Wedding Contract
Lori Thomas Photography/Swirls Studio 7 Photography
Client Services Electronic Contract Agreement
Standard Terms and Conditions
What to expect after your wedding day:
POSTPONEMENT, CANCELLATION & LIQUIDATED DAMAGES:
POSTPONEMENT: Client acknowledges that in the event that there is a postponement of the assignment the studio will incur expenses and financial loss. Therefore, client agrees to notify the studio of a postponement at least forty-eight (48) hours prior to the scheduled assignment. If client provides studio with notice of a postponement less than forty-eight (48) hours before commencement of the assignment, client shall pay a fee to studio to cover the expenses that the studio would not otherwise have incurred had client not postponed the contract.
“Postponement” is the rescheduling of the Assignment by the client at least 48 hours prior to the Assignment to a mutually agreeable date, and no more than 20 calendar days after the original Assignment date.
Covid - Rescheduling is permitted without any fees given a 48 hour notice. To cancel all together there is a $300 non refundable retainer.
CANCELLATION: Client acknowledges that in the event that there is a cancellation of the assignment the studio will incur expenses and financial loss. Therefore, client agrees to notify the studio of a cancellation at least 72 hours prior to the expected cancellation date in order to minimize the studio’s costs, expenses, and loss of income. Due to the custom assignment and inability of studio to perform other sessions during time reserved for client, if studio has received payment for a scheduled assignment, client will not be entitled to a refund if he or she cancels the assignment.
“Cancellation” means that the assignment is cancelled by client and not rescheduled. In the event of cancellation, client will be responsible for those fees.
LIABILITY: Photographer is not responsible for any injuries inflicted upon participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Once studio has completed a client’s order by exchanging images for full payment, studio shall not be liable for storing those images for client. Due to the custom nature of the work, no refunds will be provided for any orders resulting from this Assignment for prints or other photographic products once any work has commenced on the order.
COPYRIGHT: The Work created by Our Photographer during the Assignment constitutes the copyrighted work of Swirls Studio 7 - Lori Thomas Photography. The Work at all times shall remain the property of Swirls Studio 7 - Lori Thomas Photography. Any portion of the Work delivered to Client is for Client’s personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of, any portion of the Work without the Studio’s written consent. At no times can our images ever be watermarked by anyone other than Swirls Studio 7 - Lori Thomas Photography.
MODEL RELEASE: Client shall permit the Swirls Studio 7 - Lori Thomas Photography to use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by Client, Swirls Studio 7 - Lori Thomas Photography for the duration of the Assignment, and Client shall defend and indemnify the Studio and Photographer from and against any claims that any of Client’s guests may assert against the Studio or Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guest[s] by the Studio and Photographer Client during the Assignment.
JURISDICTION & VENUE: This agreement shall be construed according to the laws of the state of California. Client acknowledges that this Agreement was entered into in Sacramento, California and that at least a substantial portion of this agreement will be performed in California, and that the proper venue for any legal action related to this agreement is in the Superior Courts of the County of Sacramento, California.
PRINTS \ DIGITAL IMAGES: If the client purchases the digital download of images, Swirls Studio 7 Photography provides suggested professional print labs at clients request. To ensure the best quality, do not alter the images before printing. Swirls Studio 7 Photography is not responsible for longevity of prints, printing errors or quality of prints or products printed elsewhere. Studio does not warrant the longevity in quality of any prints, digital media or files delivered to client. Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the files. As a courtesy to our clients we save your images for six months.
SPECIFIC IMAGES: The Studio and Client further agree that that the Studio cannot be held responsible for any specific image that may not be delivered. Client acknowledges and understands that Photographer uses a highly stylized and photo journalistic approach to the Assignment, with few prearranged or posed shots. Any failure by the Studio to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by Client to the Studio, and Studio shall not provide any other remedy to Client.
PAYMENT SCHEDULE: Client must pay the deposit, second installment and final payment described below before Photographer has any obligation to perform the Assignment. Client’s failure to pay the retainer, second installment and final payment shall be deemed a material breach of this Agreement, shall result in damage to the Studio, and shall relieve the Studio and Photographer from performing any services under this Agreement.
ARCHIVE FEE (12 MONTHS): If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 12 months after the Assignment, then Client shall be charged a $250 archive fee to maintain storage of the undelivered Work or other goods. This archive fee shall be in addition to any other sums paid by Client pursuant to this Agreement.
TERMINATION (18 MONTHS): If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 18 months after the Assignment, then the Studio’s performance of the Assignment shall be deemed complete, and this Agreement shall terminate. Upon the termination of this Agreement, the Studio shall have no further obligation to Client to store the undelivered Work or other goods. The Studio shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Studio shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to Client
SOLE PHOTOGRAPHER: Photographer shall be the sole professional photographer at the event. Client acknowledges that the presence of other Photographers will adversely impact the ability of the Photographer to create the work and as a result the work may fail to meet the standards represented by the Studio in its portfolio and samples.
