Wedding & Engagement Photography Contract This contract sets forth a legal and binding Agreement between Jennifer Pinto Photography (herein referred to as the “Photographer”) and _______________________ (herein referred to as the “Client(s)”) operating in the State of Texas, relating to the delivery of photography Services and Licensed Material (the “Agreement”). Bride/Groom Name: ___________________________________ Bride/Groom Name: ___________________________________ Venue Address: _________________________ ______________________________________ ______________________________________ ______________________________________ Bride Phone #: ___________________________________________ Groom Phone #: __________________________________________ Bride Email: _____________________________________________ Groom Email: ___________________________________________ Wedding Coordinator (if applicable): _________________________ Wedding Coordinator Email (if applicable): ___________________ Wedding Date & Time: ___________________________________ Approximate # of guests: _________________________________ On the next page is a list of wedding package options, as well as “a la carte” wedding package add-on’s. Please place a checkmark in the “□” and initial to indicate your desired choice (if you have any questions please ask the Photographer):
______ Client Initials ______ Client Initials ______ Photographer initials © Jennifer Pinto Photography 2010-2013
1. □ Client Initials ______/ Client Initials ______ • Basic Wedding Package Contents ($1250 U.S. Dollars): o Client(s)/Photographer consultation for photography services pre- & post wedding o One (1) portrait session (i.e. Bridal, Engagement or “Day-After) o Up to 6 hours of wedding day coverage (includes wedding ceremony & partial reception) o Minor editing (i.e. exposure, white balance, skin and color corrections)1 o Hi-resolution digital negatives of the portrait session and wedding day2 o Password protected website proofing gallery for individual print purchases3 2. □ Client Initials ______/ Client Initials ______ • Preferred Wedding Package Contents ($2000 U.S. Dollars): o Client(s)/Photographer consultation for photography services pre- & post wedding o One (1) portrait session (i.e. Bridal, Engagement or “Day-After) o Up to 10 hours of wedding day coverage (includes pre-wedding preparation, wedding ceremony & reception) o Assistant photographer/second shooter on the day of the ceremony o Minor editing (i.e. exposure, white balance and/or color corrections)1 o Hi-resolution digital negatives of the portrait session and wedding day2 o 12” x 12” custom designed album with custom cover, 10 spreads (additional spreads at additional cost) o Password protected website proofing gallery for individual print purchases3 3. □ Client Initials ______/ Client Initials ______ • Additional Bridal, Engagement OR “Day-After” photography session ($500 U.S. Dollars) (Each package already has your choice of one): o Client(s)/Photographer consultation for photography services o Up to a 2 hour photography session o Location of choice o Minor editing (i.e. exposure, white balance and/or color corrections)1 o Hi-resolution digital negatives of the portrait session 2 o Password protected website proofing gallery for individual print purchases3 4. □ Client Initials ______/ Client Initials ______ • Travel Destination Charge ($TBD U.S. Dollars): o Charge for additional travel requirements4 5. Extra Professional Photo Album (choose selections below): • □ Small Album ($500 U.S. Dollars) Client Initials ______/ Client Initials ______ o 8” x 8” album • □ Medium Album ($750 U.S. Dollars) Client Initials _____/ Client Initials ______ o 10” x 10” album • □ Large Album ($900 U.S. Dollars) Client Initials ______/ Client Initials ______ o 12” x 12” album Reference Notes: 1 – photographic editing is at the photographer’s discretion ONLY; additional editing requests will incur a $25 charge per Licensed Material 2 – “digital negatives” consist of fully edited Licensed Material(s); it is to the photographer’s discretion among which Licensed Material(s) will remain as digital negatives (i.e. blurry, out-of-focus, bad lighting or “bad” shots will be deleted if unusable); ALL Licensed Material sizes will be 5” x 7” at 240-300 PPI ONLY and will retain Photographer’s copyright; ALL digital negatives are sole property of Photographer and remain under copyright of Photographer. A print release will be given to the client(s) for personal prints only. 3 – Minimum of three hundred (300) proofing Licensed Material(s) and/or proofing gallery. Licensed Material(s) are for client viewing; Licensed Material(s) have moderate editing for purchase 4 – value determined by final destination, hotel/housing accommodations, transportation & length of stay at desired location; this product becomes non-refundable once transportation and accommodations have been reserved and paid for; travel arrangements are made at least two (2) months prior to engagement photo session and/or wedding date
______ Client Initials ______ Client Initials ______ Photographer initials © Jennifer Pinto Photography 2010-2013
6. Payment, Terms & Conditions: A non-refundable retainer fee of the $750 is required to book and schedule an agreed upon date and time for the above photography services. No date or time is reserved until the retainer fee is received. The remaining balance of the complete price listed below must be paid in full ONE WEEK BEFORE the date services are rendered. If payment is not received, Photographer has the right to cancel all services and all moneys paid to Photographer will NOT be returned to the Client(s). Payment must be made by CASH, PERSONAL CHECK, or by CERTIFIED CHECK. If paying by a personal or certified check please make all checks payable to “Jennifer Pinto.� ALL checks are subject to a $30 returned-check fee. The Client(s) understands that strict adherence to the provided payment schedule is required to retain booked session and photographic services. Photographer will provide a receipt to Client(s) for any and all received payments. 7. Proofing & Print/Portrait Orders: Client(s) proofs may be viewed via a password protected web gallery viewing. After the initial proofs have been posted, Client(s) will be able to view/order their photographs for a total of 30 calendar days. Once the 30 day window has expired any requests to extend or reissue photographic proofs will be subject to a $75 fee. The Client(s) has/have the option to purchase high quality professional photographic prints from their session through the Photographer. The Client(s) will be provided a price sheet with their respective dimensions and costs. It is recommended that ALL prints be ordered through the Photographer in order to guarantee the best quality prints from your session. 8. Model Release: The Client(s) hereby gives the Photographer their permission to license ALL Licensed Material(s) and to use the Licensed Material(s) in any medium for any purpose which may include, among others advertising, promotion, marketing and packaging for any product or service. The Client(s) understand that they do not retain ANY rights to the Licensed Material(s) and ALL rights belong to the Photographer. The Client(s) understands that they have no further right to additional consideration or accounting, and that the Client(s) will make no further claim for any reason to the Photographer. The Client(s) acknowledge and agree that this release is binding upon the Client(s) heirs and assigns. 9. Copyright: The photographs, digital negatives, digital copies, prints or any other Licensed Material(s) produced by the Photographer are the exclusive property of the Photographer and are protected by the U.S. Copyright Laws (USC Title 17). The Photographer retains the right sell, copy, display and/or publish any and all Licensed Material(s) created in this Agreement to the general public through mediums including but not limited to: advertising, marketing, sales, print competitions, educational seminars and/or monetary gain. 10. Personal Usage & Licensing Agreement: The Client(s) claims NO right, title or interest in or to the Licensed Material(s) or any associated copyrights, other then the right to possess, hold and is licensed to use the Licensed Material(s) for personal, non-commercial purposes. Furthermore, the Client will: (i) not scan, copy, duplicate, distribute or otherwise reproduce the Licensed Material(s), (ii) not use the Licensed Material(s) for any commercial purpose, without the express written consent of the photographer and (iii) indemnify Jennifer Pinto Photography and its ______ Client Initials ______ Client Initials ______ Photographer initials Š Jennifer Pinto Photography 2010-2013
affiliates, officers, members, managers, employees and agents against any claims, losses or damages incurred as a result of or in connection with your breach of the foregoing restrictions. The Client(s) is obtaining Licensed Material(s) for personal use ONLY. Any modification to this Agreement has to be made in writing with explicit written permission from the Photographer. 11. Rescheduling & Cancellation: In the event that Client(s) cancel(s) the contracted services outlined above, the Client(s) understand(s) they forfeit the 25% retainer fee. If Client(s) wishes to reschedule their appointment to another date and time after a cancellation has been made, they will be subject to an additional non-refundable 25% retainer fee. In the unlikely event that the Photographer is unable to perform the contracted services outlined above due to illness or other emergencies, all money paid to the photographer will be returned to the Client(s); at that point the Photographer will have no obligations to the Client(s) with respect to this contracted Agreement. If the Photographer cancels the contracted services and the Client(s) agree(s) to reschedule, NO additional retainer fee will be assessed and all money paid from the previous contract will count toward the new contracted Agreement. 