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wedding photography agreement

Photographer: Clients: Stephanie Schonberger Names S.Strine Photography, LLC Address 557 Tierra Bella Drive City, State Zip Alamogordo, NM 88310 Phone 505-321-4644 Ceremony: Time and Date:

Venue: Address:

Reception: Time and Date:

Venue: Address:

Coverage: Sueño Collection: Includes full wedding day coverage with two photographers plus

an on-location engagement session at a date and location agreed upon by client and photographer

Products: High-Resolution JPG Digital Negatives (delivered within 45 days of wedding date) 10x10 20-Spread Custom Wedding Album

No other products included Wedding Coverage: $ New Mexico (Otero County) GRT (7.875%): $

Total Contract Price (including tax): $ Retainer Paid [date]: $ Final Payment Due [date]: $

___________________ ___________________ Photographer’s Initials Client’s Initials

This agreement is between the Client, whose name and address is listed above, and S.Strine Photography, LLC.

1. Retainer and Payment. The Client shall make a non-refundable retainer the

Photographer to perform the services specified herein. The retainer shall be equal to 50% of the total contract price, including New Mexico Gross Receipts Tax. Upon payment of

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retainer, Photographer will reserve the time and date agreed upon by both parties. Final payment, including all applicable tax, shall be due one week prior to the wedding date.

2. Pre-Wedding Consultation. The Client agrees to a pre-wedding consultation. At the consultation, the Photographer and Client shall finalize the wedding day schedule, shoot locations and Client’s specific requests. The Client also agrees to complete the Photographer’s Wedding Client Questionnaire at least 30 days prior to the wedding date.

3. Cancellation. If for any reason Client cancels this contract before the wedding date,

Photographer shall keep the retainer. All cancellations must be made in writing and signed by all contracted parties. If Client fails to supply written cancellation or cancels within 30 days of the contracted date, Client shall be required to pay the full balance of the contract.

4. Rescheduling. If for any reason the Client reschedules the wedding, the retainer may be

applied to the new date. A new contract will be required to reflect the changes. Credit may be applied to wedding coverage within one year of original date, provided Photographer is available on the date selected.

5. Cooperation. The Photographer is not held responsible for behavior of parties involved

with the shoot, with the exception of studio personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved with the exception of studio personnel, Photographer cannot be held responsible.

6. Photographic Materials. All photographic materials, including but not limited to

physical and digital negatives, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online proofing gallery or through an in-person ordering session. These proofs shall be available to the Client within 45 days of the shoot date, and if an online proofing gallery is delivered, it shall remain open for 365 days from delivery. After that time, the Client will receive an email and may choose to extend the gallery for $29 per subsequent year. No prints or negatives will be released until the total contract price and/or product order are paid in full.

7. Artistic Rights. The Photographer retains the right of discretion in selecting and editing

the photographic materials released to the client. Under no circumstances will RAW files or unedited images be released to the client.

8. Copyright and Reproductions. The Photographer shall own the copyright in all images

created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

9. Client’s Usage. The Client shall only use the photos and prints, including digital files, in

accordance with the permissions within this agreement. The Client’s photos are for personal

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use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

10. Social Media. The Client may share blog posts, gallery links, and social media posts

through use of the share functions and dissemination of direct links. The client may also upload digital files directly to social media and other online media when purchased from the photographer, but Client shall not copy, download, screen shot, alter or capture the photographs in any other fashion. Downloading, emailing, editing and sharing beyond the extent of the language provided herein is outlined in the digital file print release for digital negatives purchased.

11. Failure to Perform. If the Photographer is unable to perform this agreement due to

illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to re-schedule the session. If Photographer and Client are unable to re-schedule, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

12. Photographer. The Photographer reserves the right to substitute with another

photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

13. Second Photographer. The Photographer shall supply one additional professional

photographer to assist on the wedding day. 14. Full Wedding Day Coverage. Full Wedding Day Coverage implies that the

Photographer will cover all major wedding day events. This includes, but is not limited to, the bride and groom getting ready, pre- and post-ceremony portraits, the ceremony and the reception, as specified by the Client. This does not mean that the Photographer is on-duty without limitation on the wedding day. The Photographer will arrive at an appropriate time prior to the ceremony and depart after all key reception events are complete unless other specific arrangements are agreed upon by the Photographer and Client.

15. Photographer’s Standard Price List. The charges in this agreement are based on the

Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at prices in effect at the time of the order unless otherwise specified. Product and print prices are subject to change without notice

16. Meals. A meal is required for every member of the Photographer’s team for six or more

hours of coverage. 17. Time and Venue Guidelines. The Photographer is bound to guidelines and policies of

venue officials or management. Further, Client understands that lighting conditions are based on weather conditions and the time of day of the shoot. Client agrees to accept the

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technical results of their imposition on the Photographer. Negotiation with venue officials for modification of guidelines and/or policies is the Client’s responsibility.

18. Completion Schedule. Wedding photo digital proofs will be available for viewing in an

online gallery within 45 days of the wedding date. Prints generally take about two weeks from time of print order to be processed and delivered to Client. Albums can take several weeks to months to design and produce. Client should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays.

19. Travel and Overage Fees. The Client shall pay a flat fee of $250 to travel to a location

300 or more miles outside the zip code of 88310 (Alamogordo, NM).   20. Arbitration. Any controversy or claim arising out of or relating to this contract, or the

breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $XXXX. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

21. Indemnification. The Photographer shall be held harmless for any and all injury to client

during the course of the wedding and the immediately surrounding events. 22. Miscellany. This Agreement incorporates the entire understanding of the parties, and any

modifications must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of New Mexico.

23. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver

or a waiver of any subsequent breach of the same or a different provision of this Contract.   24. Attorney’s Fees. If either party to this Contract brings a legal action against the other

party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

_________________________________ _________________________________ _________________________________ Stephanie L. Schonberger Name Name Owner, S.Strine Photography Bride Groom _________________________________ _________________________________ _________________________________ Date Date Date

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general model re lease

I, [client name], authorize the Photographer to use and to create images for promotional material, distribution to potential clients, as part of the Photographer’s online portfolio, to include blogging and social media, or for other marketing purposes. I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes. I agree and understand that the photos will be taken digitally.

I, [client name], further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.

I, [client name], also hereby waive all rights and release the photographer from, and shall neither sue nor bring any proceeding against the photographer or his agents for any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy or personality or any similar matter based upon or relating to the use and exploitation of the photos.

I also consent to the use of my own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. I hereby release any and all claims whatsoever in connection with the use of my photograph and name and the reproduction thereof as aforesaid. I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied. Model Names: Shoot Date and Location:

I agree that I have read and understood the contents hereof and that I have the right and authority to execute this release.

_________________________________ _________________________________ Bride’s Signature Groom’s Signature _________________________________ _________________________________ Printed Name Printed Name ________________________________ ________________________________ Date Date