Concerned about photography contract

It just sounds to me like she is saying to not bad mouth her on social media before you bring a problem to her. Her contract has a clause stating that if you have an issue she would prefer you bring it to her before leaving a negative review without giving her a chance to resolve the issue. I don't see an issue with that, and honestly its smart of her. A lot of people jump the gun in leaving overly critical or negative reviews without ever speaking to the business directly to see if the issue can be solved.

ETA: I'm not sure what the issue is with this? Are you anticipating needing to leave a bad review? Do you not have faith in her or her abilities? I would personally be more concerned about these reservations, as that seems like more of an issue than the clause in the contract.

I agree with Munchkin9218... I think the photographer wants to make things right prior to you leaving a negative review. Did you do pictures with her before? How is her work?

Which company is this for? I saw this with a photography company that was near me and when I searched them on Yelp someone was saying they were being sued for posting a negative review.

View Quoted Comment I agree. It sounds like she just wants to protect herself from negative reviews about situations which were not communicated. I wouldn't dwell on it. Expect that everything will go well and don't worry.

I think they say that because one lady sued her photographer for her money back, left a nasty review on social media that made the photographer go out of business, etc. the couple suing actually lost because of it so I think she’s trying to avoid that whole mess of a situation. I would just talk to her if you feel that her work was subpar

Thank you for your advice, I wanted to make sure that I was reading it correctly while I have always given my honest reviews and really never a bad one, With this clause I want to make sure that her reviews are legit and that if I had to write a bad review, that I wouldn't be sued my photographer is my number one vendor because these pictures are what's most important to me and the only thing I will have too look back on, also there is a part in the contract where it says the ceremony has to be unplugged what does that mean? thanks all for the advice

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Courtney Jewel photography

I wouldn't be too concerned about it. It doesn't sound like she is banning you from leaving negative feedback, but requesting you come to her first with your issues instead of resorting to bad reviews on social media.

If you're comfortable with her and her work, this should be water under the bridge. If you aren't anticipating needing to leave a bad review, let it be. If you are, find a new photographer.

I’m going to be the odd man out here and say that I would never sign a contract that said I won't leave a bad review. I would go to the photographer first, but it sounds like refunds wouldn’t be a thing with this photographer so what exactly is she going to do to satisfy you if she screws up? Honestly if this clause was in the contract of any of our vendors it would have made me concerned that this is why they had a “stellar reputation” and all good reviews.

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An unplugged ceremony means guests should not have their phones out taking pictures because it can get in the way of the photographer doing their job.

The problem is if she doesn't do her job right and doesn't resolve any issues, she is protected from having any negative reviews at all. I feel this is impeding freedom of speech. The poster is worried about what if. There are instances where photographers had wonderful reviews and put on a great face but did not deliver their services. I would be a bit concerned about that part of the contract. Maybe you should see if you know anyone who is familiar with contract writing and can determine if this is impeding freedom of speech. I'm sorry but protecting your reputation while telling people what they cant say is wrong. I know there are a bunch of people who do not try to resolve things first, but it's part of business.

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But the clause doesn't state that. It only states that a negative review not be left BEFORE you give her a chance to satisfy you as a customer. It's what all vendors WANT but rarely feel they have a right to ask for. I don't see an issue with it. No vendor wants to find out you were upset about something that they had no idea about until after your negative review is already out there. It's simply communicating that you should come to her directly with an issue before posting about it online. It's encouraging communication is all IMO.

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That's exactly what I am concerned about

View Quoted Comment It actually doesn’t say BEFORE anywhere in that clause, nor does it say that you should speak to the photographer FIRST. It says don’t post a negative review and talk to the photographer. You can interpret it that way, but that’s not what the language actually says.

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That's where I am concerned with too, I know it's protecting her and while I am not a person who writes bad reviews, my dad is a business owner, so I always give my honest opinion but not a bad review since I know that some businesses rely on those reviews, I just want to make sure that the reviews on wedding wire, yelp, google are authentic and real, I am going to be giving this contract to my future fil who is an attorney to go over first thank you again for the advice

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No but contextually it does say to go to her BEFORE posting. Context is just as important as the literal. Nowhere does it say to not leave honest reviews either. I don't see an issue with this, and I think jumping the gun on "well this vendor wants to protect their business and thats BAD" is overly negative. If any of my vendors encouraged communication to resolved issues I would be appreciative that they are aware things go wrong and be obviously open to working with clients to resolve issues.

If she has a stellar reputation, she shouldn’t be worried about bad reviews. However, it looks like she’s just asking to try and resolve any possible issues before a bad review is left. I don’t think she can legally restrict your freedom of speech.

