Sara Lally Wedding Contract
Thank you for choosing Sara Lally Photography as your wedding day photographer! This agreement is put into place to ensure that you know what to expect from Sara Lally Photography and that we are able to deliver per your expectations. Please carefully respond to all of the information and print a copy for your own records. Your nonrefundable retainer is due at booking.
A. TERMS:
1. Agreement to Hire: By filling out the text boxes 'CLIENT Groom' and 'CLIENT Bride' with the client names (in the text boxes below) each Client identified (collectively, “Client”) and Sara Lally Photography, LLC (“ SLP”) enter into this Wedding Photography Contract (“Contract”) to protect both Client and Sara Lally Photography, LLC and to confirm the understanding and agreement of the parties. This Contract supersedes and replaces all previous understandings, agreements or contracts, written or verbal, between SLP and the Client. Any modification of this Contract will not be valid unless made in a writing signed or acknowledged by both parties. Client and SLP agree that digital or electronic signatures shall be binding on the parties and sufficient to execute, negotiate and finalize this Contract
B. GENERAL:
1.Payment: For the photography services to be provided by SLP, client agrees to pay the total sum of $2250. Client agrees to pay the photographer a non-refundable initial payment totaling 30% ($675) of the total price of the photography services upon signing this contract. Client understands payments may be made out via check to Sara Lally Photography, Venmo @saralally.photo or PayPal. (Venmo and PayPal payments will have an additional 3% charge for processing. Payments in cash will receive a 5% discount.) This payment reserves only the time of SLP. SLP agrees not to advertise availability of this time to any other potential client.The parties who sign this Contract are responsible for all terms and conditions regardless of whether a third party individual(s) agrees to make payments to SLP. Should the third party payer (such as a parent) dispute any charges and/or refuse to make any payments required by this Contract, the parties to this Contract (i.e., each Client) are legally bound to make all deposits and pay all amounts due to SLP under this Contract.
2. Client Cancellation Policy: If client cancels this wedding for any reason, the initial payment and any service fees pair prior to the cancellation are non-refundable and will not be returned to client. If paid in full, in the event of a cancellation of any reason, client will be refunded any payment attributable to services which have not been rendered. Refer to payment the breakdown of wedding payment schedule outlined in section E.1.
3. Photographer Cancellation Policy: If Sara Lally is personally unable to photograph the wedding due to a physical injury, serious impediment, or act of God, SLP is responsible for finding a qualified, licensed, and insured replacement associate to photograph as lead photographer. In such an event, no payments will be refunded. SLP may also use licensed and insured third party contractors to provide any of the services if deemed necessary, in addition to the lead photographer, described in this contract.
4. Communication: SLP must be notified of any changes in the date, time or location of the event or any other changes affecting the services to be provided under this Contract. Upon notice of any changes in the date, time or location of the event (including, without limitation, Client’s cancellation of the wedding), it shall be within SLP’s sole discretion to (A) deem the change to be a cancellation of this Contract by Client and collect payment for all services rendered and expenses incurred prior to the date of cancellation; or (B) accommodate the changed time, date or location, at the rate in effect at the time of the change. (C) If there is an agreed-upon change to the wedding date, Client shall pay a rebooking fee equal to $250 plus any other additional reinstatement or rebooking fees at the time SLP agrees to accommodate the change. If there is an agreed-upon change to the location, Client agrees to pay any additional travel and expense costs associated with the changed location in accordance with Section 15 of this Contract.
C. EVENT POLICY
1. Exclusivity: The Client has had the opportunity to critically view samples of SLP’s work, and has retained SLP to provide the exclusive photography services to cover the wedding event. SLP photographer(s) (including any third party contractors engaged by SLP to provide such services) will be the sole professional photographer(s) shooting the wedding and will have priority over any other type of photographer, whether professional or not in connection with the event and retains exclusive control over the positioning of cameras and equipment.
2. Permits: Client is responsible for determining whether any permits or licenses are required for any location or venue where photography and/or videographer services will be performed. Client is also responsible for payment of any fees and costs associated with such permits or licenses. Client agrees to obtain all necessary permits and licenses before the wedding date and before the engagement session (if applicable). The photographer(s) are limited by the guidelines of the ceremony official or reception site management. Among other restrictions, SLP and contractors are not responsible for lighting restrictions imposed at any of the ceremony, reception or other venues, whether known or unknown by Client prior to the wedding day. Client agrees to accept the technical results of their imposition on the photographer and videographer. Negotiation with the officials for alteration of guidelines is Client’s responsibility; SLP will offer technical recommendations only.
