The client will need to make a deposit in order to retain the Photographer to perform the services specified herein. A deposit of ½ the total cost (the “Down Payment”) is required upon the hiring and signing of the contract. Photographer has set aside the time necessary to complete the photography assignment and has forgone other opportunities, and therefore the deposit will only be refunded if cancellation is over ninety days in advance. The balance of the total fee should be paid on or before the assignment date. Note: Photographer is not officially booked until a deposit of at least one half of the total cost is received and the contract is signed.
Photographer agrees that every effort will be made to provide high quality photographic services. The parties acknowledge however, that certain events may occur such as natural disaster, equipment failure, loss of digital files, damage due to accidents, fires, and weather, such that Photographer is unable to provide Client with some or all of the photographs taken at the event. In the event of such an unlikely occurrence, Client agrees that the sole recourse available to Client to remedy such a situation shall be the return of a prorated portion of monies paid for photographic services based on the portion of the proof photos that are unavailable. Client agrees that Photographer is not responsible for any other direct or incidental damages associated with an inability to provide photographs including emotional harm.
Cancellation close to the date of the assignment can cause a loss to the Photographer. If the Client shall cancel this agreement ninety days of more calendar days before the wedding, the deposit paid to the Photographer shall be refunded less any out of pocket expenses incurred by the Photographer for this assignment. If less notice is given, most or all of the deposit will be kept as liquidated damages.
COPYRIGHT AND REPRODUCTION
The Client is obtaining photographs for personal use only and shall not sell said prints/proofs/digital files, or authorize any reproductions thereof by parties other than the Photographer. Due to the legalities involved by means of the contractual provisions, Sheryl Pace Photography keeps all the original, digital, files, owns copyrights, prints, proofs, transparencies etc. The Client has no right to reproduce the photographs under copyright law. The Photographer shall own the copyright on all images created and shall have the exclusive right to make reproductions. Client grants to Photographer the unlimited and irrevocable right to use and or to publish any photographs in any manner determined by Photographer, including but not limited to the Photographer’s portfolio, sample,s web-site, self promotions, brochures, and editorial use for display within or on the outside of the Photographer’s studio.