JW Photography LLC & Policies
Below is the exact language that is the wedding contract.
Except as noted below, all photographs created by JW Photography LLC are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs JW Photography LLC have created to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered (digitally or otherwise), without JW Photography LLC’s express written permission. With every contract signed the full rights to your digital images are included. JW Photography extends the printing rights for the digital files to the paying Clients only. The digital download link that is sent to the emails listed in this contact is to remain with the contract signers only. The download link is only available for download on a computer. This link is not to be forwarded to friends or family. Copyright only extends to paying Clients (bride and groom), and does not cover client’s family or friends. Additional copyright distribution rights can be purchased within client’s personal online gallery by purchasing the prints or purchasing the full digital download of all the images for $150.00. Violation of this agreement will terminate any additional owed products or services, as well as disable the download link. Any pictures with JW Photography LLC’s logo watermark excludes copy right limitations as long as watermark has not been removed. Client will be provided a gallery linked with watermarked images for sharing with friends / family or social media.
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).
3. Licenses, Coverage and Reproduction:
a) The photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.
b) Photographs taken during the course of the event will be at the discretion of the photographer(s), although every effort will be made to comply with the client(s) requirements.
c) The photographer(s) shall photograph all individuals as requested by the client(s), within reason and will not be held liable for any photos not taken in said request.
d) The photographer(s) will make all accommodations necessary to obtain optimal photos during the ceremony. In certain circumstances, the area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) first choice and the photographer(s) cannot accept responsibility for any obstructed views should this be the case. At certain locations the use of artificial lighting may be restricted or prohibited resulting in parts or even all of the ceremony being restricted or prohibited. The photographer(s) are not held liable for
restricted or prohibited venues. Client(s) are strongly advised to check with the appropriate official before booking the date and submitting this contract.
e) For a wedding or other event booking, the photographer(s) shall endeavor to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
f) Client must provide written notice of any venue changes or location changes within 7 business days of the scheduled event. Any changes made to arranged schedules and times must be submitted in writing within 72 hours. 24 hours written notice is required for all cancellations. Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s). In some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
g) Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. Please note that certain colors do not reproduce exactly in print. It is understood that all photographic printing is undertaken within the technical limitations of the process and that color may not be identical over the whole range of colors within a subject. It is also understood that prints made at different times or in different sizes may be variable in color balance.
h) Image Processing/Printing: It is your responsibility to contact JW Photography, LLC for current rates. Limited color correction and/or retouching are included at JW Photography, LLC’s discretion. Client may request further changes for an additional charge. JW Photography LLC is not responsible for any prints that are not ordered directly from JW Photography, LLC. For best results, Clients who have purchased the high-resolution files should order their prints through a reputable lab.
i) Due to the limitations of computer monitors it is understood that: (1) images appear differently according to the specification of each monitor, (2) prints will not match images rendered on any particular computer monitor.
j) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).
k) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
4. Limits of Liability:
While every reasonable effort will be made to produce and deliver outstanding photographs of the wedding events, the entire liability of JW Photography LLC to the Client for any claim or loss arising from our performance is limited to a refund to the Client of the amount paid for services. JW Photography, LLC cannot guarantee delivery of any specifically requested image(s). In the
unlikely event of personal illness or other circumstances beyond the control of JW Photography, LLC, the Client may terminate this agreement and receive a full refund of all monies paid. The photographer will not be held liable for the finished product or incomplete coverage in the event of tardiness or time restrictions placed on JW Photography, LLC by Client or other third party: including clergy or church restrictions and/or policies on the day of the event.
It is the client’s responsibility to schedule and receive permission to use the venue and any other locations for photography used during the day.
6. Model Release:
JW Photography, LLC may only make reproductions for: the Client, JW Photography, LLC portfolio, samples, or self-promotions, or for professional competition and review. We will not make reproductions for other commercial use without first obtaining written permission from the Client.
All standard photographic services and optional extras specified in your contract and paid for in full before the wedding are supplied at the prices ruling on the date of signed contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes: for example, venue access fees dispatch of prints, discs or albums, and other products to non-USA addresses. Travel expenses (other then specified in the contract summary) need to be covered at full expense prior to the event.
