Photography Agreement

- Contract for Event Photography Services -

This agreement is between “Client Listed in Client Name below” hereinafter referred to as the “Client,” and “DZI Photography (Kevin Tydlaska-Dziedzic)” hereinafter referred to as the “Photographers(s).”

Date of Event:

MM

DD

YYYY

Start Time:

Hour

Minute

Second

End Time:

Hour

Minute

Second

Services Agreed On:

Please choose your services below

Client Name

First Name

Last Name

Phone

(###)

###

####

Email Address

Address

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Agreed Upon Amount:

Please enter the amount we have agreed upon for services

$

Booking Fee | Deposit (Secures Date):

Booking fee is 50% of amount above. The booking fee is due upon signing this agreement (Booking Fee is 50% of the total amount, with the remaining balance due on the day of the event). Remaining Balance will be due a week prior to the event.

$

Venue Location

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Additional Contact Information

Additional contacts must be able to be contacted on the day of the event.

THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND UNDERSTAND THIS AGREEMENTS CONTENT. Permission is herby granted to DZI Photography and it’s subsidiaries, to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. I understand and agree to all of the below:

Signature

First Name

Last Name

TERMS AND CONDITIONS

This is a contract for photography services to be provided by DZI Photography and/or individuals subcontracted to do work for DZI Photography. You agree to the following terms and conditions.

IMAGE EDITING AND PHOTOGRAPHERS POST SHOOT INVOLVEMENT: The Client agrees to and acknowledges that DZI Photography has agreed to release the image copyrights as stated below and to offer photography services at the quote listed in this contract.

RETAINER / DEPOSIT: In some cases a retainer fee is required to hold the date of your session. No date is reserved until a retainer is received (unless specified by Photographer). The balance of the complete package price must be paid at the date specified herein. If final payment is not received as set forth herein, DZI Photography reserves the right to withhold delivery of the images and/or not attend the event until payment is received.

RETURNED CHECKS: Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by DZI Photography in the event that enforcement of this contract becomes necessary. All legal action shall take place in Hillsborough County, Florida, United States.

CANCELLATION: There shall be NO refund of retainer after 48 hours from the signing of the agreement due to the reservation of the photography date. If the event is cancelled within three months of the date, the client shall pay the balance of the contract due to the high probability that DZI Photography will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and DZI Photography. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform DZI Photography of the cancellation.

RESCHEDULE: In the event that Client reschedules the event and Photographer is able to rebook the original event with a new client, Client will receive credit for all monies already paid. A new contract may be required. The new package 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 event date with a new Client, Client forfeits the deposit but will receive a credit for all other monies paid. Credit may be applied to event coverage within one year of original date provided Photographer is available.

EXCLUSIVE PHOTOGRAPHER: DZI Photography shall be the exclusive Photographer(s) retained by the client for the purpose of photographing the event. Family and friends of the clients and other vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of session services to ensure proper exposure of images.

SUBSTITUTION: In the event of illness or sudden event out of the control of both parties, DZI Photography will attempt to substitute a photographer at no cost to Client. This contract will be transferable to said Photographer.

COOPERATION: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer be provided with a helper (someone who knows most of the guests) who will point out key individuals to be photographed. The Photographer may also require assistance in organizing family groups. The Clients also agree to give the Photographer sufficient warning of key events to give the Photographer time to prepare e.g. cutting the cake, speeches etc. Please note that not all guests like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.

THE SCHEDULE: Our shooting schedule, style of working and experience are designed to achieve a great set of Event photos for the Clients, accomplished with good humor and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the Event does not run on time (for example, extreme lateness by one of the Clients guests) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.

COVERAGE: Photography will provide coverage for the dates, locations, and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the event day and must be paid in full before any photos or products are released to the client. 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. Images determined by the photographer to be substandard or duplicated my 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.

PAPARAZZI EVENT GUESTS: All your guests will have digital cameras and all your guests will want to take photographs at Key times. In the spirit of cheerful cooperation the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the Event services described in this Agreement. We cannot be held liable for a lack of Event photos if guests taking their own photos of the Key moments continually interrupt the Photographer's work.

FAILURE TO PERFORM: Due to the limited and subjective nature of the event, DZI Photography can not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions or location or venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to DZI Photography will be used for organizational purposes only and in no way represents photography that will actually be produced. DZI Photography will do it’s best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.

UNFORSEEN CIRCUMSTANCES CLAUSE: If DZI Photography or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, acts of God, including but not limited to road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, than DZI Photography shall return any moneys paid by the Client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of DZI Photography.

INCLEMENT WEATHER CHARGE: In the event of severe weather or other unforeseeable events, DZI Photography may make the decision that it is unsafe to drive home, and hotel stay will be billed to the client.

COPYRIGHT: The full copyright of photographs remains with the Photographer and is 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. DZI Photography agrees to grant image rights to the Client with a non-exclusive, limited, perpetual license. This allows the Client to do the following to the images:

i) Display the images;

ii) Print the images;

iii) Copy the electronic files or the printed images;

iv) Upload, email, or electronically transfer the images or files;

v) Publish the images on personal websites or social media networks (with credit)

Client may take high res files to a “print only” vendor to get images printed. Client agrees not to scan, copy, or reproduce images in any manger without written permission. Should Photographer become aware of reproduction without permission, Photographer has the right to take legal action against the Client per licensing. If high-resolution files are purchased, a written release will be supplied with those files. The release grants Client the right to print 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 without the Photographer consent. Images taken by the Photographer are for “personal & private” use by the Clients and their friends and relatives therefore the client is granted Personal & Private use rights. No tangible personal property is transferred to the client in this contract.

THIS LICENSE WILL PROHIBIT CLIENT FROM THE FOLLOWING:

i) Referencing or crediting without permission written or orally, that DZI Photography produced the image/s.

ii) Applying for copyright registration or selling of any image or electronic files supplied by DZI Photography.

CREATIVE LICENSE: Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards.

LIMIT OF LIABILITY: If a photographer is too ill or becomes injured and cannot supply the event services specified above the Photographer will try to book a replacement event photographer. Under normal circumstances a second photographer from the Photographer is there for the day anyway and this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

HARASSEMENT: Ensuring the appropriate behavior of all guests and other persons attending the event 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 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 offence: a verbal warning will be issued to a family member of the client; Second offence: the offending person will be required to leave the event; Third offense: Photographer will end event 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 event photography coverage.

MODEL RELEASE: The Client grants the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients and guests for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction, and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

GARMENTS: DZI Photography cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments.

AGREEMENT/JURSIDACITION: The person(s) whose signature(s) appear on this contract, known as “Client,” agree that DZI Photography, known as “Photographer,” shall provide services to photograph their event to the best of their abilities, in the manner described in this agreement. 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 Florida shall govern this contract, and any resulting arbitration shall take place within Hillsborough County, Florida. 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. Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full on 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 futures purchases / payments must be paid by Cashiers Check. Unless the contract is cancelled, the deposit fee shall be applied to the photography fee total.