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Jennifer G
Master September 2014

Photography contract questions.

Jennifer G, on February 8, 2012 at 5:59 AM Posted in Etiquette and Advice 0 67

My photography contact scares me a little. It doesn't seem as specific as I would like. It states the basics but it doesn't have certain things that I think it should for instance it doesn't specify anything about cancellations on my end. I asked her what if for some re son I had to cancel after I had already signed it and mailed it off. She says well if that were to happen you would loose any monies paid and essentially be responsible for the full balance of the contract. It does not state this in the contract so I e-mailed her and told her that I am only agreeing to the contract as it is written nothing more.

Next it says I will be given a CD of images. that's it not a specific amount of images or if they are high or low resolution etc, Also it says that they do not gurantee amount of images or that certain shots will be taken but that they will do their best to take all requested shots. continued...

67 Comments

Latest activity by Jennifer G, on February 8, 2012 at 11:13 PM
  • Jennifer G
    Master September 2014
    Jennifer G ·
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    I mean does that mean I could walk away with 50 shots from my wedding and have no recourse? What does your contract say? What should a standard contract say? Is this a normal contract? Am I worrying to much?

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  • Mouche
    Master October 2012
    Mouche ·
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    I had some questions on my contract also, I called her and she added them in and then we signed. I also looked up her reviews and check BBB to see her ratings before we chose her. You may want to look at her reviews.

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  • Mrs. S™
    Master October 2011
    Mrs. S™ ·
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    The number of shots is somewhat controversial. Many photographers here say they don't include the minimum because it depends on how many images they think are good enough.

    However, as a bride I wouldn't sign such a contract, exactly because it could happen you end up with 50 shots. Our contract had a minimum and it said high resolution. I think we would have lost the deposit if we had cancelled but I'm pretty sure we would not have been responsible for the balance. I think that was the case until 30 days before the wedding or so.

    You're not worrying too much, if things go wrong you only have your contract to go back to. Also, does it have a timeline of some sort?

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  • Tammy
    Devoted September 2012
    Tammy ·
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    I think, most importantly... if you do not trust your photographer then you need to consider that choice in photographer. I couldn't imagine not trusting them to deliver a reasonable number of images. These are questions you should be able to ask candidly. As for cancellations... if you cancel, the chances of them rebooking that date is slim. The date & their talent is the only product they have. It is acceptable for them to hold the client to the full value of the date, imo.

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  • Kristen
    Master September 2012
    Kristen ·
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    I'd go back and forth with your photographer until you are happy with your contract. Here are some things your contract should cover:

    What happens in case of cancellation (for either party); Number of hours your photographer will work; Length of time your photographer will keep your photos on file, and how to do they do so (back up off site in case of fire or other catastrophe?); Schedule for delivering your final photos; Number of final photos you will receive (minimum) and albums you will receive (if applicable); Total cost; Overtime fees; Any other extra fees; Cancellation and refund policy.

    Good luck!

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    I agree with @Tammy - If you're this concerned, then are you sure that's the photographer you want to trust with your wedding?

    I asked my photographer to add a few things in, but they were very minor and he was completely fine with it. Another red flag is if they refuse to add something you asked them to add...that's a very good sign that they are not entirely honest or great to work with.

    Bottom line is, there's a tradeoff associated with what you're trying to do...you can be like a super-lawyer and add every little detail...or you can take a leap of faith and trust them some. It's a tradeoff because of how they'll respond and treat you in return. If you are nickling and diming them about every last thing, then they will do the same!

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    Here's my contract...

    Wedding Terms and Conditions

    Consultation

    Jacob Dean Photography has no consultation fees. The client is encouraged to call or email Jacob Dean Photography at any time to discuss wedding plans.

    Payment Schedule

    The total balance is $3,400.00 . Jacob Dean Photography requires a retainer of $500 to reserve the wedding date. Jacob Dean Photography will not hold any wedding

    date without a retainer and signed contract. The remaining balance is due two weeks prior to Saturday, June 09, 2012 . Full payment as a retainer is acceptable.

    Detailed Coverage-

    This package has been created especially for Katie's wedding. It specifically consists of the following:

    -full day coverage (with a break) of getting ready, ceremony, post-ceremony pictures, and reception with 2 photographers, Jenny and Jacob Dean

    -disc with all edited images w/ full printing rights

    -social networking files (for FB, etc. w/ JDP logo)

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    -3 hours of SC Art Booth at reception with attendant (set-up, tear down, and assistance throughout), unlimited color or b&w prints for guests (x2 of each print), disc with all images taken, external monitor, and props table

    -engagement session on campus, stadium, and downtown with disc of all edited images and one (up to) 16x20 fine art print

    -10% off of any prints ordered before or after the wedding

    The client will provide JDP with 3 meals. The photographers and photo booth operator will only drink water, tea, and/or soft drinks at the wedding (no alcohol/beer/wine). If Jacob and/or Jenny are extremely ill or hospitalized and cannot make it to the wedding, JDP will do the following: full refund if both can't attend or an extreme discount of up to half of the package price if only one can attend. Also, JDP will contact all photographer buddies to seek additional wedding photography service in the event that Jenny and/or Jacob cannot attend due to illness/hospitalization.