8. Payment For Services:
a) A non-refundable retainer of $150 (payable by check, debit/credit made out to JW Photography, LLC) is due at the signing of this Agreement. If check cannot be cashed a $50.00 fee with be added to total owed. JW Photography, LLC will only reserve and be available to you on the date requested upon receipt of the retainer. The retainer and complete contract will confirm the Client’s booking and JW Photography, LLC will decline any other inquiries for the date in question once retainer has been received. The retainer is applied toward your total investment agreement. You may not transfer the retainer nor date to another person without prior written consent.
b) The remaining balance of total contract price is due not less than fourteen (14) days before the wedding date. Note that photography will not start until this is paid in full. If this Agreement is signed less than fourteen (14) business days from the wedding date, then all payments are due at signing. JW Photography, LLC reserves the right to refuse services if the remaining balance is not paid in full within two weeks prior to the scheduled event.
c) You MUST allow sufficient time for check clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s).
d) All additional goods must be paid for in full on ordering. This includes: extra prints, albums, special editing and rendering of images, high-resolution digital files, high resolution long term galleries, and any other services ordered after the event.
e) Title to all goods remains with JW Photography LLC until paid for in full by the Client(s).
f ) You have 1 month to cancel contract without penalty. After 1 month, regardless of cancelation, full payment of agreed upon service signed in contract are due. By booking your day, I am refusing potential business from other Clients.
g) It’s incredibly important that when doing something as personal as a wedding, that a positive relationship is developed between the wedding party and myself. Weddings to me are not about money, but they are a special and sacred time that needs to be free of conflict. I reserve the right to refuse service and refund the full deposit if there are extenuating circumstances prior to your wedding, which make a working relationship between both parties null. This includes harassing emails, texts, or phone calls.
Any complaints must be received in writing within seven (7) days of receipt of products purchased. This includes: photographs, discs, albums, frames and any other special services that have been agreed. After the seven (7) days, JW Photography, LLC has no legal obligation for services rendered. For behavior see section 19.
10. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g sudden illness/injury/victim of crime, flooding). The photographer(s) may contact other photographers in the event that they are not able to attend the booking; however it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
b) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if possible) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
c) If JW Photography, LLC or Photographer(s) are unable to perform any or all of the duties herein for any reason, including but not limited to: fire, transportation problems, weather or other acts of God, accident, illness, technical problems, or if another competent professional cannot be provided, all monies received by JW Photography, LLC, minus expenses, will be returned to the Client. JW Photography, LLC and Photographer(s) shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of
photographs shall be pro-rated based on the percentage of total photographs produced. ( Please refer to section 11b) The sole remedy for any actions or claims shall be limited to a refund whose total amount shall not exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
11. Liability for Digital Files and Products:
a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 months from the event.
b) Should all digital files be lost, damaged or destroyed JW Photography, LLC and the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer(s). No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the event. With the nature of digital picture files there is always a possibly that digital media cards and equipment could fail, regardless of how well equipment is maintained. In the event a portion of the files are lost a maximum refund for the Silver package would be $200 and for the Gold package the maximum refund amount would be $300.00. Emotional factors of loss will not change the refunded amount.
e) All package related items and orders should be placed with JW Photography, LLC or the photographer(s) before the end of a 1 month period starting at the delivery date of images in gallery. Print credit must be used within the first month of receipt. If not used within that month, full value will be null and voided for print credit. For all other goods after a 1 month period of time, the agreed upon package price will no longer be valid. Any orders placed after the 1 month time period will subject to a surcharge of 10% of the original package price. Any orders after 6 months or beyond will be subject to full retail pricing of JW Photography, LLC current retail prices, even if services are paid for in full. Book image choices are due 1 month after pictures have been delivered to Clients in the form of an email with image choices, an attached word document is acceptable as well. Picture choices need to be in a list form. Ex) 001, 002, 003 etc. Images numbers are located under gallery images.
