CWP Wedding Contract

    Please take a few minutes to read through all the below information and fill in the required areas. We are not responsible for mistakes due to missing or incorrect information.

    If you have not already created your Wedding Collection, please visit     http://blog.chriswithersphotography.com/create-your-wedding-collection.html before continuing. Your Wedding Collection information will be needed to complete this Contract.
    This AGREEMENT is entered into on the above date between Chris Withers Photography (hereinafter referred to as the “Photographer”); and the above mentioned, 'Brides Name' and 'Grooms Name' (hereinafter referred to collectively as the “Client”) for their event on:
    Taking place at:
    Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Chris Withers 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. The laws of the State of Illinois shall govern this contract, and any resulting arbitration shall take place within Sangamon County, Illinois. 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.

    Permissions to Photograph: It is the sole responsibility of the Client to secure permission of the church, synagogue or other venue of the wedding for the Photographer to photograph the ceremony/event.  The Client shall insure the placement of the bridal party, the officiate(s) and the altar decorations so as to not obscure the view of the bride and groom.  The Photographer will abide by the rules of the church/synagogue in regards to camera placement and flash regulations at the ceremony and is not responsible for any infringement on quality due to the facilities regulations.   Many Cities, counties, state agencies and private venues/businesses are charging a photography permit fee.  The client is responsible for the payment of such fee.  In the event clients fail or refuse to pay for any such permit fee client is responsible for any and all related costs or fines if applicable.

    Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. 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. While Photographer uses their creativity and different ideas for shots, it is not guaranteed that the image will be up to their standards and may not be included in final collection of images. 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 Client.

    Responsibilities: Unless agreed upon in advance, Chris Withers Photography shall be the exclusive photographer retained for the event. Photographer may bring assistant(s) at their discretion. Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. 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 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 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 of the invitation 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.

    Retainer/Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer of $500.00. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 30 days before the event date. 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 attend this 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/ Reschedule: If for any reason Client cancels this event before the set date, Photographer will keep the Retainer. If the Photographer is able to rebook the original date, Client will receive credit for any monies paid. If Photographer is unable to rebook the original date, client forfeits Retainer and all monies paid. 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.

    In the event that Client cancels/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 will be required. The new Collection prices 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.

    Digital Copies: Upon receipt of a Digital Copy, 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 Digital Copies provided. It is Client's responsibility to make sure that digital files are copied to new media as required.

    Collection Choice:  Please go to http://blog.chriswithersphotography.com/create-your-wedding-collection.html to create your Wedding Collection. This secondary form is part of your contract and is required to complete your file. Note that Client has the option to upgrade or add onto the Collection at any point, including post wedding for product additions (i.e. wedding album, prints, etc.) as well as adding on additional wedding day coverage up to the day of.
    * For weddings outside of Springfield, IL a Travel Fee will be assessed per the outline of this Contract. This fee will be calculated and invoiced separately.
    Payment Schedule: Photographer provides the flexibility of creating a payment schedule, thus not requiring a lump sum at once. It is the Clients responsibility to provide a schedule of payment, with all monies due in total forty-five (45) days prior to wedding day coverage. Client has the option of breaking up the Balance Due into

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    Pricing: The above Collection choice can be upgraded at any time. Client has the ability to add additional services, hours of camera time or products at any time, before or after the wedding. Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers or Print Credits have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All print/album credits and sessions must be used within 6 months of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.

    Expenses/Travel: Client is responsible for all Out-of-Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment.  Such expenses will be billed as it becomes available. Additional travel or coverage hours may be added on the wedding day and must be paid in full before any photos or products are released to the Client. If the event is beyond thirty (30) miles outside the center of Springfield, Illinois a Travel Fee will be assessed. This fee is based on $0.75 per mile, traveling to the wedding ceremony/reception and coming back. Photographer will use Google Maps to calculate the miles. For all weddings 65 miles or more outside of Springfield, IL a single night hotel will be added to the Travel Fee. This is a set $100 base price. This amount can change without notice, depending on the current rates at time of wedding and wedding location. If additional photography is taking place pre/post wedding, or if wedding is outside of Illinois additional nights may be required. This Travel Fee will be additional to any Wedding Collection the Client chooses and will be added in the Expense section in the below Payment Schedule. Photographer reserves the right to add on the proper Travel Fee post-contract if Client was unable to supply proper wedding ceremony/reception address.

    Copyright: All photographs taken by Chris Withers Photography are their property, will remain their 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.

    Final Photo Product:  It is understood that the Client is hiring the Photographer for their artistic styling, technical expertise and attention to detail. Photographer reserves the right to take the time necessary to deliver photography that holds to their high standards and to edit the images as he sees fit.  The Photographer does not guarantee that everyone involved in the event will be photographed or included in the final Images.  It is understood that Photographers first priority is quality. Photographers standards includes but is not limited to individual attention to each image, does not rely on automatic filters for processing, insures the best exposure fit for each environment, creative and artistic stylizing, and an overall desire to create photography that tells the Clients story.

    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 Client. In the event Photographer or their 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, 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 client; 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 monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.

    Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from them. 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 Chris Withers 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.

    Authorship Credit: Authorship credit in the name of the Photographer [i.e., Chris Withers Photography] shall accompany any Images when reproduced.  

    Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Photographer become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).

    Liability: If Photographer or their agent is unable to perform any or all of the duties herein for any reason, including but not limited to, accident, neglect, human error, loss of materials, fire, weather conditions, transportation problems, acts of God, illness, death to self or immediate family member or technical problems, and if they cannot provide another competent professional, all money received by Photographer, minus retainer and expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, fire or otherwise lost or damaged without fault on the part of the Photographer.  Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). 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 Client under this Agreement during the time preceding the date on which such liability arises.

    I have read, understand and agree to the terms and conditions of this Contract. Each Client must initial below; by initialing and clicking 'Submit' Client is fully pursuant to the terms of this Contract.
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