Valkyrie Photography, LLC.
Agreement of Photography Usage
Terms and Conditions of Contract
WEDDING PHOTOGRAPHY
Please read below and sign, indicating your agreement.
1. PHOTOGRAPHY SESSION ORDER:: This signed contract constitutes an order for photography in the form of high-resolution digital images and/or prints. There are no oral or other agreements of the parties hereto, and this contract constitutes full and complete understanding and agreement between the Client and Photographer.
2. LIMIT OF LIABILITY:: Although care will be taken with the digital files, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, or any cause beyond their control. In any event, the limit of the Photographer's liability shall not exceed the contract price stated herein.
3. EXCLUSIVE PHOTOGRAPHER:: It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near the Photographer while she is working due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement (including iPhone photography) can constitute a reason for non-completion of the job with no liability to the Photographer.
4. OWNERSHIP OF DIGITAL FILES:: It is agreed that dual ownership of the purchased digital files will be maintained by the Client and the Photographer. Upon delivery of the digital files to the Client's physical control, the client shall gain personal non-commercial rights to the purchased images. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. The Photographer does NOT guarantee archival of the digital files past a period of six months after the session/event date and will not be held responsible if loss occurs as per section 1.
5. DISPLAY OR PROMOTION:: It is agreed that the Photographer may display and use photographs from session/event for website and internet promotion, and any other non-commercial purposes thought proper by the Photographer.
6. SESSION FEE:: Upon signature and payment of the session fee, the Photographer reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason, the session fee is non-refundable, even if the photo session is canceled for any reason. In the event of sickness, every effort will be made to reschedule the session for another time that is convenient for both parties. Sessions can only be rescheduled one time at no cost.
7. GUARANTEED DELIVERY:: The photographer has two options available for delivery based on the type of photography service used.
7A. GENERAL PHOTOGRAPHY:
The photographer agrees to have a proofing gallery complete within (3) three weeks of the photo session date.
7B. WEDDING PHOTOGRAPHY:
The photographer agrees to have a proofing gallery complete within (6) six weeks of the photo session date.
8. WEDDING AGREEMENTS:: The party agrees to have a guaranteed seat and a plate/meal for the photographer and the photographer employees at the reception. Valkyrie Photography is responsible for informing the clients of any second shooters or assistants prior to the date of the wedding so extra meals can be set aside. If a meal is not provided Valkyrie Photography reserves the right to leave for one hour to travel to get a meal.
8A. CHANGE OF DATE:
Valkyrie Photography must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of the event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least (10) ten days prior to the event. In the event of a change of address or contact information as listed, you must notify Valkyrie Photography. Changing your date is subject to fees and the availability of that date.
8B. PAYMENTS:
Once the contract is signed, payment options are agreed upon with both parties and are agreeable. If no payment is made within 30 days of the signed contract, the contract is null and void, and will be canceled and your date released for other couples to book.
8C. CANCELLATION:
There shall be no refund of the payments received after 30 days from the signing of the agreement due to the reservation of the photography date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Valkyrie Photography. All arrangements will be put in writing. Cancellation must be in writing even if a phone call/text was made to inform Valkyrie Photography of the cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients. Some fees may apply for rescheduling, the amount is at the discretion of Valkyrie Photography.
If cancellation of the wedding or with the photographer is within 30 days of the scheduled wedding date, the ENTIRE balance is due in FULL. Please be reminded that once a date is reserved all other inquiries and bookings are turned away so any potential monies and/or clients are forfeited, therefore the balance IN FULL is still due except in the case where the date can be booked, in that case, the monies will be returned.
8D. UNFORESEEN CIRCUMSTANCES CLAUSE:
If Valkyrie Photography cannot perform this agreement due to a fire, casualty, strike, or 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 the photographer's illness, then Valkyrie Photography shall return any amounts of money paid by the client but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Valkyrie Photography.
8E. FALIURE TO PERFORM:
Due to the limited and subjective nature of weddings, Valkyrie Photography cannot 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 any kind of equipment malfunction, the lateness of the event couple, 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. It is acknowledged that any lists submitted to Valkyrie Photography will be used for organizational purposes only and in no way represent photography that will actually be produced although every effort will be made to follow it. Valkyrie Photography will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.
8F. LIABILITY:
Valkyrie Photography is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves, and any children and will release the photographer from any claims against their person or their business.
8G. PRE-EVENT CONSULTATION:
It is NOT required for the client to schedule a pre-event consultation before the event date to finalize the actual shooting times and location. Valkyrie Photography can successfully communicate all event details via email, zoom, or phone. In-person can be scheduled as well if desired!
