Wedding Photography Contract
This Wedding Photography Contract (the "Contract") is made effective as of March 7, 2023 (the "Effective Date"), by and between Hazels Roots LLC of 2860 S York st, Denver, Colorado 80210 (the "Photographer"), and Michelle Krumrey and Todd Gearhart of 1034 Oak Circle, Lakewood, Colorado 80215 (the "Client").
EVENTS
This Wedding Photography Contract provides for photography services at the wedding of Todd Gearhart and Michelle Gearhart at Red Rocks Amphitheater 18300 W Alameda Pkwy, Morrison, CO 80465 on September 23, 2023. Photography services are described below.
DESCRIPTION OF SERVICES
On September 23, 2023, the Photographer will provide to the Client the following photography services (collectively, the "Services"):
Photographer will provide 4 hours of coverage including
- Photos of Bride and bridesmaids getting ready
- Photos of Bride and parents while getting ready
- Photos of groom and groomsmen getting ready
- Photos of groom and family getting ready
- Photos of ceremony site before everyone arrives
- Photos of ceremony
- Photos of reception
- Second shooter (for at least 2 hours)
PERFORMANCE OF SERVICES
(1) The Photographer agrees to take photographs as per the Client's stated requests, allowing for artistic expression;
(2) The Photographer agrees to use high technical quality to meet the Client's needs, for web or print;
(3) The Photographer will use digital photography and color management consultancy knowledge to create photographs for Todd Gearhart and Michelle Gearhart; and
(4) The Photographer shall provide Todd Gearhart and Michelle Gearhart with a look book or samples of the final proofs within 120 days.
PAYMENT
(1) The Client agrees to pay the Photographer a lump sum of $1,800.00 in consideration for the photography services to be rendered by the Photographer In consideration for this fee, the Photographer will devote 4 Hours hours to cover the wedding of Todd Gearhart and Michelle Gearhart. The fee will be paid by Venmo or Paypal.
(2) The Photographer will provide proofs and/or a look book to the Client to review for final purchase of pictures.
DEPOSIT
At the time of the signing of the Contract, the Client shall pay a deposit of $500.00 to the Photographer for the Services. The deposit will be subtracted from the total payment owed by the Client upon completion of the Services.
CANCELLATION POLICY
A minimum of 45 notice will be required for cancellation of this Contract by the Client. Any cancellation made with less than 45 notice prior to the agreed upon service date will result in forfeiture of deposit by the Client. If the cancellation is initiated by the Photographer, all fees paid to the Photographer from the Client shall be fully refunded, INCLUDING the deposit fee. Refund shall be paid out within thirty (30) calendar days from the cancellation date.
In the rare event that photographer cannot perform the duties as described in this contract, due to illness or emergency, photographer will ensure another photographer of similar caliber and style will take her place for the price as listed above.
TERMS
The Photographer and the Client agree that this Contract shall commence on the above date and that same shall terminate on January 31, 2024. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.
WORK PRODUCT OWNERSHIP
Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by the Photographer in connection with the Services will be the exclusive property of the Photographer. Upon request, the Photographer will execute all documents necessary to confirm or perfect the exclusive ownership of the Photographer to the Work Product.
RELATIONSHIP OF PARTIES
It is understood by the parties that the Photographer is an independent contractor with respect to the Client, and not an employee of the Client.
COURTESY
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client. The Client and the Photographer agree that positive cooperation and punctuality are therefore essential.
INDEMNIFICATION
The Client agrees to indemnify and hold harmless the Photographer from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against the Photographer that result from acts or omissions of the Client.
WARRANTY
The photography schedule and selected methodology are designed to accomplish the goals and wishes of Todd Gearhart and Michelle Gearhart. The Client and the Photographer agree that positive cooperation and punctuality are therefore essential.
DEFAULT
The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, pandemic, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION
The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE CONTRACT
This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW
This Contract shall be governed by the laws of the State of Colorado.
NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES.
This Agreement shall be signed by MIchelle Krumrey and Todd Gearhart, and by Megan Murray, Owner on behalf of Hazels Roots LLC.
CLIENTS:
MIchelle Krumrey
Todd Gearhart
PHOTOGRAPHER:
Hazels Roots LLC
Megan Murray, Owner
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work on social media, Photographer's website and for entrance into photographic competitions, and releases all claims to profits that may arise from use of images.