# Wedding Contracts



## elsaspet (Jan 7, 2008)

edit


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## elsaspet (Jan 7, 2008)

edit


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## elsaspet (Jan 7, 2008)

edit


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## jols (Jan 7, 2008)

this is superb.

not too long but covers everything i need.

is it ok to nick some ideas.


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## Peanuts (Jan 7, 2008)

Thank you so much Cindy

Just a note to Canadians.  Remember to change 'state' to "province", "check" to "cheque"


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## dbrandon (Jan 7, 2008)

Really good of you to post that here, i'm sure it will be very inspirational to a number of members, so thank you !

I simply read it out of interest since i'm not professional, nor do i shoot weddings. 

Seems like a really sound agreement.

Under 'FORCE MAJEURE' the phrase 'put not limited to' should read 'but not limited to' i believe ? 

Thank you again :thumbup:


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## jols (Jan 7, 2008)

*FORCE MAJEURE*
If Visions in White or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including put not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, then Visions in White shall return any moneys paid by the client, but shall have no further liability with respect to the agreement.


in this part you say you say if you are il you will return money and have no further liability




and in the SUBSTITUTION

you say


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## jols (Jan 7, 2008)

elsaspet said:


> continued:
> 
> *SUBSTITUTION*
> In the event of illness or sudden event out of the control of both parties, Visions in White will substitute a photographer at no cost to client. This contract will be transferable to said Photographer.
> ...


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## Jeepnut28 (Jan 7, 2008)

this is great....BTW I found an error on here: 

*FAILURE TO PERFORM
*Due to the limited and subjective nature of the event, neither Cindy Crabb or Visions in White can 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 other cameras or flashes, the lateness of the bride, groom, 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. Clients are responsible for all location fees and permits



shouldnt the first line read CANNOT be resposible for?


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## jols (Jan 7, 2008)

well spotted


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## elsaspet (Jan 7, 2008)

jols said:


> this is superb.
> 
> not too long but covers everything i need.
> 
> is it ok to nick some ideas.


 
Feel free to use it in whole or in part.  That's why I put it here.  :hug::


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## elsaspet (Jan 7, 2008)

Oh God!  The spelling and grammer police! Hehe.
Thank you guys....spot on!  I type too fast, and spell like a first grader.  Thanks!


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## elsaspet (Jan 7, 2008)

jols said:


> elsaspet said:
> 
> 
> > continued:
> ...


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## elsaspet (Jan 7, 2008)

jols said:


> *FORCE MAJEURE*
> If Visions in White or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including put not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, then Visions in White shall return any moneys paid by the client, but shall have no further liability with respect to the agreement.
> 
> 
> ...


 
It does indeed. In short form, this is what they can sue me for if I screw up .....but only for what they paid me.

If it's worth a million bucks to them, they need to pay me a million bucks. If it's worth the going package price, that is in full all they can sue more for, contractually.


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## AprilRamone (Jan 7, 2008)

Jeepnut28 said:


> this is great....BTW I found an error on here:
> 
> *FAILURE TO PERFORM*
> Due to the limited and subjective nature of the event, neither Cindy Crabb or Visions in White can 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 other cameras or flashes, the lateness of the bride, groom, 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. Clients are responsible for all location fees and permits
> ...


 
Sorry, grammar police here too, but I believe it is already correct.  She said NEITHER Cindy Crabb OR Visions in White CAN be held responsible.  Sounds right to me! 

And, a long time ago Cindy shared her contract with me and I have been so thankful that she did.  I have made some changes along the way of course, but it has worked out great so far.  
Thank you Cindy!


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## elsaspet (Jan 7, 2008)

You are most welcome April! :hug::

I'd love to see the changes you've made.  I'm going to do some tweaking soon, and I'm always in favor of more butt covering.


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## AprilRamone (Jan 7, 2008)

haha, well to be honest I haven't made a ton of huge changes since I've been busy.  But, I am going to do my bf's sister's wedding and she and her fiance and their Dad and stepmom are all lawyers so I'm going to ask them to take a look at it and let me know if there are any glaring omissions or changes I should make to cover my butt more.  I will of course pass on anything they say about it!


