Entire Agreement: This agreement contains the entire understanding between Silver Pebble Photography and the Clients named above (hereto referred to as Client). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of the agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Terms: At conclusion of the wedding the photographer will retain the images for processing. Final images will be available on a USB approximately four to 6 weeks from the wedding date unless otherwise noted in writing. Silver Pebble Photography reserves the right to extend this processing time. Client agrees to allow room for processing flexible processing times not to exceed a maximum of 12 weeks. At a later pre-arranged date payment will be rendered for any extra prints, products, or enlargements purchased. Album creation, product, or print orders and other items produced under the assignment may take longer to create due to outside firms processing times. The Client will pay for any special shipping costs and products purchased after the conclusion of the wedding. The responsibility of digital image storage falls on the Client.
Retainer Fee: A retainer fee is required upon receipt of contract. To reserve the wedding date, Client shall pay to Silver Pebble Photography, upon execution of this Agreement, a non-refundable reservation fee in the amount of $275.00. Client understands and agrees that Silver Pebble Photography will not book other sessions during this time. In the event that the Client cancels the wedding or fails to attend the wedding on the wedding date, for any reason, Silver Pebble Photography shall suffer losses that are difficult to ascertain. As such, Client agrees that, in the event of cancellation by Client, such $275.00 shall be forfeited by Client and paid to Silver Pebble Photography as liquidated damages and not as a penalty. Client and Silver Pebble Photography agree that such amount is reasonable. In the event of Client cancellation, the retainer fee paid is non-refundable. It shall be liquidated damages to Silver Pebble Photography in the event of a breach of contract by the Client. The Client shall also be responsible for payment to Silver Pebble Photography for any special materials charges incurred up to time of cancellation.
Photo Delivery and Storage: Photos will be released to client after processing. Processing can take up to 12 weeks weeks. Photos will be delivered via an online gallery and USB drive. It is the responsibility of the client to download the photos. It is the responsibility of the client to ensure they have working computer access and the appropriate software to download the photos. Silver Pebble Photography is responsible for providing storage of the images for 6 months only. After 6 months images may be deleted or removed from the system. Client agrees to release Silver Pebble Photography from liability of photo storage after 6 months. If the Client fails to download and retain the images and requires an additional USB drive a surcharge of $250 will be required to receive digital image files provided on an additional USB drive.
Reservation: A signed contract and retainer fee is required to reserve the specified coverage. Silver Pebble Photography does not guarantee the holding of any date without a deposit and signed contract. Once a deposit and contract are received from the Client, your date is held unless otherwise specified in writing.
Pre-Event Consultation: The parties agree to a pre-event consultation (via email or phone if necessary) at least two to three weeks before the event date in order to finalize the actual shooting times, locations, and Client’s request list (in writing) for specific photographs. The Client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The photographer and assistant photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photograph(s). The bride and or groom agree to set aside at least 1/2 hour of time after the ceremony for photographs that cannot be obtained during the wedding. If the bride’s or groom’s late arrival prevents this from occurring the photographer shall not be held liable for failure to take desired photographs.
Cooperation: The parties agree to communication and cooperation for the best possible result within the definition of this assignment. Silver Pebble Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or the wedding or for missed images to do details not revealed to Silver Pebble Photography in writing. Silver Pebble Photography recommends that the Client designate an “event guide” to point out important individuals for informal or candid photographs to the photographer (see above) during the wedding that they wish to have photographed.
Shooting Time/Additions: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. Client and Silver Pebble Photography agree that cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. Failure to cooperate or be punctual and on time to a photography session may result in a failure to take the desired photographs. Client agrees that Silver Pebble Photography is not responsible if Client fails to appear punctual or cooperate during the photography session and this results in the failure to produce desired photographs.
House Rules: The photographer is limited by the guidelines of ceremony officials or venue site management. Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is Client’s responsibility; Silver Pebble Photography will offer technical recommendations only.
Film and Copyrights: The photographs produced by Silver Pebble Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Silver Pebble Photography explicit written permission. The high resolution digital files are provided to the Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. The Client may use the high resolution digital files (images) to share them on social networking websites of their choice. The high resolution negatives will be given to the client in a digital format. Should the Client edit or change the digital files in any way to their liking and share on the internet their altered results; Silver Pebble Photography can be cited as the source for the original image and the Client must cite that the changes they made to the original photograph are their own and not that of Silver Pebble Photography. The Client must also obtain written permission from and compensate Silver Pebble Photography prior to the use of such photos in contests or other activity that create a profit for the Client. The Client agrees that the images of Silver Pebble Photography cannot be sold for profit. The Client will be held responsible to the full extent of the law if the Client or their friends and relatives sell the images of Silver Pebble Photography for profit or violate Federal Copyright Law through the misuse of the images. Silver Pebble Photography does not provide “RAW” or unprocessed images to the Client. All final images provided in the digital download for the client will be chosen and processed by Silver Pebble Photography before being provided to Client. The Client agrees that Silver Pebble Photography reserves the right to refuse the Client access for any reason to any “RAW,” unprocessed, or files that were not included in the final set of images provided to the Client in their digital download.
