIENT understands that in such an event, no refunds will
Design” will not release the proofs to THE CLIENT until the remainder of the
be granted. “Koontz Photography & Design” will not be held liable for any
entire amount owed has been received.
injuries incurred to THE CLIENT or to any guests posing for photographs.
“Koontz Photography & Design” may suggest where people might stand or sit, 2. PROOF DELIVERY: Uploading of proofs will take between 3 and 4 months.
but each person is responsible for their own safety while doing so. THE
After the wedding, “Koontz Photography & Design” will upload the proofs to
CLIENT or any guests may decline to take part in any poses where they feel
www.KoontzPhotography.SmugMug.com.
their safety is at risk.
3. METHOD OF REMUNERATION: Payment may be made in cash, cashiers
8. HOUSE RULES: The photographer is limited by the guidelines of the
check, personal check (made out to “Daniella Koontz Photography & Design”
ceremony official or the reception site management. THE CLIENT agrees to
or “Daniella Koontz”), Paypal (with a 3% handling fee) and Credit Cards (with
accept the technical results of their imposition on the photographer.
a 3% handling fee). Taxes are not included in the package price, and vary
Negotiation with the officials for moderation of guidelines is THE CLIENT'S
depending on the county in which THE CLIENT resides. A $50.00 fee will be
responsibility; “Koontz Photography & Design” will offer technical
assessed to any checks that bounce or are returned to “Koontz Photography &
recommendations only. It is THE CLIENT’S responsibility to inform “Koontz
Design.”
Photography & Design” of any house rules before the wedding ceremony
takes place. 4. WEEK OF CONFIRMATION: The parties agree to a confirmation, which can
be held via telephone, before the wedding date in order to finalize the actual
9. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that “Koontz
shooting times, locations, customs, and portrait list.
Photography & Design” will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin
5. EVENT GUIDE: THE CLIENT will be responsible for (or have someone
shots taken by “Koontz Photography & Design”, and because the need for the
designated for this responsibility) identifying family members desired to be in
subjects to pay full attention to the professional photographer, THE CLIENT
the formal portraits. The photographer will NOT be held accountable for not
acknowledges that they are responsible for notifying all of their guests that
photographing desired people if there is no one to assist in identifying or
guest photography is not permitted during the formal photography. The
gathering people for the photograph(s). A list of family member groupings by
formal photography time is for the exclusive use of “Koontz Photography &
first name is suggested so that no family groupings are forgotten or any family
Design” to capture the formal family portraits.
members left out. 10. VENDOR MEALS: Weddings over 5 hours require vendor meals be 6. 90 MINUTE WINDOW: “Koontz Photography & Design” suggests to set
provided for the photographers. If meals are not provided, the photographer(s)
aside at least 30 minutes before the commencement of the wedding ceremony
have the right to leave the premise to eat a meal.
and a 60 minute time frame afterward for photographs that cannot be obtained
Koontz Photography & Design Wedding Contract - TOS 11. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or
15. MODEL RELEASE: THE CLIENT hereby assigns and grants “Koontz
other emergencies, it may be necessary to retain an alternative photographer.
Photography & Design” and its legal representatives the irrevocable and
“Koontz Photography & Design” will make every effort to secure a replacement
unrestricted right to use and publish photographs of THE CLIENT or in which
photographer able and/or willing to provide a similar package as chosen in this
THE CLIENT may be included, for editorial, trade, advertising or any other
contract at the same/similar tariff. “Koontz Photography & Design” takes the
purpose and in any manner and medium; to alter the same without restriction;
utmost care with respect to exposure, transportation and processing of
and to copyright the same. THE CLIENT hereby releases “Koontz
photographs; including using professional grade equipment and professional
Photography & Design” and its legal representatives and assigns from all
grade backup equipment. However, in the unlikely event of THE CLIENT’S
claims and liability relating to said photographs. It is agreed that “Koontz
photographs being lost, stolen or destroyed for reasons within or beyond
Photography & Design” may display and use the photographs taken at the
“Koontz Photography & Design” control, the latter’s liability is limited to the
wedding for advertising, display, website and internet promotion, photographic
return of all payments received for the event package. The limit of liability shall
contests, public display such as in malls, photography books, photography
not exceed the contract price stated herein. The limit of liability for a partial
instructional books, store fronts, window displays, studio display, television
loss of originals shall be a prorated amount of the exposures lost based on the
advertising, website advertising, magazine advertising and any other purpose
percentage of total number of originals.
thought proper by “Koontz Photography & Design”.
12. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, the
PLEASE INITIAL HERE:
_____________________
digital work files in .jpg format (“digital negatives”) and prints produced by “Koontz Photography & Design” are protected by Copyright Law (all rights reserved). Upon final payment by THE CLIENT, limited copyright ownership of
I have read and understand the complete terms of service
the resulting images will be transferred to THE CLIENT under the following
set forth by Koontz Photography and Design. I agree to the
conditions:
terms set forth in this agreement.
· The digital negatives and/or prints are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. The original digital .jpg images given to THE CLIENT may be used to print images up to the size specified by the selected package. This limited copyright ownership is for THE CLIENT only, and does not include family members. Family and friends may purchase prints from www.KoontzPhotography.SmugMug.com · THE CLIENT must obtain written permission from, and compensate “Koontz Photography & Design” prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit, or use in commercial advertising.
13. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. 14. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and “Koontz Photography & Design” at the time of acceptance of this contract shall be recognized as amendments to this contract.
_________________________________________________ Signed THE CLIENT