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## df3photo (Jan 7, 2008)

Excellent... I needed to make one of these up... thanks for the help!


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## JimmyJaceyMom (Jan 7, 2008)

You are awesome!


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## jols (Jan 8, 2008)

what would happen if you have no contract and you were sick and could not attend?


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## elsaspet (Jan 8, 2008)

you would get sued to hell and back.....


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## dpolston (Jan 8, 2008)

(lol)


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## jols (Jan 8, 2008)

but if there is no contract how could it be proved.

im just being devils advocate here


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## elsaspet (Jan 8, 2008)

The contract is there to protect you. Otherwise you have zero protection.

And if I was a judge who heard that a wedding photographer didn't show at what is essentially a once in a lifetime event, and immensely important right of passage, I'd give the bride the legal limit.  Be glad I'm not a judge.


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## jols (Jan 8, 2008)

just wrote my contract using some of your stuff.

included was

your bit about not attending due to illness ect.

i wrote underneath

THERE IS NO SECOND PHOTOGRAPHER AND YOU WILL HAVE TO MAKE OTHER ARRANGEMENTS IF ANY OF THE ABOVE HAPPENS

does this cover me enough 

i am a hobby photographer and people i do weddings for i make this known i am not a member of any organisation.

:hug::

thanks for your help


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## elsaspet (Jan 8, 2008)

No Jols,
Sorry, but I wouldn't be confident to sign such an arrangement.  You need to have emergency backup.
If you can't or won't, you need to state that in the case of GRAVE ILLNESS (hospitalized) you will make all attemps to find a backup, but if you are unable to, you will refund 100 percent of the package price.
That's the bare minimum in my opinion.


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## jols (Jan 8, 2008)

but if they agree to sign and understand what im saying then they sign i would be covered?


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## elsaspet (Jan 8, 2008)

Yeah, basically, if they sign something saying "I might not come because I'm feeling icky, and I can't promise you backup, but you can't have any money back" type arrangement, then you would be covered, and a way better salesman than I am.
Good luck with that! LOL


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## jols (Jan 8, 2008)

thats cool thanks for your help.


i dont take any payment until i give them the proofs, so i wouldnt have any of their money anyway. so thats good.

thanks again for your contract:hail:

im sure it has help a tonne of people


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## dbrandon (Jan 8, 2008)

jols said:


> thats cool thanks for your help.
> 
> 
> i dont take any payment until i give them the proofs, so i wouldnt have any of their money anyway. so thats good.
> ...



You don't take anything upfront as a deposit ?


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## jols (Jan 8, 2008)

NO I DONT TAKE A DEPOSIT

sorry for shouting lol


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## dbrandon (Jan 8, 2008)

Ok, sorry :sillysmi:


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## jols (Jan 8, 2008)

dont be sorry i was not shouting just bad keyboard work. ha ha 

i dont take a deposit and if they cancel thats life i suppose,

im very casual about it.

but take the pics very seriously

what sort of pics do you take ?


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## dbrandon (Jan 8, 2008)

Ooohh, i thought you were shouting because you'd maybe said it before loads of times to others 

The casual approach seems like a nice way of doing it, especially from the view of the client. A more relaxed feel is always easier for both parties involved i find. I think you're the first person i've come across that doesn't take some sort of deposit (not that that's a bad thing !) :thumbup:

Unfortunately i'm not professional so don't really take 'that' many pictures. I say unfortunately because i'd love to get paid for photography, but alas it's just a hobby of mine !   I do allsorts though, i like 'moody' landscapes, i like playing around with portraits etc. I do a few photos for friends bands and things like that. Nothing of a particuly high standard though ! :blushing::cry:


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## jols (Jan 8, 2008)

im not a pro.

i do it for a hobby.

but over the last 18 months been doing portraits and weddings for money.

ive checked out your website and they are good very good.
maybe you should charge!!!!!!