8H. WEDDING COORDINATOR/EVENT GUIDE:
If the ceremony or reception provides a "COORDINATOR/ EVENT GUIDE", the client is responsible for communicating all day of information. Including, but not limited to: timeline, itinerary, schedules, etc.; with Valkyrie Photography prior to the wedding day. One month prior to the wedding date, Valkyrie Photography will provide the client with a wedding day questionnaire, please return it in a timely manner. The client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired at the wedding and reception. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s). The client is also responsible for identifying any individuals that do not desire to be photographed. This list will need to be made before the day of the ceremony
8I. EXCLUSIVITY:
Valkyrie Photography and her associates shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Additional professional photographers may be employed only with prior written permission from Valkyrie Photography. Guest photographers may not be active during the ceremony and will not be allowed to photograph during family and individual portraits. Valkyrie Photography spends special time planning and posing your photographs and asks that guests not intervene.
8J. PERMISSIONS:
It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day. Should a location require a payment (i.e. state park, etc.), this payment will be paid by the clients.
8K. EXPENSE REIMBURSEMENTS:
The wedding couple agrees to reimburse Valkyrie Photography for all reasonable expenses relating directly to the wedding event itself. For example, parking fees, destination travel fees, hotel fees accommodations, etc. Valkyrie Photography will bill the wedding couple after the event or prior whichever is set in writing. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Valkyrie Photography agrees to supply expense receipts if so requested. Weddings outside of a 3-hour drive time of Fort Wayne, IN will require an upfront payment for travel unless discussed prior. Valkyrie Photography will do its best to talk about such expenses prior to the wedding so that there are no surprises. Any location that requires more than a 3-hour travel time will also be subject to hotel accommodations for either 1 or 2 nights depending on the starting and ending time of the wedding, unless discussed prior.
8L. PRICING:
The pricing booked is locked in for your wedding date. The only exception to this is if more hours are added after the contract is booked and the full payment is paid. All added hours are subject to the current rate or overtime charges and are set (charged) at the discretion of the photographer.
8M. GARMENTS
Valkyrie Photography cannot be held responsible for damage to garments during environmental events. The client is responsible for arranging personal assistance for wedding garments. Valkyrie Photography will not put any parties in a situation (unless requested by the bride or groom) that will cause harm or damage to special garments.
8N. CREATIVE LICENSE:
Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. By signing this contract, the client is aware of the style of photography that Valkyrie Photography produces.
8O. RETOUCHING:
Basic retouching will be added to all images. Basic retouching includes global adjustments, ( white balance, color correction, exposure, contrast, clarity, ect.) basic skin and beauty retouching, and any other things seen to be fixed by the photographer that falls into a "basic" category. What classifies in this category falls under the photographer's discretion. Any additional extensive retouching will incur an extra charge IF the client decides they would like it after receiving the gallery of images. Examples of extensive retouching would be (anybody or weight changes, extensive blemishes, extensive beauty retouching, etc.)
8P. TERMS/CONDITIONS:
Offerings [excluding prices] are subject to change without notice. The most up-to-date contract will immediately apply to any client that has already signed.
8Q. STORAGE OF IMAGES
Valkyrie Photography recommends you back up your images on another media format after receiving digital files. Valkyrie Photography also recommends making multiple copies of images every year to ensure the images for years to come. Valkyrie Photography cannot be held responsible for the failure of digital backups, USBs, DVDs, etc. due to mishandling. It is the client’s responsibility to keep several copies of any digital or hard copies of the images in more than one location and back the images up on another format such as a hard drive. This is the same for the use of the file-sharing site the images are delivered on. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important.
THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND UNDERSTAND THIS AGREEMENT’S CONTENTS.
Permission is hereby granted to Valkyrie Photography to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of Indiana shall govern this agreement. If you would like to request exceptions to this release please contact me.
All parties understand and agree to all that is above. Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.
9. EMPLOYMENT:: This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
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Fill in the information box below:
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I understand that the ordering gallery will be available for ten days and that extensions of the gallery will incur a convenience fee of $30 per day extension.
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I understand that payment must be paid in full prior day of the photo shoot which is agreed upon by both parties.
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Fill your information accurately into the submission box below:
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IMPORTANT: Contracts are only sent to Lacie's email once payment is complete. If you need to check a date with Lacie or have another question before submitting your session fee payment, please contact her at: valkyriephotographybylacie@gmail.com
If the contract is submitted but payment is not made, Lacie will not receive your contract and will not know to schedule your session.