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As a followup to our Wedding Photography Agreement post one of our readers, David, has emailed us this sample Wedding Photography Agreement that he feels some readers will find useful. David writes:
“Please let your readers understand that it should be modified (dates, parties, locations etc) to fit their needs, They should also add in any use or modeling release clauses they want included.This should be useful in any US state and possibly other common law countries. This contract is not copyrighted and is not posted anywhere else.”
Wedding Photography Agreement
J Smith Photography Inc. & Jane Jones/John Brown
This agreement is between J Smith Photography Inc. of 136 E. Main Street, Suite 10B, NY, NY 10022 (Photographer) and Jane Jones of 123 4th Avenue, 17th Floor, NY, NY and John Brown of 10 South St NY, NY 10028 (collectively the “Bride & Groom”) for the purposes of providing photography services between 11am and 12pm on September 21, 2008 at the Park Ave Church located at 11 West St City, NY 10022 and between 1pm and 6pm on September 21, 2008 at the Long Island Country Club reception room B located at 212 South St. Anytown, NY 10066.
1. Scope of Work:
Photographer shall provide photography services for Bride and Groom consisting of:
(add shot list or description of services, number of pictures, packages provided etc) Details!!!!
Photographer shall provide photography services describe above for the flat fee of $19.95 (Nineteen dollars and Ninety Nine Cents). Bride & Groom agree to pay to Photographer the partial payment of $10 (Ten dollars) no later than 60 (sixty) days prior to wedding date. Bride & Groom agree to pay remaining balance of $9.95 (Nine dollars Ninety Five cents) and any additional expenses as described in clause 3 below, no later than 7 (seven) days after wedding date. In the event that wedding is cancelled by Bride & Groom for any reason, Bride & Groom agree to forego return of the $10 partial payment.
(Note if all fees are due in advance then say so. Amount, date due, return policy, cancellation fee etc)
3. Additional Expenses:
Bride and Groom shall pay all food, beverage, and lodging costs for Photographer with a cap of $200 (Two Hundred Dollars). Bride and Groom shall pay for car service for photographer on day of wedding not to exceed $50 (Fifty dollars).
Bride and Groom shall indemnify and hold harmless Photographer from any loss, damage or liability resulting from Bride and Groom’s violation of the terms of this Agreement or any agreement involving Bride and Groom and the Photographer. Bride and Groom shall indemnify Photographer and hold him harmless from and against any claim by any other person or entity resulting from the performance of his services under this agreement.
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of New York. The arbitration shall be binding on the parties and the arbitration award may be confirmed by any court of competent jurisdiction.
6. Assignability and Parties of Interest:
Except as otherwise provided herein, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
7. Independent Contractors:
In providing services pursuant to this Agreement, the Parties shall be independent contractors, and no party to this Agreement shall make any representations or statements indicating or suggesting that any joint venture, partnership, or other such relationship exists between any of the parties except as set forth herein.
8. Entire Agreement:
This Agreement constitutes a single integrated contract expressing the entire agreement of Bride and Groom and Photographer with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
9. Amendment and Waiver:
This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party. Except as expressly provided in this Agreement, no course of dealing between the parties hereto and no delay in exercising any right, power or remedy conferred hereby or now or hereafter existing at law, in equity, by statute or otherwise, shall operate as a waiver of, or otherwise prejudice, any such rights, power or remedy.
10. New York Law and Location:
This Agreement was negotiated, executed and delivered within the State of New York, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the internal laws (and not the conflict of laws) of the State of New York applicable to the construction and enforcement of contracts between parties residing in New York which are entered into and fully performed in New York. Any action or proceeding arising out of, relating to or concerning this Agreement, including, without limitation, any claim of breach of contract, shall be filed in the state courts of (New York?) County, New York, or in a United States District Court in the Southern District of New York and in no other location. The parties hereby waive the right to object to such location on the basis of venue.
This Agreement may be executed in counterparts. The execution of a signature page of this Agreement shall constitute the execution of the Agreement, and the Agreement shall be binding on each party upon the date of signature, if each party executes such counterpart.
If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
13. Clause Headings:
The clause headings in the Agreement are for reference only and do not form a part of this Agreement.
J Smith Photography Jane Jones and John Brown
By: ________________________ By:______________________
Date: _______________________ Date:____________________
Name: Name: _______________________ ____________________
Title: Title: _______________________ ___Owner________________