[glad you realised i was nt shoutig ha ha my typing is terrible]


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## elsaspet (Jan 8, 2008)

Good Lord, I work toooo hard to do a 8-12 hour day, and 60 hours post for "speculation".
I have a product.  They can see my work.  I am willing to show them every file I have, if that is what they chose to do.  But with me, they buy the product up front.  Period.  My time is too valuable.
I am working with another forum member here who is basically getting boned on all the hard work she's put in.
All it takes is once, and you will never go down that path again.  For many of us, it doesn't even take a once.  We've learned from the experiences of others.


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## jols (Jan 8, 2008)

if someone cancelled on me say the morning of the wedding i would be like 'oh well lets go to the beach instead'

but as i have said before it is not the way i pay my bills.

i would feel different if the mortgage depended on it i suppose.
.

what does 'getting boned' mean

i know what it means in english and im SURE it must mean something dfferent on the other side of the pond


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## elsaspet (Jan 8, 2008)

It means working and not getting payed for all you have done.


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## dbrandon (Jan 8, 2008)

jols said:


> im not a pro.
> 
> i do it for a hobby.
> 
> ...



Wow, it's good that you can make money off your hobby, AND something as fun as photography  (but im sure it loses some 'fun' factor when it becomes a job )

Thank you for the kind words too ! :blushing:  I have kind of been (trying to) build up a little portfolio before maybe charging a bit (people wouldn't really want to pay someone with no proof of what they can do !).

You arn't considering going pro with photography ?


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## dbrandon (Jan 8, 2008)

jols said:


> i know what it means in english and im SURE it must mean something dfferent on the other side of the pond



 i was thinking that too


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## jols (Jan 8, 2008)

no way.

far too much pressure to earn money an i think that needing to earn the money would get in the way of the fun of it.

i work part time to help with the bills and also look after my son along with my husband.

i just like taking pics and people started to want to pay me for my efforts which was good.


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## dbrandon (Jan 8, 2008)

Yeah, i know exactly what you mean. Still early days for me, and i don't have any overheads yet, so i end up spending money on silly things (i can't save money to save my life !).

I'd still love to be able to work with photography though, but i'm sure the reality isn't as dreamy as i picture it !


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## sexykim (Jan 9, 2008)

as i read all your postings. it makes me realized how important to work more harder so that we can save our lives financially.. and to give a nice future to our upcoming families..... =)


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## Mike_E (Jan 12, 2008)

Hi Cindy, great stuff as is your usual!

I do have a thought though, under the copyright header you state that 

*>"**Title (possession) of and copyright to all products shall remain with Visions in White until client has paid in full."<*

This implies that the copyright will change hands after payment in full is made.  Even though transfer of copyright is mentioned later in the same paragraph with the print right clause, I think you might want to nail this opening down.

FWIW

mike


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## elsaspet (Jan 12, 2008)

Thank you Mike, that's a great catch.
I've been changing all my paperword to read "unlimited print rights" so that's just the type of thing that I need to take care of.
Thank You!


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## AprilRamone (Jan 15, 2008)