f) Any pre-paid product credits (i.e. for albums and prints) not utilized by the Clients within 1 month of the date received will lapse without value. Any product supplied will be at the sole discretion of JW Photography, LLC or the photographer(s) and forwarded by standard United States Postal Service Mail to the last known address of the Clients.
g) Once the final delivery of hi-resolution images are delivered to the client via the digital download link, only accessible through your computer, JW Photography, LLC is no longer liable or responsible for hi-resolution images. It is the client’s responsibility to preserve and protect the hi-resolution images. The client has one week from the delivery of hi-resolution images to report any problems. If defect or problem occurs on hi-resolution images within that week, free replacement of media will be provided at no additional cost to the client. It is the recommendation of JW Photography, LLC that you obtain a safety deposit box or fire safe to preserve and protect all images. Do not save images on a flash drive. Use physical media such as: CD, DVD, hard drive, or cloud based storage.
h) Upon receipt of photos the Client accepts all responsibility for archiving and protecting the photographs. JW Photography, LLC is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is the Client’s responsibility to make sure that digital files are copied to new media as required.
12.) Delivery Time Frames
1.) Print credit must be used within 1 month of delivery of final picture
2.) Book choices of 150 images must be submitted via email within 1 month of delivery of final pictures.
3.) Online Photo gallery in protected gallery delivered within 8 – 18 weeks after event.
4.) Prints are delivered within 2-3 weeks from when picture choices are received
5.) Printed Photo Albums & Photo Books: 6-8 weeks from when picture choices are received.
13. Cancellation Fees, Date and Package Changes:
a) If the Client(s) should have to cancel a booking, the retainer and any other fees already paid cannot be refunded. 24 hours written notice is required for all cancellations.
b) A written request by the Client(s) to transfer the booking to another date is available at no additional fee. If the date is available, JW Photography, LLC will transfer the agreed upon contract date to the newly established date. This transfer of dates will be at the discretion of JW Photography, LLC. JW Photography, LLC assumes no liability if the date requested is unavailable. If the requested date is unavailable, no refunds will be given.
c) Client(s) may upgrade or downgrade the contracted package at any time with prior written consent. The Client(s) is responsible for all balances owed. JW Photography, LLC will not issue a refund when a Client(s) have requested a package downgrade.
14. Placing an Order and Receipt of Goods:
a) Any alterations to orders placed (in the case of error, shortage or damage), via phone or email, must be confirmed in writing within three (3) business days of said request. You MUST request and receive written confirmation of any alterations to orders. JW Photography, LLC or photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. After three (3) business days, JW Photography, LLC will not be held liable for finished products due to alterations.
b) The contracted package prints may take up to six weeks to complete. Allow 28 days for delivery of other orders. If you choose to design your album through JW Photography, LLC, you will be notified of the estimated completion date on a case-by-case basis.
c) Due to the nature of the product, JW Photography, LLC or the photographer(s) are unable to give exchanges or refunds.
JW Photography LLC may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, written notice and confirmation are required.
16. Governing Law:
a.) General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Arizona. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Pima County Arizona, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
b.) Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
c.) Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
d.) Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation. This is a separate one time policy that protects your wedding investment incase something where to happen. Companies to look at for this type of insurance are: Travelers, Nationwide, and WedSafe.
18. Meals and Refreshments:
Provisions must be made with the venue to provide JW Photography, LLC and the photographer(s) with a hot meal(s) for any event. NOTE: It is a normal practice to provide meals for wedding vendors, i.e. DJ, videographer, band, etc.
