910.616.9454 - 941 Highlands Drive, Hampstead, NC 28443 WEDDING PHOTOGRAPHY CONTRACT
Ethan Gaskill Photography Contract and Agreement
• In order to reserve EGP for a wedding date, the bride and groom must sign this Wedding Photography Agreement and pay the nonrefundable Retainer. By signing this Agreement, the bride and groom agrees to be legally obligated to all the terms herein. This Agreement is only valid after execution of this Agreement by EGP. The bride and groom shall each be jointly and severally liable under this Agreement for the obligations of the bride and groom hereunder. • Pricing reflected in this Agreement is guaranteed for 14 days from our first meeting/contact about your wedding date. If this Agreement is changed or updated, or pricing changes after such 14 day period you will need to enter into the then-current Agreement to retain the services of EGP. • Prices for albums and reprints are guaranteed from the time you sign this Agreement until the date that is six months after your wedding date. Following such period, then-current prices (as determined by YNP) will apply for all items ordered hereunder. • In order for EGP to properly photograph your wedding, EGP requires a final consultation at least two weeks prior to your wedding to review the wedding day schedule and final details. Final payment hereunder is due 30 days before your wedding. In the event the 30 day payment is not received, EGP will not be required to provide photography services and may terminate this Agreement and retain the Retainer and other monies paid hereunder as liquidated damages and not as a penalty. • In order for EGP to complete your wedding photographs in a timely manner, it is absolutely necessary that everyone be ready at their prearranged times. This includes having travel arrangements made, having the church or temple open, and your flowers ready and available for your portrait time. Please be conservative with time when scheduling your wedding day activities. • In order to eliminate any confusion on the day of the wedding, EGP will be the only professional photographer at the event. In no event shall client consult, contract with or engage any other professional photographer for the purposes of covering the wedding or any other event covered by this Agreement. To ensure the quality of photographs, guests with cameras should refrain from using flashes during the ceremony and should not attempt to take photographs during the time of formal photographs. Videographers are not to use or carry film or digital "still" photographic equipment at the event. It shall be the client's responsibility to inform guests and any Videographers of the above restrictions and to enforce such restrictions. • Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by EGP shall be the responsibility of the bride and groom. In the event any EGP photographer 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, unwelcome sexual advances, requests for sexual favors, and other 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 bride or groom; second offense: the offending person will be required to leave the wedding or other event; third offense: EGP will end wedding coverage immediately and leave the event, this Agreement shall be deemed to be terminated, EGP shall be relieved of all responsibilities under this Agreement following such termination, EGP shall be entitled to retain the Retainer and all other monies paid hereunder and client agrees to relieve EGP and hold EGP harmless as a result of incomplete wedding or event photography coverage. EGP requires at least one hot meal provided for all EGP photographers for any wedding coverage exceeding 5 hours. • In the event of postponement or cancellation of the wedding, the Retainer and all payments received to date shall be retained by EGP and shall be non-refundable in all respects. Clients shall provide EGP with at least two (2) weeks notice prior to any cancellation or postponement of the wedding.
Ethan Gaskill Photography Contract and Agreement
• All on-line proofing images will be removed from the EGP website after approximately 90 days. Due to the rapid pace and unpredictable nature of wedding photography, EGP does not guarantee the delivery of any requested or expected photograph. • By signing this Agreement all parties agree to and acknowledge the style of photography performed by Ethan Gaskill. No refunds shall be made for services and goods provided based upon the client's dissatisfaction with
such style of photography. The clients acknowledge and agree that the style of photography provided hereunder is artistic, unique, and shot/edited in an untraditional manner.
• Except as expressly provided in this Agreement, there are NO returns or refunds on services provided hereunder or on any albums or other items provided hereunder. • Except as expressly provided in this Agreement, EGP makes no, and hereby disclaims any, express or implied representations, warranties or guarantees regarding the goods or services provided hereunder (including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose). • Any and all defects in the photographs, images, files or other products provided by EGP shall be communicated to EGP within one (1) week of client's receipt of same, failing which client shall be barred from making any claim for such defects. • Notwithstanding anything contained in this Agreement to the contrary, the client's sole remedy for an actual breach by EGP of its obligations under this Agreement, shall be a termination of this Agreement and a refund of the Retainer and other monies collected hereunder up to the date of such breach or, at EGP's option, the replacement of photographs, images or other items provided by EGP hereunder. In no event shall EGP be liable for monetary damages, whether in tort, for breach of contract or otherwise, under this Agreement for an amount in excess of the Retainer and any other monies paid hereunder. • Upon delivery of the hi-resolution wedding files, the client will be entirely responsible for the originals and all copies of their wedding files and photographs and EGP shall not be required, in any event, to reproduce or replace any such files or photographs that are lost, stolen or destroyed. It is recommended to make a back up copy every five years, which copies shall be subject in all cases to the limitations contained in this Agreement. • All digital images and other digital material shall remain the exclusive copyrighted property of EGP and client shall have no ownership or other rights in such images or other material. It is hereby expressly agreed that EGP shall have the exclusive right to use such images or other material for display, publication, competition or other purposes as determined in the sole discretion of EGP. Client's possession of a photograph does not grant the right to client or any other person, other than EGP, to duplicate or make copies of any kind, including computer scans. Upon delivery of a disc containing hiresolution files, client will receive a letter granting client permission to produce copies directly from the disc; provided, however, that any and all copies shall only be for the private and personal use of client, in no event shall client or any other person, other than EGP, make any copies for the purpose of sale or publication and in no event shall client or any other person, other than EGP, sell or publish any photographs or images provided by EGP (or any copies thereof). • Initial album designs may take up to 4 weeks or longer to complete. Within three (3) months of client's receipt of an image catalog, the client must provide EGP with client's album selections. Not more than six (6) weeks following such album selections, client shall meet with an authorized EGP representative to communicate any design changes desired by client. Following such meeting, any design changes requested by client will be charged at a rate of $75 per change. Each design change will take approximately 1-2 weeks to complete. • This Agreement shall be governed by the substantive laws of the State of North Carolina, without regard to its conflicts of laws provisions. Any dispute under this Agreement that cannot be resolved by EGP and client after thirty (30) days of receipt of notice of the dispute shall be first be submitted to a neutral mediator selected by EGP. In the event the mediator cannot resolve the dispute, the remaining issues in dispute may be submitted to the relevant court of the State of North Carolina. The state and federal courts of the State of North Carolina shall have exclusive jurisdiction over any such dispute and each party hereby irrevocably consents to the jurisdiction of such courts upon them and service of process by mail. • In the event of any breach of this Agreement by client, EGP shall be entitled to terminate this Agreement and retain the Retainer and any other monies paid by client hereunder. In addition to the other remedies expressly stated in this Agreement, EGP shall have all other remedies available to it at law or in equity upon the breach of this Agreement by client. Ethan Gaskill Photography Contract and Agreement
• In no event shall EGP be liable under this Agreement for any consequential, incidental or punitive damages, or for lost profits. • In no event shall this Agreement be modified, altered or amended without the prior written agreement of each party hereto. • This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. • If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. • In the event of a divorce or separation of the bride and groom prior to EGP's delivery to the bride and groom of the photographs, images, files or other products supplied by EGP hereunder, EGP may implead any or all such items into any court of competent jurisdiction in the State of North Carolina and shall thereafter be relieved of any further responsibilities, liabilities or obligations relating to such items and performance under this Agreement. • EGP shall not be liable for its delay in performing or failure to perform under this Agreement as a result of any circumstances, events or contingencies beyond its reasonable control, including but limited to acts of God, fires, floods, wars, civil insurrection, sabotage, equipment or machinery breakdown, accidents, labor disputes or short-ages, any governmental laws, ordinances, rules, regulations, bans, delay or inability to obtain supplies, labor, raw materials, energy, transportation, and any other similar circumstance, event or contingency.
Sign below and return with your 30% Retainer fee of _______________ . Your signature indicates that you have read, understand, and agree to be bound by all of the terms and conditions of this Agreement as provided herein.
Bride (client)
(date)
Studio
(date)
Ethan Gaskill Photography Contract and Agreement
Groom (client)
(date)