MEALS / BREAKS: Breaks are permitted fifteen minutes per every four hours. If the Assignment lasts longer than five hours, Photographer and the Photographer’s crew shall be provided hot meals and refreshments. If Client does not provide such meals, then Client agrees to reimburse the Studio for meal expenses for Photographer and Photographer’s crew.
FAILURE TO PERFORM:
If the Photographer cannot perform this Agreement due to a fire, emergency, death to the photographer, act
of terrorism or crime, natural disaster, road hazards, heavy traffic conditions, flight delay or cancellations, act
of God, or a cause beyond the control of the parties, then Swirls Studio 7 \ Lori Thomas Photography shall return all
payments, not including the retainer or Product payments, to the Client, and shall not have further liability
with respect to the Agreement. This limitation on liability shall also apply in the event that photographic
materials are damaged in processing, lost through camera malfunction, lost in the mail or otherwise lost or
damaged without fault on the Photographer. Swirls Studio 7 \ Lori Thomas Photography is not responsible for ruined
photographs due to guest’s (or any other) flashes, or any other cause outside of Swirls Studio 7 \ Lori Thomas Photography control. It is acknowledged that any lists submitted to the Photographer will be used for
organizational purposes only and in no way represent photography that will actually be produced. The
Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered.
Clients are responsible for all location fees and permits.
ILLNESS & INJURY: In the unlikely event that Photographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond Photographer’s control, then the Studio shall refer Client to another professional photographer to perform the Assignment from the network of photo journalistic wedding photographers maintained by Swirls Studio 7 - Lori Thomas Photography. The Studio will work in good faith to find the best replacement photographer possible for the Assignment. The Studio shall not be responsible for the services provided by any such replacement photographer, and the Studio shall not be liable for any damage or injury sustained by Client, if any such replacement photographer retained by Client, fails in whole or in part, to perform the Assignment.
DANGEROUS CONDITIONS: If, during the Assignment, Photographer or his crew are exposed to: (a) conditions which imperil or cause the Photographer or his crew to fear for their safety, or (b) objectionable or illegal acts to which Photographer and his crew do not wish to be a party or witness, then the Studio reserves the right to immediately protect Studio’s and Photographer’s interests, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, the Studio will not refund any moneys paid by Client. Client shall indemnify Studio and Photographer from any damage or injury that Studio, Photographer or his crew may sustain, arising from, or related to, any hazardous conditions which imperil or cause Photographer or his crew to fear for their safety, while performing the Assignment.
This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date by and between Swirls Studio 7 Photography (“Studio”) and the person(s) identified as the Client.
Client Services Electronic Contract Agreement
Standard Terms and Conditions
What to expect after your wedding day:
- Photographer submits your images to our editor.
- Sneak Peek is available with in two weeks of your wedding day.
- Online view and share gallery will be sent to the your email within two months of your wedding day.
POSTPONEMENT, CANCELLATION & LIQUIDATED DAMAGES:
POSTPONEMENT: Client acknowledges that in the event that there is a postponement of the assignment the studio will incur expenses and financial loss. Therefore, client agrees to notify the studio of a postponement at least forty-eight (48) hours prior to the scheduled assignment. If client provides studio with notice of a postponement less than forty-eight (48) hours before commencement of the assignment, client shall pay a fee to studio to cover the expenses that the studio would not otherwise have incurred had client not postponed the contract.
“Postponement” is the rescheduling of the Assignment by the client at least 48 hours prior to the Assignment to a mutually agreeable date, and no more than 20 calendar days after the original Assignment date.
Covid - Rescheduling is permitted without any fees given a 48 hour notice. To cancel all together there is a $300 non refundable retainer.
CANCELLATION: Client acknowledges that in the event that there is a cancellation of the assignment the studio will incur expenses and financial loss. Therefore, client agrees to notify the studio of a cancellation at least 72 hours prior to the expected cancellation date in order to minimize the studio’s costs, expenses, and loss of income. Due to the custom assignment and inability of studio to perform other sessions during time reserved for client, if studio has received payment for a scheduled assignment, client will not be entitled to a refund if he or she cancels the assignment.
“Cancellation” means that the assignment is cancelled by client and not rescheduled. In the event of cancellation, client will be responsible for those fees.
LIABILITY: Photographer is not responsible for any injuries inflicted upon participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Once studio has completed a client’s order by exchanging images for full payment, studio shall not be liable for storing those images for client. Due to the custom nature of the work, no refunds will be provided for any orders resulting from this Assignment for prints or other photographic products once any work has commenced on the order.
COPYRIGHT: The Work created by Our Photographer during the Assignment constitutes the copyrighted work of Swirls Studio 7 - Lori Thomas Photography. The Work at all times shall remain the property of Swirls Studio 7 - Lori Thomas Photography. Any portion of the Work delivered to Client is for Client’s personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of, any portion of the Work without the Studio’s written consent. At no times can our images ever be watermarked by anyone other than Swirls Studio 7 - Lori Thomas Photography.
MODEL RELEASE: Client shall permit the Swirls Studio 7 - Lori Thomas Photography to use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by Client, Swirls Studio 7 - Lori Thomas Photography for the duration of the Assignment, and Client shall defend and indemnify the Studio and Photographer from and against any claims that any of Client’s guests may assert against the Studio or Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guest[s] by the Studio and Photographer Client during the Assignment.
JURISDICTION & VENUE: This agreement shall be construed according to the laws of the state of California. Client acknowledges that this Agreement was entered into in Sacramento, California and that at least a substantial portion of this agreement will be performed in California, and that the proper venue for any legal action related to this agreement is in the Superior Courts of the County of Sacramento, California.
PRINTS \ DIGITAL IMAGES: If the client purchases the digital download of images, Swirls Studio 7 Photography provides suggested professional print labs at clients request. To ensure the best quality, do not alter the images before printing. Swirls Studio 7 Photography is not responsible for longevity of prints, printing errors or quality of prints or products printed elsewhere. Studio does not warrant the longevity in quality of any prints, digital media or files delivered to client. Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the files. As a courtesy to our clients we save your images for six months.
SPECIFIC IMAGES: The Studio and Client further agree that that the Studio cannot be held responsible for any specific image that may not be delivered. Client acknowledges and understands that Photographer uses a highly stylized and photo journalistic approach to the Assignment, with few prearranged or posed shots. Any failure by the Studio to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by Client to the Studio, and Studio shall not provide any other remedy to Client.
PAYMENT SCHEDULE: Client must pay the deposit, second installment and final payment described below before Photographer has any obligation to perform the Assignment. Client’s failure to pay the retainer, second installment and final payment shall be deemed a material breach of this Agreement, shall result in damage to the Studio, and shall relieve the Studio and Photographer from performing any services under this Agreement.
ARCHIVE FEE (12 MONTHS): If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 12 months after the Assignment, then Client shall be charged a $250 archive fee to maintain storage of the undelivered Work or other goods. This archive fee shall be in addition to any other sums paid by Client pursuant to this Agreement.
TERMINATION (18 MONTHS): If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 18 months after the Assignment, then the Studio’s performance of the Assignment shall be deemed complete, and this Agreement shall terminate. Upon the termination of this Agreement, the Studio shall have no further obligation to Client to store the undelivered Work or other goods. The Studio shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Studio shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to Client
SOLE PHOTOGRAPHER: Photographer shall be the sole professional photographer at the event. Client acknowledges that the presence of other Photographers will adversely impact the ability of the Photographer to create the work and as a result the work may fail to meet the standards represented by the Studio in its portfolio and samples.
MEALS / BREAKS: Breaks are permitted fifteen minutes per every four hours. If the Assignment lasts longer than five hours, Photographer and the Photographer’s crew shall be provided hot meals and refreshments. If Client does not provide such meals, then Client agrees to reimburse the Studio for meal expenses for Photographer and Photographer’s crew.
FAILURE TO PERFORM:
If the Photographer cannot perform this Agreement due to a fire, emergency, death to the photographer, act
of terrorism or crime, natural disaster, road hazards, heavy traffic conditions, flight delay or cancellations, act
of God, or a cause beyond the control of the parties, then Swirls Studio 7 \ Lori Thomas Photography shall return all
payments, not including the retainer or Product payments, to the Client, and shall not have further liability
with respect to the Agreement. This limitation on liability shall also apply in the event that photographic
materials are damaged in processing, lost through camera malfunction, lost in the mail or otherwise lost or
damaged without fault on the Photographer. Swirls Studio 7 \ Lori Thomas Photography is not responsible for ruined
photographs due to guest’s (or any other) flashes, or any other cause outside of Swirls Studio 7 \ Lori Thomas Photography control. It is acknowledged that any lists submitted to the Photographer will be used for
organizational purposes only and in no way represent photography that will actually be produced. The
Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered.
Clients are responsible for all location fees and permits.
ILLNESS & INJURY: In the unlikely event that Photographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond Photographer’s control, then the Studio shall refer Client to another professional photographer to perform the Assignment from the network of photo journalistic wedding photographers maintained by Swirls Studio 7 - Lori Thomas Photography. The Studio will work in good faith to find the best replacement photographer possible for the Assignment. The Studio shall not be responsible for the services provided by any such replacement photographer, and the Studio shall not be liable for any damage or injury sustained by Client, if any such replacement photographer retained by Client, fails in whole or in part, to perform the Assignment.
DANGEROUS CONDITIONS: If, during the Assignment, Photographer or his crew are exposed to: (a) conditions which imperil or cause the Photographer or his crew to fear for their safety, or (b) objectionable or illegal acts to which Photographer and his crew do not wish to be a party or witness, then the Studio reserves the right to immediately protect Studio’s and Photographer’s interests, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, the Studio will not refund any moneys paid by Client. Client shall indemnify Studio and Photographer from any damage or injury that Studio, Photographer or his crew may sustain, arising from, or related to, any hazardous conditions which imperil or cause Photographer or his crew to fear for their safety, while performing the Assignment.
This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date by and between Swirls Studio 7 Photography (“Studio”) and the person(s) identified as the Client.