19. Day of Event:
a) JW Photography, LLC is the only authorized photographer permissible for the day. Other professional photographers are not permitted, unless agreed upon in writing prior to the event. Examples include: working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers). Breach of this condition shall void the contract by the Clients.
b) JW Photography and the photographer(s) is contracted to shoot all photographs relating to the event. No person(s) is permitted to use images for the use of sale, profit or gift unless agreed in writing prior to the event. This includes guests (except for their own personal non- commercial use) and other wedding vendors: i.e. a videographer may not shoot stills other than a small quantity to illustrate the video packaging. Breach of this condition shall void the contract by the Clients.
c) A videographer is a useful source of capturing your event. However, use of a videographer can severely compromise the quality and position of your wedding images taken. If you chose to use a videographer please have them consult JW Photography, LLC for optimal positioning so desired images can be photographed.
d) JW Photography, LLC reserves the right to cancel services without warning, at the discretion of the photographer(s), if the photographer(s) feels threatened or has reason to believe that equipment may be damaged or is in jeopardy due to event attendees.
e) The photographer(s) will stay with the client(s) during the day for as long as it is required to capture all aspects of your event that has been specified by a chosen package.
f) For best results in ceremony images, it is highly recommended that you ask friends and family to restrain from taking pictures and videos with cameras and cell phones. The accessibility has rapidly increased but it diminishes the quality of images that a professional photographer can provide and also distracts guests attending the ceremony. It is highly recommended that you ask you guests to enjoy the wedding and limit their picture taking during the ceremony.
20. Behaviors and Code Conduct of Clients:
a) By hiring the services of JW Photography, LLC you are hereby placing full trust in the judgment of taking your event images to JW Photography, LLC. In order for JW Photography LLC to get the desired images it is recommended that you: plan to devote at least one hour to pictures after the wedding, for larger venues and parties allot more time for photographs for best possible results photos should be taken 1 – 1.5 hours before sunset to ensure proper lighting.
b) If JW Photography, LLC feels that the client is not motivated to take pictures that are requested, JW Photography, LLC will not argue or pursue images or posses that are not wanted. JW Photography, LLC can only request images and will not enforce them. It is up to you as the
client to ask for desired images or poses. JW Photography, LLC will not be held liable for any poses not shot.
c) It is the client’s job to direct JW Photography, LLC in which family members need to be photographed. JW Photography, LLC will not be held liable for any family members that are not included in pictures.
d) A typed schedule of the day of events must be submitted one week prior to the event. If no schedule is supplied, JW Photography, LLC will use its best judgment to obtain images.
a.) Be aware that all packages include travel up to 20 miles of the Tucson, AZ area. Anything beyond the 20 miles there will be additional 10% increase to your wedding package. Lodging and meals will need to be provided, and lodging needs to be within 5 miles or less of the area of your wedding venue.
b.) If the wedding photography is more than 150 miles outside the Tucson area (limited to the state of Arizona) there will be a one time charge of $750.00 in addition to your package instead of the 10% increase. Lodging and meals will need to be provided, and lodging needs to be within 5 miles or less of the area of your shoot.
c.) For Wedding Photography outside the state of Arizona there will be a one time charge of $1000.00 for your wedding day packages. In addition to the $1000.00 fee all arrangements of plane travel, car rental, lodging and meals, and any other expenses will need to be provided and paid for by the client. All arrangements will be mutually agreed upon before the contract is signed.
e.) If in the event that the location of your wedding is beyond the 20 miles and there are not reasonable accommodations for a hotel, a fee of 15% will be added to your package to accommodate extra travel up to 50 miles; beyond 50 miles I cannot photograph your wedding.
f.) This policy is non-negotiable. Please be aware that I am a Tucson Photographer, but I have no problem traveling outside the 20 miles of Tucson area. The reason that my travel policy even exists is because I need to make sure that there are not any issues in regards to getting to your wedding on time, or being available for you. As I also attend wedding rehearsals, this doubles my travel distance. By ensuring that I am very close to the venue I can make sure that your wedding day goes very smoothly. The 20 mile radius distance is determined by a starting reference point of Reid Park.
Acceptable communication for informational changes or conformation information is through text messages or email. Please note any agreed upon changes to this agreement must be emailed and agreed upon with JW Photography LLC. A response from your sent email is only valid if email is responded to. All communication through email will be contractually binding if changes or information is provided that is different from information in contract. This Agreement incorporates the entire understanding of the Parties, and the Parties agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties. Any modifications of this Agreement must be in writing and signed by all parties. Each person signing as Client(s) below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. By signing this Agreement, we confirm that we agree to all terms and conditions outlined in this Agreement: