The Legalities And Other Things You Should Know
[1] "Photograph(s)" means all photographic material furnished by Harper Grace + Co. Studios, LLC/Melisa Conroy, hereinafter both known as "Photographer", whether transparencies, negatives, prints, digital images, or otherwise.
[2] Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of the Photographer. Any additional uses not listed in this agreement require the prior WRITTEN agreement of the Photographer on the terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to the private use of photographic material purchased by the individuals, and clients are prohibited from all commercial uses.
[3] Client agrees to indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of any use of any photographs for which the client’s guests provided no release to the Photographer for any photographs, which are illegally altered by Client. Unless furnished, in writing, no release exists. The photographer’s liability for all claims shall not exceed in any event the total amount paid under this contract.
[4] Time is of the essence for receipt of payment. No photography will take place and no rights are granted until payments are made in full.
[5] Client may not assign or transfer this agreement, or any rights granted hereunder. This agreement binds and ensures the benefit of the Photographer, Client, Client’s principals, agents and affiliates, and their respective heirs, legal representatives, successors, and assigns. The client and its principals, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless outlined in writing because of the immediate proximity of the session.
This agreement incorporates by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.
[6] Except as provided in (7) below any dispute regarding this agreement shall be arbitrated in Washington County, MD under the rules of the American Arbitration Association and the laws of Maryland. Judgment on the arbitration award may be entered in any court having jurisdiction. Client shall pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest on any award or judgment in favor of Photographer.
[7] Client hereby expressly consents to the jurisdiction of the Federal Courts concerning copyright claims by Photographer under the Copyright Act of 1976, as amended. Clients also agree to pay reasonable legal fees, and expenses if the Photographer prevails against the Client on all matters.
[8] If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then Photographer will return any all fees to the Client(s) but shall have no further liability concerning this Agreement. This limitation on liability shall also apply if photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. Client(s) agree that an entire wedding cannot be replicated, reenacted, or repeated for the purpose of a re-shoot and limits Photographer's liability to the amount paid under this contract.
[9] Emergencies: Emergencies such as serious injuries, serious illness, or death to any of the signing parties to this agreement or their immediate families will cause this agreement to be null and void. The photographer will return any retainers made and will not charge for time or material expenses incurred while preparing for the shoot. Client(s) as well as the Photographer must produce documentation in writing showing cause, stating reason, and relationship, and have an excuse signed by an attending physician, charge nurse, or funeral director. For this agreement, the immediate family will consist of parents, stepparents, brothers, sisters, spouses, children, stepchildren, grandchildren, and grandparents, as well as myself and the bride or groom. Either party may invoke this clause up to five days before the wedding causing this agreement to become null and void.
[10] Upon signature, the photographer reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason, all payments are not refundable- even if the wedding is canceled with an exception for (9) above.
[11] No other photographer will be permitted to photograph, pose, direct, or interrupt while the Photographer is working. Any breach of this agreement will constitute a reason for non-completion of the job with no liability to the photographer and the loss of all payments made under this contract.
[12] The client has the right to a three (3) day grace period to exit this contract. The photographer must be notified in writing. The postmark shall not be older than three (3) days from the date following the signature of the contracting party. The photographer is not responsible for lost or undelivered mail.
[13] The photographer reserves the right to edit and will be the final authority on the images that will be offered to the client.
[14] The photographer reserves the right to stop all business and leave the event with or without notice, and clients forfeit the right to any refunds due to any belligerent, uncontrollable, violent, or any other perceived/actual threat from any person at the event. This includes but is not limited to guests, relatives, other vendors, etc. Harper Grace + Co. Studios, LLC/Melisa Conroy will not be held liable for any missed poses or photos that are lost as a result
[15] Photographer(s) and those working under the direction of Harper Grace + Co. Studios/Melisa Conroy are to be the only persons in charge of photography. No other person is to interfere in any way with the photographer(s) ability to fulfill their obligations and this contract. Clients are contracting Harper Grace + Co. Studios/Melisa Conroy for photography, and we reserve the right to remove any person who interferes with our ability to complete our contract. Harper Grace + Co. Studios, LLC/Melisa Conroy will not be held liable for any missed poses or photos that are lost as a result.
[16] The care and feeding of your photographers and their staff. They will be spending the day with you, please understand that they will need to take restroom, snack, and brief breaks throughout the day. Harper Grace + Co. Studios, LLC/Melisa Conroy team are professionals and are experienced. We know when it is and is not appropriate to take these breaks. You will need to plan vendor meals. Meals for the photographer(s) and their assistants are best at the same time as the bride & groom are eating. This ensures that your photography staff is ready at the same time as you, and no moment will be missed. You don’t want to be photographed eating (neither do your guests) and this is the best time for the photographers to take their dinner break.
- In this instance, Harper Grace + Co. Studios, LLC staff is meant as: the primary photographer, assistant/second shooter photographer, and assistant to the photographer.
- You can discuss with your chef/caterer/venue in advance that you will need vendor meals so that they can prepare meals and set up an area out of the way for vendors to take their dinner break.
- You can advise your vendors to bring their meals with them and ask your chef/caterer/venue to set up an area out of the way for vendors to take their dinner break.