What I found strange is the last sentence. It seems out of context in that paragraph. Does she mean no refunds will be given if you give a bad review or just in general? Also, why is she only addressing the “bride” in her contract and what does she mean by “won’t be reimbursed for any wedding related expenses.” What wedding related expenses would the bride be laying out other than the fee? This would need clarification for me.

View Quoted Comment It does not state only if contacted before. The wording has it so it is extremely difficult to post a negative review without getting sued.

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Here is the whole contract , I never saw some of these clauses before and I tend too make sure I read everything and ask questions thank you ladies again

Terms

Services

Photographer shall provide Client with the following services and/or products ("Services"):

Wedding Package One6 Hours of coverage
Engagement Session
Onine Gallery
Print release form

Cost, Fees and Payment

Cost. The total cost ("Total Cost") for all Services is due in full by . Client shall pay the Total Cost to Vendor as follows:

10% of the total due on Aug 03, 2019, in the amount of $180.00

90% of the total due on Jun 18, 2020, in the amount of $1620.00

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

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

Retained PHOTOGRAPHER

The clients (hereafter Clients) hereby agrees that Courtney Jewell Photography (hereafter collectively and individually called PHOTOGRAPHER) will photograph said wedding date and shall be the exclusive stills/print photographer retained to provide the photography at the above described event. It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract, with the exception of a Photo Booth photographer or Videographer(s). Any such breach of contract will release PHOTOGRAPHER from any further responsibility under this Agreement, and any monies paid by Clients will be retained by PHOTOGRAPHER as liquidated damages. Notwithstanding, capturing, selling, and/or reproduction of still/print photography from the aforementioned event by any vendors on behalf of Clients is strictly forbidden and shall be deemed a breach of this contract. It is agreed that any such breach of contract will release PHOTOGRAPHER from further responsibility under this Agreement, and monies paid by Clients will be retained by PHOTOGRAPHER as liquidated damages.

Emergencies

Serious injuries or death of any of the signing parties to this agreement or an immediate family member will cause this agreement to be void, with documentation from physician, funeral director, etc. In the event of photographer's sudden illness preventing appearance or performing contract, client has the option of allowing PHOTOGRAPHER to transfer this contract to another photographer or allow client to contract with another photographer. All fees except retainer will be returned.

Retainer

A retainer fee is required to hold the date of your event. No date is reserved until a retainer is received. The balance of the complete package price must be paid at the date specified herein (2 weeks before your event). If final payment is not received as set forth herein, PHOTOGRAPHER reserves the right to withhold delivery of the images and/or not attend the wedding until payment is received. The retainer fee shall be 30% of total contracted cost, due upon signing of this contract.

Cancellation

There shall be NO refund of retainer after 48 hours from the signing of agreement due to the reservation of the photography date. If the event is cancelled within three months (90 days) of the date, the client shall pay the remaining balance of the contract due to the high probability that PHOTOGRAPHER will not be able to further book that date. Once a balance is paid, it is NONREFUNDABLE.

Any other arrangements shall be discussed between the client and PHOTOGRAPHER. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform PHOTOGRAPHER of the cancellation.

Payments

Payments plans are available if needed. Should a payment plan be instituted, payments will be split and agreed upon by PHOTOGRAPHER and client. Payments are due at dates specified by PHOTOGRAPHER. Once payment is made, it is NON REFUNDABLE.

In the event that the wedding is rescheduled for any reason, all monies paid to date may be transferred to the new date if PHOTOGRAPHER is available.

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 PHOTOGRAPHER in the event that enforcement of this contract becomes necessary. This fee is non-negotiable. All legal action shall take place in Colorado.

Method of Delivery

Images will be delivered via online gallery for ordering.

A USB drive will be mailed to clients listed address between 4 - 8 weeks of event. All photos will be high resolution. This USB will include a print release.

NO UNEDITED FILES WILL BE DELIVERED. EVER. For any reason.

SATISFACTION WITH PRESENTED IMAGES

Should the couple decide that they are dissatisfied with the overall quality of the photographer’s work, the photographer (PHOTOGRAPHER Photography) cannot be held legally responsible. That is, no civil or criminal legal action (i.e. Claims of negligence) may be made to recoup payments made to PHOTOGRAPHER Photography.

Further, PHOTOGRAPHER may not be held liable should a party object to the subject of a photo. No legal action may be taken for capturing a particular image digitally.

Change of date or venue

PHOTOGRAPHER must be notified immediately of any changes in schedule or location, at least two weeks prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least 14 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify PHOTOGRAPHER as soon as possible.

Failure to perform

Due to the limited and subjective nature of the event PHOTOGRAPHER cannot 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 the church or location restrictions.

The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles.

The PHOTOGRAPHER is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location.

