Pricing & Contract Information
WEDDING PHOTOGRAPHY CONTRACT
Tony Lumb - Wedding Photography Contractwww.tonylumbweddingphotography.com
Dated:
The Photographer: Tony Lumb
The Client:
Net Lawman Ltd
www.NetLawman.co.uk COM315 - Wedding photographer contract
Contents
Date
Parties
1 The Assignment
2 Ordering, payment and title
3 Photographer’s obligations
4 Photographer’s status
5 Cancellation of agreement
6 Insurance
7 Intellectual property
8 Force majeure
9 Successors to the agreement
10 Waiver
11 Notices
12 Dispute resolution
13 Jurisdiction
This agreement is dated:
It is made between Tony Lumb of
9 Sames Court
Cottenham
Cambridge
CB24 8QN
07970 865 937
[client’s name] of
[address] (“the Client”).
The purpose of this contract is to record the terms agreed for a photographic assignment (the “Assignment”), details of
The terms of this Agreement are
1 The Assignment
The terms of the Assignment are:
1.1 Event: the wedding of [her name] and [his name].
1.2 Media: coloured photographs.
1.3 Location: [name or church or registry office]
1.4 Date: [date]
1.5 Times of attendance: between [time] and [time]
1.6 Preliminary planning attendance details: [details of any meeting required to discuss shots or programme]
1.7 Price for the Assignment: £750 inc. VAT. This price includes 20 10x8” final prints. See price list for additional reprint costs.
1.8 Booking fee of £150 payable on day of booking.
1.9 Deposit of £350 payable 14 days before the date of the Assignment. Outstanding balance to paid on collection of photographs.
.
1.10 The client agrees that payment of the initial booking fee confirms the booking with TLP (Tony Lumb Photography) as per details on this order.
1.11 The client agrees to advise TLP immediately, in writing, of any alterations in the details listed on the booking form including postponement or cancellation of the Wedding.
1.12 Last date for cancellation without penalty: One month
before wedding date.
1.13 Damages for cancellation by the TLP shall be £1,000.
1.14 Damages for cancellation by the Client shall be half the
contract price.
1.15 The client commissions TLP as the sole photographer to perform professional photographic services as detailed.
2 Ordering, payment and title
2.1 The deposit shall be paid within fourteen days before the date of the Assignment.
2.2 Within fourteen days after the date of the Assignment, TLP shall send proof prints of the images to the Client to choose 20 10x8” inclusive prints and any additional reprints which will be charged at an extra cost – please see price list.
2.3 The Client shall make such choices and shall tell the TLP within 14 days of having received the proof copies.
2.4 TLP shall deliver the images as ordered within 21 days of the Client having made the choices.
2.5 Any additional reprints will need to be paid for on delivery.
2.6 Such title as has been agreed to pass, to the intellectual property in the images produced in the course of the Assignment shall not pass to the Client until payment of the contract price has been paid.
2.7 Should the client fail to pay for and collect the photography order (the album plus reprints) within fourteen (14) days of notification of completion, the order shall be in default and TLP shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of £5.00). In addition, the client acknowledges that no further orders will be processed until the order is paid in full.
2.8 Telephone orders require written confirmation with payment before the order can be produced.
2.9 All freight and postage which the client request will be paid by the client.
2.10 TLP has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitised materials and colour dyes, have a limited life expectancy when exposed to strong and prolonged sunlight or fluorescent light sources. Photographs will retain their colour and brilliance much longer when displayed under more desirable lighting conditions.
2.11
3 Photographer’s obligations
3.1 TLP agrees to devote his full time attention and ability for the duration of the Assignment.
3.2 Within the scope of the Assignment TLP will record whatever events the Client reasonably requests.
3.3 TLP will personally bear the cost of all expenses incurred by him in work on an Assignment.
3.4 This contract is personal to TLP and may not be assigned.
3.5 TLP shall carry out this assignment with due and professional diligence. There are elements beyond TLP’S control including faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives in transit between TLP and laboratories employed by TLP, loss or damage to film, negatives and proofs during processing and developing, either by TLP or laboratories employed by TLP, industrial disputes, civil disturbances or weather conditions which may inhibit or prevent TLP from completing in whole or in part and TLP shall not be liable for the complete performance of the assignment and it is agreed that the liability of TLP shall be limited to a refund of any money paid under this agreement which shall be in full and final satisfaction of any damage or loss suffered by us.
4 Photographer’s status
4.1 TLP is an independent contractor. TLP acknowledges that this agreement does not constitute an employment contract between the Client and the Photographer.
4.2 TLP agrees that he will be responsible for his own income and other tax liability and national insurance in respect of his fees.
5 Cancellation of agreement
5.1 This agreement may be cancelled without penalty by either party at any time before 5.00 pm on the date specified in paragraph one above.
5.2 This agreement may be cancelled without penalty by either party at any time upon providing proof of the happening of one of the following serious events:
5.2.1 Death or serious injury of illness of a close family
member;
5.2.2 Injury to or illness of TLP personally.
5.3 If TLP cancels this agreement or fails in some other way to provide the services envisaged then the agreed damages specified in paragraph 1 shall be payable.
5.4 If the Client cancels this agreement or fails in some other way to facilitate the performance of this contract by TLP, then the agreed damages specified in paragraph 1 shall be payable.
6 Insurance
TLP undertakes to obtain insurance against liability for professional negligence and against circumstances which prevent him from fulfilling this contract.
7 Intellectual property
7.1 All intellectual Property in the images created by TLP during work on the Assignment belongs to the Client and TLP hereby agrees to execute any document necessary to give effect to this provision.
7.2 TLP may not use or reproduce material arising from the Assignment in any form or medium except with the consent of the Client.
7.3 All intellectual Property created by TLP during work on the Assignment belongs to TLP.
7.4 The Client may not use or have access to any image in any medium in respect of which payment has not been made to TLP.
7.5 In any event, TLP undertakes that he will not reproduce nor sell nor transfer and image produced as part of this assignment to any person except the Client.
8 Force majeure
8.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control.
8.2 Causes deemed to be beyond reasonable control shall include:
8.2.1 Death or serious injury of illness of a close family member;
8.2.2 Injury to or illness of TLP personally.
8.3 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
9 Successors to the agreement
TLP acknowledges that this agreement is personal to him and accordingly he shall not be entitled to assign the benefit of it.
10 Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
11 Notices
Any notice to be served on either of the parties by the other shall be sent by first class post or pre paid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the Writers then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
13 Jurisdiction
This agreement shall be construed according to the laws of
England.
Signed by [name], the Client
Signed by Tony Lumb, the Photographer:
Net Lawman Ltd
a@NetLawman.co.uk
01246 563618
Copyright Andrew Taylor 2002