So as I said before, Cindy was nice enough to let me use her contract a long time ago. I just got back the new version from the lawyers. Not a ton of changes. A lot of smaller things, but thought you'd want to see them anyway.  There's a couple of parts that I'm going to get some clarification on....but other than that...here it is:
*CHANGE OF DATE OR VENUE*
April OHare must be notified immediately of any changes in schedule or location, at least seven (7) days prior to the scheduled date of event. Notification of any changes may be made by phone, so long as written notice is also sent via email or U.S. mail for documentation. It is the clients responsibility to confirm all arrangements at least seven (7) days prior to the event. In the event of any material changes, including but not limited to, change of event address, change of event time, and/or change of clients contact information as listed, you must notify April OHare as previously described.
*RETAINER*
The retainer fee in full is required to hold the date of your event.  No date is reserved until the full amount of the retainer fee is received.  The remaining complete package price must be paid in full at least two (2) weeks prior to the event.  If final payment is not received, April OHare will not be expected to attend said event.  Additional custom orders, including but not limited to, reprints, enlargements, and/or albums must be paid for in full at the time of the order.  Additional hours, i.e. those beyond the number of hours contracted for and stated in this contract, worked by April OHare, will be billed at the rate of one-hundred dollars ($100.00) per hour.  If additional hours are worked, products will not be delivered until payment for those hours is received in full.
*CANCELLATION*
There shall be NO refund of retainer after three (3) days from the signing of this agreement due to the reservation of the photography date.  If the event is cancelled within one (1) month of the event date, the client is liable for the balance of the contract due to the high probability that April OHare Photography will not be able to further book that date.  All paid balances are NON-REFUNDABLE.  Any alternative arrangements must be discussed and agreed upon between the client and April OHare.  All alternative arrangements must be in writing in order to be deemed enforceable.  Any cancellation notice must be in writing and sent to April OHare via email or U.S. mail.
*FAILURE TO PERFORM*
Due to the limited and subjective nature of the event, April OHare may not be held responsible for any requested photographs not taken or missed, schedule complications caused by third parties, including but not limited to, anyone in or at the event, the church, and/or any location restrictions.  April OHare is not responsible for lost photo opportunities due to other cameras or flashes, or the lateness of the bride, groom, or other principles.  April OHare is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, venue rules and restrictions, or the rendering of location decorations.  The client is responsible for all location fees and permits.  
*FORCE MAJEURE*
If April OHare cannot perform this agreement due to a fire, casualty, strike or any 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 April OHares illness, then April OHare shall refund any monies paid by the client, but shall have no further liability with respect to this agreement.
*COPYRIGHT*
Title, i.e. possession, of and copyright to all products contracted for in this agreement shall remain with April OHare until full payment had been received from the client.  All photos contracted for in this agreement are the copyrighted work of April OHare.  The negatives and/or digital images (hereinafter collectively referred to as images) created by April OHare shall remain the property of April OHare.  It is illegal to copy, scan, reproduce, or post online in forums elsewhere without the written permission of April OHare.  With the exclusion of CD Negatives with print rights, violators of this federal law will be subject to its civil and criminal penalties.  
*EVENT FOOD SERVICE*
A light meal is required for April OHare and any individual(s) assisting April OHare for events that last longer than four (4) hours. For events longer than six (6) hours a full course meal is required. 
*PRODUCT DELIVERY & PRICE LOCK*
Upon notification, the client must arrange for pick up and delivery of albums prints and other products within a reasonable time period, not to exceed thirty (30) days after notification.  April OHare is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said thirty (30) days.  All complaints must be made in writing via email or U.S. mail to April OHare within six (6) months after the date of the event.  If no complaints are made within this time, this agreement will be considered completed in full, the client will be deemed to have waived his or her remedy rights against April OHare, and April OHare will have no further liability with respect to this agreement.  April OHare may not be held liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail, or otherwise lost or damaged without fault on the part of April OHare. 
*RETURNED CHECKS*
Returned checks are subject to a fifty dollar ($50.00) returned check fee. The client assumes responsibility for any and all collection costs and legal fees incurred by April OHare in the event of enforcement of this contract becomes necessary.  
*CREATIVE LICENSE*
Images are edited at April OHares discretion, and delivered prints may not include all images shot.  April OHare reserves the creative right to edit and release only those images deemed creditable as professional in quality and within April OHares artistic standards.
*ALBUM DESIGN*
April OHare is responsible for the design of the composite album(s).  The client will be provided a preview of the album before ordering.  The client will be encouraged to make changes at that time.  The client is required to mark images that *must* appear in the album.  Once the album has been ordered, no other changes can or will be made.
*ALBUM DELIVERY TIME*
Album delivery is six-eight (6-8) weeks from the time the images are submitted.  Due to the fact that printing and production is outside the control of April OHare, the client may not hold April OHare responsible for late or delayed albums.
*CD/DVD STORAGE*
Due to the lack of information about how long CDs/DVDs can hold information, April OHare recommends you back up your images on another media format other than CD/DVD.  April OHare also recommends making multiple copies of CDs/DVDs every year to insure the images for years to come.  April OHare may not be held responsible for the failure of CDs/DVDs.  It is the clients responsibility to keep several copies of any CDs/DVDs in more than one (1) location, and back the images up on another format, such as a hard drive. 
The undersigned hereby acknowledges that they have received, read, and understand April OHares current price list.  Only the undersigned of this document can discuss any problems that arise.  