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    (1) 2 photographers: 2 photographers will cover wedding and reception

    (1) coverage (wedding and reception): 3 hours prior to wedding start time until you leave the reception

    (1) online viewing and ordering: all edited images placed online, password protected, for viewing and ordering by client, friends, and family

    (1) image files: image files will be placed on disc/flash drive (with printing rights given to client)

    (1) digital files (social networking dvd): a dvd of edited images sized down for online use (Facebook, email, etc.)

    (1) session (engagement): on location engagement shoot with images on dvd and printing rights

    (1) photo booth (3 hours) w/ attendant, prints, disc, monitor, and props

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    Exclusive Photographer

    It is understood that Jacob Dean Photography is the official photographer to perform services on this contract. Under no circumstances shall other vendors be allowed to photograph the wedding. Family and friends are welcome to take any images they wish as long as they do not interfere with the creative process.

    Previews

    The client’s photos will be available online for easy viewing and purchasing within 30 days after the ceremony. Jacob Dean Photography reserves the right to edit, modify, manipulate, or crop images prior to presentation. Jacob Dean Photography will password protect all of the images. It will be the client’s job to distribute the password to friends and family.

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    Cooperation

    Jacob Dean Photography recommends that the client designate an “event guide” to point out important individuals (for informal and candid photos) to the photographer, who they wish to have photographed. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying and gathering people for photographs. Jacob Dean Photography is not responsible if key individuals fail to appear or cooperate during the photography sessions.

    House Rules

    The photographer is limited by the guidelines of the ceremony official or reception site management. (e.g. Some churches will not allow flash photography during the ceremony) The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for alteration of guidelines is the client’s responsibility.

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    Copyright

    Jacob Dean Photography grants the right to reprint any image from the original files for personal use only. Jacob Dean Photography retains the ownership and copyright to all images. The bridal couple may not sell, enter competitions, nor make commercial use of any image. Jacob Dean Photography reserves the right to use images for advertising, display, publication, or other purpose.

    Limitations of Liability

    The client’s wedding will be photographed by Jacob Dean on Saturday, June 09, 2012 . If the photographer cannot perform this contract due to fire, act of God, or other casualty beyond the control of parties, or due to photographer’s illness or emergency, then Jacob Dean Photography shall return the retainer to the client, but shall have no further liability with respect to the contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damag

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    Reservation of Time and Date

    Upon signing of contract and payment of retainer, Jacob Dean Photography shall reserve the time and date agreed upon, and will not make any other reservations for that time and date. For this reason, retainers are nonrefundable, even if the wedding is changed or the wedding cancelled for any reason. Any monies given in excess to the retainer amount shall be returned in such instances. The client is responsible for payment of any services provided prior to a cancellation. Upon a cancellation, the retainer fee does not constitute payment of services and is only used to hold the event date. The payment schedule follows:

    Aug 10, 2011: $500.00

    May 26, 2012: $2,900.00

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    Then there's a whole other section about the photobooth, but it is basically the same. 90% of that is their standard contract...I only changed a few things like I said.

    Sorry that was so long, but I thought it would help for you to compare and see if any red flags pop up on your end.

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  • Marie S. (aka Princess Leia)
    Master October 2012
    Marie S. (aka Princess Leia) ·
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    Thanks for posting that Katie - I'm pretty close to signing a contract with a photog so this was good reading. :-)

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  • Jennifer G
    Master September 2014
    Jennifer G ·
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    Well she has discounted things greatly to fit within my budget and I sent her an e-mail and she was kind of upset about it. i do trust her she has come highly recommended so i think that i'm being a little to cautious and don't want to loose her so I better leave things as they are. The only thing that i am concerned with is if for ANY reason, it does not matter what the reason is if I cancel i am locked into the full balance of the contract. That scares me but she's not willing to negotiate. She has asked me not to specify how much she is giving everything to me for because she has discounted her package greatly to accomodate my needs and stay within budget I do trust her she is a professional with a reputation to uphold so I think I'm just going to go with it. She is pleasant to work with and her work is amazing and she has given me a great price!

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  • Katie Bug
    Super June 2012
    Katie Bug ·
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    It is very common for them to charge you for the full amount if you cancel. Like other girls have said, they cannot book that weekend again most likely, and that means that you've taken one of their handful of Saturdays a year that they now lost the business on. Sometimes they will put in a clause saying if they can manage to book it again, then you'll be refunded, but I don't know how common that is.

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  • Jessie Lyn
    Super June 2012
    Jessie Lyn ·
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    Just be careful about vague contracts. I had a friend who had problems with her photog because the contract was vague and so he said we were only guaranteed 150 photos total over the course of our wedding day, not 150 edits. He also claimed that family pictures never existed and they couldn't prove they did.

    There was a lot of drama, court proceedings, etc. They eventually won that the photograph was in breach of contract; however, they received no money or photos.

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  • Mrs. S™
    Master October 2011
    Mrs. S™ ·
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    I don't think discounting the package is a reason for not putting some things into the contract if the other side requires it and they're reasonable. Our photographers added a couple of things into the contract for our peace of mind. It's not the issue of not trusting them - but things do sometimes go wrong and you've got nothing else but the contract.

    If you're OK with the decision, that's all that matters. I'm just trying to warn you because we've had quite a few posts where brides got 100 images from a 12 hour day, or had other vendor problems but couldn't do anything because things were not specified in the contract.

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  • Reina
    VIP April 2012
    Reina ·
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    I am concerned that you still have to pay her if you decide to cancel the contract. I understand the money you paid being forfeited but why would you need to pay her the full balance. Unless you canceled within 24 hours

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