Photography Contract

      This agreement (“Agreement”) constitutes a binding contract for photography services and/or products. By signing this Agreement, the clients, Names of Bride and Groom(hereinafter referred to as “Client”) enter into an agreement with Capture The Vision, LLC, doing business as Covenant Photography and Videography (hereinafter referred to as “CPV”) for the services and/or products provided by CPV.

      Bride Information: (Name, email, phone, address)

      Groom Information: (Name, email, phone, address)

      1. DESCRIPTION OF SERVICES:  Beginning on ((contract.shoot_date)), CPV will provide photography services based on the information below at CLIENT’S wedding and reception.  

      Work Product: This agreement shall include the provision of the following photography services and deliverable work products, including:

      Work Product: This agreement shall include the provision of the following photography services and deliverable work products, including:

      • -hrs Coverage
      • Package Name
      • Online Gallery
      • All edited digital copies products will be ready to be acquired by the clients no later than 90 days after their wedding date. Failure to meet this promise will result in a 10% refund of total amount to the clients upon request. 

      Time Frame. CPV shall be on site ready to shoot for the festivities throughout the day for the hours of ░░░░░.  CPV will exercise best judgement when deciding the appropriate time to sit down and eat, and to take restroom breaks throughout the day, to minimize any missed moments for photo capture.


      Wedding and Reception Venue: ░░░░░


      Photographer(s) on duty: Andre Thomas (and another name should you want a 2 photographers)

      2. PAYMENT FOR SERVICES: The clients will pay compensation to CPV for the Services in the amount below:

      • Total Cost: $░░░░░
      • Retainer: A non-refundable retainer fee in the amount of $400.00 is due at the signing of this contract. This non-refundable fee will reserve your wedding date and CPV will agree not to book another (or other) wedding(s) on the same day for the photographer(s) listed above. This fee will be applied to the total cost of the services rendered and products provided above. 
      • Payment Schedule: Once the retainer has been paid, second and final payment of $░░░░░ of the balance is due by ░░░░░. CPV will also accept installment payments so long as the remaining balance is paid in full by the aforementioned date. If final payment is not made by this date, CPV reserves the right decline to photograph the wedding and will not refund any of the retainer fee and will not refund 50% of the remaining amount that was paid to CPV in installments. CPV will issue a refund of the other 50% no later than the day after the wedding.  Checks should be made payable to “Capture the Vision, LLC”.
      • Cancelled Payments: Should any check payment fail to clear the account against which it is drawn (for any reason, including insufficient funds), Client agrees to pay an additional fee of $50.00 whether they go through with the wedding or not.  
      • Event Meal: Client agrees to include all CPV personnel in the headcount for dinner plates at the reception.

      3. WORK PRODUCT OWNERSHIP: Any copyrightable ideas, products, or other information (collectively, the “Work Product”) developed in whole or in part by CPV in connection with the services shall be the exclusive property of CPV.  The work product can be used at CPV’s discretion for the promotion of CPV.  All raw photographs  produced by CPV is solely owned by CPV. Client does not have rights to these raw files in any form or fashion. However, the finished product, that is, the edited photographs, will be partially owned by the clients with restrictions. Those restrictions are limited to the following:

      • Using the digital copies for any means of financial gain.
      • Supplying the digital copies free of charge to a for-profit entity.
      • Supplying the digital copies to a non-profit entity without expressed written permission from one of the owners of CPV.

      Otherwise, CPV will not prohibit Client from using edited digital photographs at their discretion.

      4. CONFIDENTIALITY: CPV will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate in any manner any information that is proprietary to the clients for the personal benefit of CPV. CPV will protect such information and treat it as strictly confidential.  This provision shall continue to be effective after termination of this Agreement.

      5. EQUIPMENT & HEALTH: CPV is not responsible for any health-related issues that are triggered by CPV’s equipment.

      6. DAMAGED EQUIPMENT: Client agrees to accept financially liability for any damaged equipment as a result of event guests and/or the bridal party’s reckless, destructive, or irresponsible behavior. If any equipment is damaged or destroyed due to this, then the Client agrees to reimburse CPV for the full retail value of the equipment.  CPV reserves the right to decline outdoor photography in the event of inclement weather that may be damaging to CPV’s equipment or unsafe for CPV personnel. Client is responsible for providing an alternate nearby location in the event of inclement weather.