It is acknowledged that any lists submitted to PHOTOGRAPHER will be used for organizational purposes only and in no way represents photography that will actually be produced. PHOTOGRAPHER will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.

Unforeseen circumstances clause

If PHOTOGRAPHER or its assistants, 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 photographer's illness, then PHOTOGRAPHER 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 PHOTOGRAPHER.

Copyright vs Print release

PHOTOGRAPHER agrees to grant image print rights to the wedding couple with a non-exclusive, limited, perpetual license.

This license allows the wedding couple to do the following with the images:

i) Display the images;

ii) print the images from the photo CD;

iii) copy the electronic files;

iv) publish the purchased digital images on personal websites or social media websites.

THIS LICENSE WILL PROHIBIT COUPLES FROM THE FOLLOWING:

REFERENCING OR CREDITING WITHOUT PERMISSION WRITTEN OR ORALLY, THAT PHOTOGRAPHER PHOTOGRAPHY PRODUCED THE IMAGE/S.

APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER.

EXCLUSIVE PHOTOGRAPHER

PHOTOGRAPHER shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. If another vendor does interfere with photographer’s setup, duties or responsibilities, it is not the responsibility of the photographer.

Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to insure proper exposure of images.

I will also ask that if you have guests that are photographers...and this does happen...they they not interfere with me doing my job. They are guests...and I will ask that they act as such. Let me do the work.

****An incredible option that will take a lot of pressure off of guests and the photographer is to have an "unplugged" wedding. This means that guests agree to turn off cell phones, cameras, video cameras, etc. and allow the photographer to have exclusive access to photographs of the wedding. This eliminates the possibility that someone will step in front of the photographer to get a shot or use a flash that detracts from the photographer’s set up. And your guests can simply ENJOY the experience, rather than worry about taking pictures.

EVENT FOOD SERVICE

The client agrees to provide a meal for PHOTOGRAPHER and those employed by photographer. The photographer and her assistant will be given a 20 minute break to be allowed to eat. PHOTOGRAPHER will try their best to make sure no photo opportunity is scheduled during this break. PHOTOGRAPHER and assistant will eat in the reception area, out of direct view of wedding guests if requested by couple. Bride and groom may specify where photographer and assistant eat.

HARASSMENT

It is the responsibility of the bride and groom to assure that vendors can carry out their jobs free from harassment from guests and other vendors. If the photographer is being harassed by an attending party, the photographer will attempt to handle the situation before asking for assistance from the couple. If a resolution cannot be reached, even with the assistance of the bride and groom, the photographer reserves the right to terminate the contract for the rest of the event. No moneys will be refunded nor will the photographer be responsible for any missed photo opportunities.

Verbal and physical abuse from the bride and groom will not be tolerated. PHOTOGRAPHER reserves the right to terminate the contract immediately if incidence occurs.

NEGATIVE FEEDBACK

PHOTOGRAPHER has a stellar reputation. If for some reason you are unsatisfied with your service, PLEASE do not resort to bad reviews on websites, blogs, Facebook, etc. Please make sure the photographer is aware of your opinions, and I will do my very best to make sure that the end result is your satisfaction. No refunds will be given, nor will bride be reimbursed for any wedding expenses.

GARMENTS

PHOTOGRAPHER cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments.

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.

SUBSTITUTION

In the event of illness or sudden event out of the control of both parties, photographer will attempt to substitute a photographer at no cost to client. This contract will be transferable to said photographer.

MAINTENANCE OF ONLINE GALLERY AND DELIVERY TIMELINE

PHOTOGRAPHER agrees to deliver online gallery within 4 - 6 weeks of wedding date. The gallery will be available online for 6 months after delivery date. Link to online gallery may be shared at photographer’s and couples’ discretion. Online galleries may be password protected upon request of couple. Default settings of online gallery will not be password protected.

Photo Use

Permission is hereby given to PHOTOGRAPHER to use reproduction of pictures for general marketing purposes in accordance with reasonable commercial practice including, but not limited to, within PHOTOGRAPHERs place of business, on the Internet, and for personal meetings with prospective clients. Clients hereby agree that all negatives, digital files and any and all pictures derived therefrom at the described event are the property of PHOTOGRAPHER. Clients may not sell their images or authorize any third party use of any image without written consent of the PHOTOGRAPHER.

Permission is hereby granted to Courtney Jewell Photography to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of Colorado shall govern this agreement.

Agreement

This contract is the ENTIRE agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections or modifications to this contract must be in writing and signed by the Clients and PHOTOGRAPHER. Oral modifications are not enforceable at any time. This Agreement shall be governed under the laws of the State of Colorado.

I am not saying it is bad for the business to protect itself. The issue is you cannot infringe on an amendment to protect your business. With contracts everything has to be literal or else it gets messy in court and difficult to hold up