Exhibition: Client grants Silver Pebble Photography permission to display any images resulting from this assignment as an example of Silver Pebble Photography’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images. Any request from the Client for specific images to not be used for exhibition must be a written request and signed by both the Client and Silver Pebble Photography.
Adult Model Release: In consideration of Client’s engagement as a model, upon the terms herewith stated, Client hereby gives to Silver Pebble Photography, her heirs, legal representatives, and assigns, those for whom Silver Pebble Photography is acting, and those acting with her authority and permission:
A. The unrestricted right and permission to copyright and use, re-use, publish, and re-publish photographic portraits or pictures of Client or in which Client may be included intact, or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with Client’s own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known as illustration, art promotion, advertising, trade, or any purpose whatsoever.
B. Client also permits the use of any printed material in connection therewith.
C. Client hereby relinquishes any right that he/she may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
D. Client hereby releases, discharges and agrees to hold harmless Silver Pebble Photography, her heirs, legal representatives or assigns, and all persons functioning under her permission or authority, or those for whom she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
E. Client hereby affirms that he/she is over the age of majority and has the right to contract in his/her own name. Client has read the above authorization, release, and agreement, prior to its execution; Client fully understands the contents thereof. This agreement shall be binding upon Client, and Client’s heirs, legal representatives, and assigns
F. A $1,000 Non-Usage Fee will be added if client wishes to keep images private. Due to loss of marketing opportunities.
Client(s) Signature(s) for Model Release Authorization:
Minor Model Release: For valuable consideration, Client hereby confers on Silver Pebble Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of my minor child in which he/she may be included with others:
A. To copyright the same in Silver Pebble Photography’s name or any other name that she may select;
B. To use, re-use, or publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising, trade, and;
C. To use Client’s name or Client’s child’s name in connection therewith if she so decides.
Client hereby releases and discharges Silver Pebble Photography from all and any claims and demands ensuing from or in connection with the use of photographs, including any and all claims for libel and invasion of privacy.
This authorization and release shall inure to the benefit of the legal representatives, licensees, and assigns of Silver Pebble Photography as well as the person(s) for whom she took the photographs.
Client has read the foregoing and fully understands the contents hereof. Client represents that he/she is the parent or guardian of the below named model. For value received, Client hereby consents to the foregoing on his/her behalf.
If no Minors are involved in this portrait session please write NA in the name fields.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill prior to the event to photograph, Silver Pebble Photography will make every effort to secure a replacement photographer. If the wedding package includes the cost of two photographer coverage then if one photographer can still attend, Client agrees Silver Pebble Photography will not be liable for the loss of one photographer. If the situation should occur that the photographer(s) cannot attend or/and a suitable replacement is not found, Client agrees responsibility and liability is limited to the return of all payments received for the event package. Silver Pebble Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Silver Pebble Photography’s control, Silver Pebble Photography’s liability is limited to the return of all payments received for the event package excluding the non-refundable deposit. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Should originals be lost in entirety Silver Pebble Photography will offer a free portrait session for the bride and groom privately after the event. Client agrees to not hold Silver Pebble Photography and his/her associates financially or legally liable in any way for any financial amount exceeding the amount paid for the wedding photography service. Silver Pebble Photography shall not be liable for any delays or defaults in the performance of any obligations hereunder if such delay or default is due to weather, fires, floods, traffic, or any other cause beyond the control or without fault of Silver Pebble Photography.
Right to Refuse Service: Silver Pebble Photography reserves the right to withhold or cancel services provided to Client at any time or for any reason; If Silver Pebble Photography chooses to refuse service based on any reason the security deposit/reservation fee and any other payments shall be considered liquidated damages and will not be refundable.
Completion Schedule: Photo processing and editing takes approximately 4 to 6 weeks after event date and no more than 12 weeks. Prints, Albums, or other products are subject to the schedule of Silver Pebble Photography’s outside labs and other vendors. Silver Pebble Photography will do their best to complete product orders as quickly as possible.