      7. LEWDNESS: CPV will not under any circumstances photograph lewd behavior. “Lewd behavior” shall be anything considered to be sexually explicit.

      8. DECLINE TO PHOTOGRAPH: Client is aware that CPV will not under any circumstances photograph the bride putting on her dress or photograph her putting on her garter or showing her garter to the camera to be photographed. CPV will also not photograph in a situation where bridal party is wearing see through clothes and robes that is typically worn during the “getting ready” stages of the wedding day. Client agrees to be modestly clothed underneath any robes that are worn or, at the very least, takes proper precaution to ensure that their undergarments are not revealed while CPV staff is present.

      9. FORCE MAJEURE: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party reasonably written notice of such event, that the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, flood, medical trauma, road closures, severe traffic, flight cancellations or delays, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. This limitation of liability shall also apply in the event that photographs are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the photographer. 

      An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

      CPV takes the utmost care with respect to digital manipulation, transportation, and processing the photographs captured. However, in the unlikely event that any/all of the photograph have been lost stolen, damaged, or destroyed for reasons within or beyond CPV’s control, Client agrees that CPV’s liability is limited to the return of all payments received for the event package.  In the unlikely event that a catastrophic mechanical failure should occur to CPV’s equipment, or in the event that any other cause should prevent CPV from providing Clients with the agreed upon services and/or products, CPV agrees to reimburse Clients for all amounts paid to date by Clients to CPV. However, due to the limited and subjective nature of the event, CPV cannot be held responsible for requested photographs not taken or missed, or for lack of coverage resulting from weather conditions or schedule complications caused by, but not limited to, anyone in or at the event, or by church, synagogue, or location restrictions.  

      In the event of any unanticipated CPV personnel illness or absence, CPV shall make reasonable efforts to substitute another competent professional of similar experience, quality and style. If another  photographer cannot be assigned in time for the event, CPV shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement. 

      CPV cannot be responsible for unusable photographs due to distractions from clients’ guests, eyes being closed and other circumstances beyond the photographer’s control.  It is hereby acknowledged that any shot lists submitted are suggestions for the photographer’s consideration and will be used for organizational purposes only and in no way represent photograph that will actually be produced.  Any documentation other than this contract such as, but not limited to, correspondence, e-mail, conversation notes and lists, are not contractually binding. In no event will CPV’s liability for any damages to Clients for any and all reasons exceed the total amount of fees paid to date by Clients to CPV under this Agreement. CPV shall not be responsible for any indirect, incidental, punitive, special, emotional or consequential damages whatsoever.

      10. RELATIONSHIP TO PARTIES: It is understood by the clients that CPV is an independent contractor with respect to the clients and not an employee of the clients.

      11. CANCELLATION: Cancellation made by the clients with less than two weeks (14 calendar days) notice of the agreed event date will result in forfeit of all monies already paid by the clients to CPV. CPV retains the right to withhold any pictures taken up to the cancellation date without proper payment. Final images will be released upon receiving payment in full. If the cancellation is initiated by CPV, all monies paid to CPV from the clients will be fully refunded including the retainer fee. Refund (if applicable) shall be paid out within thirty business days from the cancellation date.

      12. DISPUTE RESOLUTION: All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.  Mediation fees, if any, shall be divided equally among the parties involved.

      13. CHOICE OF LAW: The validity and interpretation of this Agreement shall be construed in accordance with the laws of the Commonwealth of Kentucky. Any court action to enforce this Agreement, or relating or arising out of this Agreement or the services provided by the aforementioned parties shall be brought in a court of competent jurisdiction in the County of Fayette, State of Kentucky. In any action, arbitration or other judicial, quasi-judicial or extra-judicial proceeding related to any dispute arising from this Agreement, each party to this Agreement shall bear their own attorney’s fees.

      14. VALIDITY OF PROVISIONS: In the event that one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality or enforceability of the remaining provisions hereof shall not be affected or impaired thereby. Each of the provisions of this Agreement is hereby declared to be separate and distinct.

      15. MODIFICATION OF AGREEMENT: This Agreement may not be modified or amended except by an instrument in writing signed by each of the parties hereto or by their respective successors or permitted assigns.

      16. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. All previous discussions, promises, representations and understandings between the parties relative to this agreement, if any, have been merged into this document.