3. Venue Restrictions: Client is aware that restrictions imposed by others (e.g., church, reception hall, guests, etc.) and the constraints of the physical environment can affect the quality and extent of photography and coverage possible. SLP’s failure to perform any term or condition of this Contract as a result of conditions beyond its control such as, but not limited to, restrictions imposed by others, the lateness of the bride, groom, family members and bridal party members or other principals, schedule complications, traffic, rendering of decorations, restrictions of the venues or officiate, constraints of the physical environment, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Contract or relieve Client of its obligation to make full payment under this Contract. SLP cannot guarantee coverage of outside events during inclement weather. Client is responsible for obtaining all permissions and clearances, etc., and adequate shelter from inclement weather and extreme temperatures as required by SLP to perform this Contract. SLP shall not be held responsible for damage to Garments during environmental events or portraiture. Client is responsible to arrange personal assistance for wedding garments.
4. Nutriment Clause: Client is required to provide the photographer(s) or any additional staff working with SLP a meal. It is the responsibility of the client to coordinate with the number of meals needed for other vendors, videographers, planners, etc. SLP will sit during a lull fo the evening to consume meal. (a) If no meal is offered to the photographer(s) and/or staff, the photographer(s) and/or staff is allowed one (1) hour to leave the event for lunch and/or dinner, the timing being at their sole discretion and with no reduction in fees. The time spent by the photographer(s) for meals does not pause or extend the total consecutive hours included in Client’s package. The one hour spent for lunch and/or dinner offsite will count towards the total consecutive hours included in Client’s package. SLP is not responsible for any photography and/or coverage missed during such times.
5. Harassment Clause: SLP maintains the right to leave if Sara Lally or another SLP associate experiences any inappropriate, threatening, hostile, or offensive behavior. SLP also maintains the right to request that CLIENT ask the offender to leave the wedding.
6. Extension of Coverage: It shall remain within SLP’s sole discretion to comply with Client’s requests for an extension of photography coverage in the event that activities extend beyond the agreed-upon length of time. If SLP agrees to extend coverage, such extended coverage overtime will be billed in half hour increments at the current rate of $150.00 per half hour, until the Client departs from the activities or informs SLP to discontinue. Any coverage past midnight needs to be purchased at the overtime rate of $300.00 per half hour per photographer. (A) SLP will hire a licensed and insured associate photographer to serve as a second shooter for a minimum of three hours of coverage. Any time added will be at the discretion of SLP but will not require additional payment and will be covered in the total cost of the 7hr wedding package.
7. Travel Accommodations: (a) Client is responsible for all travel expenses incurred by SLP and any third party contractors (if applicable) in connection with the photography services. Specifically, Client shall reimburse SLP for the following expenses incurred or to be incurred by each photographer and/or each videographer: (1) tolls, (2) parking (for each parking fee incurred in connection with the wedding event and engagement session), (3) taxi and other transportation costs (such as Uber or Lyft), and (4) the long distance and overnight accommodation fees referred to below. Any travel costs payable by Client shall be paid to SLP no later than fifteen 15 days after the date of invoice.
(b) If the wedding location is beyond SLP Service Area, certain additional travel fees will be added to the amounts payable by Client under this Contract in accordance with this Section 15(b). All travel fees will be charged per shooter and Client may be subject to one or both of the travel fees described below depending on the wedding location.
(i) Client agrees to pay a long distance travel charge (the “Long Distance Fee”) if the photographer(s) needs to travel 90 miles or more round trip, beginning at 900 E Strawbridge Ave, Melbourne, FL 32901(the “City Center”). The Long Distance Fee is equal to $90.00 plus $1.00 for each additional mile in excess of 90 miles.
(ii) Client also agrees to pay a talent overnight accommodation charge (the “Accommodation Fee”) if the wedding location is 3 or more hours away from the City Center as determined by SLP using mapping technology which takes into account, without limitation, traffic patterns, ferry crossing, and road conditions, as applicable. The Accommodation Fee is applied to the costs of overnight accommodations for each shooter. If the wedding location is more than 3 hours but less than 4 hours away from the City Center, Client agrees to pay an Accommodation Fee for one night for each shooter. If the wedding location is more than 4 or more hours away from the City Center, Client agrees to pay an Accommodation Fee for two nights for each shooter covering the evening before and the evening of the wedding. Except as provided in the following sentence, the Accommodation Fee is equal to $150.00 per shooter per night and is payable at the time of signing this Contract. If the hotel room costs (including the room rate and all applicable taxes and fees charged by the hotel) exceed the amount paid by Client at the time of signing this Contract, SLP will invoice Client for the difference between the actual costs and the amount already paid by Client; this amount will be due and payable by Client within 15 days from the invoice date.