12. Limited Liability: The Photographer warrants and declares that they will provide high quality photographic services to the Client(s). The Photographer will make every effort to provide the Client(s) with requested photographic Licensed Material(s), but the Photographer is ultimately not responsible if such requests are not fulfilled. It is the responsibility of the Client(s) to coordinate with the Photographer to achieve such requests. In the event that the photographic Licensed Material(s) are damaged, lost or destroyed for reasons within the control of the Photographer, all including initial retainer fee will be returned to the Client(s) and all obligations of this contract will be null and void. 13. Force Majeure: No damages shall be due for a failure of performance occurring due to reasons beyond the control of The Photographer, including but not limited to Acts of God or other deity, war, government regulation, natural or earthly disaster, terrorist act or labor strikes and rebellion. 14. Miscellaneous: Any modifications to this agreement must be in writing and signed by any and all participating parties. 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. The laws of the State of Texas shall govern this agreement. No changes may be made to this contracted agreement without prior verbal AND written authorization AND documentation. All changes must be initialed and dated by both The Photographer and the Client(s). Please place a checkmark in the “□” to indicate that you, the Client(s) have received and/or reviewed the following: I (We) have read this contract in its entirety and I (We) understand all of the terms & conditions set forth in this agreement. □ I (We) fully understand that no date or time will be reserved without the ______ Client Initials ______ Client Initials ______ Photographer initials © Jennifer Pinto Photography 2010-2013
stated retainer fee. I also understand that this fee is non-refundable under any/all circumstance(s) of Client(s). □I (We) am/are fully aware that timely payment on or before the listed “Date of Payment” is required to maintain photography services listed above. If I (We) do not provide prompt payment per the “Payment Schedule,” Photographer has the right to cancel all services herein withholding all payment(s) made. I understand that the Photographer will provide a Receipt or Invoice of each processed payment. □I (We) have received and reviewed the “Print Order Price List” and I (We) will
contact the Photographer if any/all professional photographic prints larger than 5x7 will be ordered. Notes or comments:
Contract & Agreement Terms: “Agreement” means any/all content within this written document pertaining to services and products described herein; “Client(s)” or “Model(s)” means the person, persons or entity set forth in the applicable Invoice as the Client(s) and receiving the rights to the Licensed Materials as Specified herein. “Invoice” or “Receipt” means the computer-generated or pre-printed invoice provided by the Photographer that may include, without limitation, names of the Photographer and the Client(s), the permitted scope of use of the Licensed Material selected and the corresponding price for the Product or Service; “Licensed Material” means any still Licensed Material, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to the Client(s) by the Photographer under the terms of this Agreement; any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole; “Media” means all media including digital, electronic, print, television, film, radio and other media now known or to be invented; “Photographer” means the person, persons, or entity set forth in the Invoice as the “Photographer” and granting the rights to the Licensed Materials as specified herein and the person, persons, or entity that provides the photographic services and products to the Client(s) as the Photographer; “Reproduction” or “Reproduce” mean any form of duplication, copying or publication of any or all the Licensed Material, via any medium and by ______ Client Initials ______ Client Initials ______ Photographer initials © Jennifer Pinto Photography 2010-2013
whatever means, and/or the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material. I (We), the undersigned have read and agreed to all the terms and conditions of this contract in its entirety and I attest to be at least 18 years of age to sign this contracted Agreement. If I am under legal age to sign this contract, I will have my parent, legal guardian, agent or other legal representative also sign below:
OVERALL CONTRACT TOTAL: _____________________
Client Name(s): ____________________________________________________ _____________________________________________________
Client Signature(s): ___________________________________________________ ___________________________________________________
Photographer Name: Jennifer Pinto Photographer Signature: _________________________________________________
Print Order Price List Media Type:
Print Size and Description:
Price:
HQ Photo Paper
8 Wallets (approximate size 2” x 3”) *
$ 15
HQ Photo Paper
4” x 6”
$ 15
HQ Photo Paper
5” x 7” *
$ 20
HQ Photo Paper
8” x 10” *
$ 50
HQ Photo Paper
11” x 14” *
$ 70
HQ Photo Paper
16” x 20” *
$ 135
HQ Photo Paper
20” x 30” (or custom size) *
$ 250
Stand-out
11" x 14" x 1-1/2" *
$ 140
Stand-out
16" x 20" x 1-1/2" *
$235
______ Client Initials ______ Client Initials ______ Photographer initials © Jennifer Pinto Photography 2010-2013
Gallery Wrap
11" x 14" x 1-3/4" *
$180
Gallery Wrap
16" x 20" x 1-3/4" *
$275
______ Client Initials ______ Client Initials ______ Photographer initials Š Jennifer Pinto Photography 2010-2013