I kindly ask that you get in touch with me seven (7) days prior to the date of your event via telephone call or email, to touch base and go over last minute details.  I will make every effort to contact you, but it is the clients responsibility to contact me to confirm all events and times as previously described above.

Permission is herby granted to April OHare to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose deemed appropriate by April OHare.  

April OHare retains the copyright to all images produced by April OHare.  Clients must be given a written release to make personal copies of images from CDs or DVDs given to client. The client understands the images given on CD/DVD may not be used for profit or advertising.


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## jols (Jan 17, 2008)

elsaspet said:


> Yeah, basically, if they sign something saying "I might not come because I'm feeling icky, and I can't promise you backup, but you can't have any money back" type arrangement, then you would be covered, and a way better salesman than I am.
> Good luck with that! LOL


 

.
just had my first couple sign the contract.

part of it reads


'in the unlikely event that the photographer is ill or in hospital, the only liability on her side is to pay any monies back that have been paid.

there is no second photographer.'

they signed without batting an eyelid


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## jols (Jan 19, 2008)

bump for elsapet.

got three more sign it today


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## dbrandon (Jan 19, 2008)

jols said:


> bump for elsapet.
> 
> got three more sign it today



That's awsome news jols, congrats ! :thumbup:


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## jols (Jan 19, 2008)

thanks.


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## jols (Jan 20, 2008)

i was a bit concerned bout the contract but i thought i would tell the truth and take the consequences.

no use saying a have a second tog in the wings when i have not.

and i can relax now four have signed and three more to meet.

honesty is the best policy!!!!!


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## astrostu (Jun 28, 2008)

Does anyone have a copy of the contract that was posted here?  I seem to have lost it and it's been edited out by the original poster.  If so, either post here, please, or PM me.


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## judson (Jun 28, 2008)

jols said:


> what would happen if you have no contract and you were sick and could not attend?




You get to find out how much justice you can afford!


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## judson (Jun 28, 2008)

astrostu said:


> Does anyone have a copy of the contract that was posted here?  I seem to have lost it and it's been edited out by the original poster.  If so, either post here, please, or PM me.




Do not use a contract you found online.  Since you aren't a lawyer, you ,have no way of judging how good that contract is.  Simply hire a lawyer to write your contract.  Your lawyer is probably going to get a form book and do some cut and paste, so it should not be that expensive.  

Besides, if you ever discover a real problem with your contract, you can always sue the lawyer for malpractice!


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## Mike30D (Jun 28, 2008)

astrostu said:


> Does anyone have a copy of the contract that was posted here?  I seem to have lost it and it's been edited out by the original poster.  If so, either post here, please, or PM me.



You can find other people's contracts and take parts from them and write your own (that's what I did). However, in the end you do need to take it to a lawyer and have him look it over to make sure it's solid. If you'd like to see a copy of mine, PM me and I can give it to you. You can find some samples here: http://wedding-photographers-directory.com/contracts.aspx


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## astrostu (Jun 28, 2008)

Yeah, I've been taking bits and pieces from others I found online, but the one that was posted here I remember being very good and very specific, and I just wanted to make sure that I had everything covered that she did.


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## rose76 (Jul 8, 2008)

I want a good photographer in my friend marriage. She is one of my best friend. I want a album in this marriage. New designer album is available. Show me the details.
=================================
rose76
Addiction Recovery Florida


Addiction Recovery Florida


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## judson (Jul 8, 2008)

rose76 said:


> I want a good photographer in my friend marriage. She is one of my best friend. I want a album in this marriage. New designer album is available. Show me the details.
> =================================
> rose76
> Addiction Recovery Florida



I think someone's recovery hit a rough patch.


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