(iii) These travel charges also apply for any portrait session, any Multi Day Session or any other session a SLP or its affiliate or contractor is shooting for Client if the mileage or travel times exceed the amounts specified above. Travel fees are subject to change.
D. PHOTO PRODUCTION & DELIVERY POLICIES:
1. Purpose: Client understands that they are hiring SLP for the purposes of capturing Wedding Photography which aligns with the style and quality of SLP’s advertised images.
2. Gallery delivery: Normal delivery of Client’s proofs is 6 to 8 weeks. This delivery schedule is only approximate, and depends on various factors. SLP makes no guarantee of any delivery date and reserves the right, within its sole discretion to extend the delivery schedule, as necessary for proper completion of the event proofs, without any reduction in fees or other obligations of Client hereunder. Client can expect approximately 50 photos for every one hour of coverage.
3. Copyright: All intellectual and ownership rights to the photos are reserved by SLP and are subject to copyright laws. CLIENT shall retain personal ownership right to the physical copies, with rights to share their photos for personal use only. SLP reserve all rights in and to the digital negatives. Prior to SLP's release of professionally edited digital negatives, no person shall reproduce, publish or exhibit photographs taken in connection with this event without the written consent of SLP. Client does not have the right to use the edited digital files for profit or in any commercial, advertising, or third party publication.
4. Backup and Storage: SLP shall assume no responsibility for loss or destruction of the digital downloads provided to client when they are out of SLP’s possession. Due to the potential loss of information from SD cards, hard drives or flash drives, SLP recommends that Client back-up the images on another media format and recommends that Client make multiple copies or flash drives every year to maintain and save the images in high resolution for years to come. It is Client’s responsibility to keep several copies of any final photos and back the images up on another format such as a hard drive or cloud-based storage location.
E. FINANCIAL:
1. Payment: For the photography services to be provided by SLP, client agrees to pay the total sum of $2250. Client agrees to pay the photographer a non-refundable initial payment totaling 30% ($675) of the total price of the photography services upon signing this contract. Client understands payments may be made out via check to Sara Lally Photography, Venmo @saralally.photo or PayPal. (Venmo and PayPal payments will have an additional 3% charge for processing. Payments in cash will receive a 5% discount.) This payment reserves only the time of SLP. SLP agrees not to advertise availability of this time to any other potential client.The parties who sign this Contract are responsible for all terms and conditions regardless of whether a third party individual(s) agrees to make payments to SLP. Should the third party payer (such as a parent) dispute any charges and/or refuse to make any payments required by this Contract, the parties to this Contract (i.e., each Client) are legally bound to make all deposits and pay all amounts due to SLP under this Contract.
2. Quarterly Service Fees: Fifty percent of your remaining wedding package balance after initial deposit will be separated into four payments (totally 25% of the entire payment) which will be invoiced by SLP. The payments are non-refundable after thirty days succeeding payment. The services include, but are not limited to, creating wedding day photography timeline, meeting with necessary vendors, ongoing communication regarding wedding day, any gear/upgrades/adjustments necessary to perform wedding day duties, etc. Upon signing of contract SLP will send quarterly schedule.
3. Final Payment: The final 25% of your wedding package is due 2 weeks before your wedding date. This payment covers services rendered during the weeks leading up to the wedding date, wedding day coverage, photo editing services following the wedding. If client does not pay for the full price of the wedding package by the 2 weeks prior to the wedding date, SLP will first work with Client create a flexible payment plan, but client understands that they will only receive images after SLP has been paid in full. For example If SLP has photographed client’s wedding without final payment received, SLP has the right to withhold photos until full payment is rendered for the fees agreed in this contract.
F. AGREEMENT AND DISCLOSURE
1. Agreement: This Agreement incorporates the entire understanding of CLIENT to all its terms. Any modifications of this Agreement must be in writing in the form of an Addendum and signed by all parties. Handwritten or email modifications to this agreement shall be void. CLIENT signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the State of Florida shall govern this Agreement.
2. Mediation and Arbitration: If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions between the parties, the parties agree to endeavor first to settle the dispute by mediation administered by a Mediator of SLP ’s choosing. Such Mediator shall be certified by the Florida Bar. If mediation is unsuccessful, then the parties shall undergo arbitration, conducted by an arbitrator of SLP ’s choosing. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by an arbitrator of SLP ’s choosing and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless otherwise required by law, the costs of mediation and/or arbitration shall be borne by CLIENT.
3. Offer Validity: This contract constitutes an offer of services to CLIENT and is only valid for 10 days after it is sent. SLP cannot guarantee your date to be available until this contract has been signed and the First installment under Paragraph E-1 has been made. We thank you for your business. Please call Sara Lally at 321-652-4932 if you have questions.