Photo Processing: Client agrees that all photo processing and editing decisions are at the discretion of Silver Pebble Photography only. Silver Pebble Photography provides photo processing to the Client that includes basic editing such as color correction, exposure correction, and blemish removal. The digital photo files provided to the client include basic editing, but are still at the discretion of artistic choices by Silver Pebble Photography. Should the Client want further processing done to any one or all of the images the Client agrees to pay an additional fee of $50 per image for special request processing. Special requests shall be considered any request for editing or processing outside of what Silver Pebble Photography provides in the provided gallery given to the Client. Special editing requests must be given in written form and Client agrees that Silver Pebble Photography has the right to refuse special editing request service at any time.
Client may not hold the photographer liable for the quality of any images that the client prints from sources other than those that Silver Pebble Photography is partnered with.
Silver Pebble Photography will do its very best to assure the best quality images possible, however client may not hold the photographer responsible for the sharpness of images of large groups of subjects.
Meals: For weddings lasting 4 or more hours the client is responsible for providing both photographers with a hot meal. Photographers will be allowed a 30-45 minute rest period while guests are seated to eat.
Payments: Client agrees to timely payment. No photos will be given to client unless full payment has been made. If full payment has not been made after the wedding, client will not be given photos in any format. Client agrees to forfeit their deposit/reservation fee should they not pay in full after the event. If full payment has not been made to Silver Pebble Photography following the event, client agrees that Silver Pebble Photography can still use the photographs for promotional purposes according to the following sections of the contract agreement: Model Release, Film and Copyrights, and Exhibition.
Full payment is due to Silver Pebble Photography two weeks prior to the date of the portrait session/wedding. All payments before and after the photo session, including those made on your behalf by another party, are final and nonrefundable. Silver Pebble Photography is a business based on artistic creation. All deposits, payments, and purchases of products are final nonrefundable once payment has been made.
Exclusivity: Client agrees that Silver Pebble Photography will be the exclusive photographer hired by the Client. (or hired by any other person on Client’s behalf) for the purpose of photographing the Wedding. Clients agree that no other photographer shall be retained for such purposes during the time that Silver Pebble Photography is contracted to photograph the event. Guests may take photographs or images and share them with the Client. Guests that are compensated in any form (monetary or other material or non-material compensation) are specifically excluded and not permitted to take images or photographs or print images, or transmit electronically images or photographs in any format to Clients. Clients, if they so choose, may retain the services of a videographer, solely for the purpose of videotaping the wedding. Should Clients retain services or compensate anyone to take images or receive photographs or images, Silver Pebble Photography has the right to terminate this contract, deem all goods and services as if delivered, with this contract being considered completely fulfilled to Clients with no refund or other compensation due to Clients.
Severability: If any provision of this contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court find that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would be come valid and enforceable, then such provision will be deemed to be written construed and enforced as so limited.
Amendment: This contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the agreement.
Collection Costs: Should Silver Pebble Photography have to incur the cost of legal services or other fees to collect final payment for services provided, the Client agrees that all attorney fees, legal fees, and collection costs will be covered by the Client.
Governing Law: This contract shall be construed in accordance with the laws of the State of Virginia.
Notice: Any notice or communication required or permitted under this contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address given below or to such other address as one party may have furnished to the other in writing.
800 Summit Drive
Blacksburg, VA 24060
Default: The occurrence of any of the following shall constitute a material default under this contract:
a. The failure to make a required payment when due.
b. The failure to make available or deliver the services in the time and manner provided for in this contract.
Privacy: This contract is private information and may not be shared outside of the parties signing it, Silver Pebble Photography and the Client. The information in this contract provided to Silver Pebble Photography by the Client will always be kept private and will not be shared, sold, or distributed to anyone without explicit written permission from the Client.
This contract serves as an agreement directly between Silver Pebble Photography and the Client. It cannot be enforced by anyone outside of a legal representative. This contract cannot be signed by anyone other than those who are being photographed, i.e. the Client. Another party cannot sign on the Client’s behalf. Should the Client contact Silver Pebble Photography to book a session, but allow another party to sign the contract in their place, this contract will be considered entirely void and any fees exchanged non-refundable by Silver Pebble Photography. Another party may provide payment for the photographic services provided by Silver Pebble Photography on behalf of the Client, but the paying party will not be given control, input, or legal right to enforce this contract in a court of law.
Revised January 3, 2018 by Amy Gray of Silver Pebble Photography
800 Summit Dr. Blacksburg, VA 24060