Wedding Photography Contract

Photography Package Information:  Digital images. Your edited images will be
posted on the Wedding Gallery at emadrouillard.com within 2-4 weeks of your
wedding date.  The Wedding Gallery provides you a way to share your images with
your friends and family as well as an easy way to order your wedding prints and
photo gifts for a fee.

The following wedding photography contract specifies the rights and
responsibilities implicit in our business relationship and protects both client and
photographer.

CONTRACT FOR PHOTOGRAPHY SERVICES

This agreement (“Agreement”) constitutes a binding contract for photographer
services and/or products.  By signing this Agreement, the clients, identified on
Signature Page of this Agreement (collectively referred to below as “Client”) agrees
to pay Ema Drouillard for the services and/or products provided by Images by Ema
at the package price ordered.

The following terms and conditions shall also apply to Client’s engagement of
Images by Ema:

1. EXCLUSIVITY: Images by Ema shall be the only photography service provider
retained by the Client for the event date booked. Family and friends of Client shall
be permitted to photograph the event during the ceremony.  Once the
Photographer's shoot time begins, others are asked to wait until Photographer’s
shoot time is over before taking more personal photos. Client shall require the
person interfering with the photographer to stop all further shots. It is understood
and agreed that no other photographer will be allowed to photograph or take
pictures at the wedding while the photographer is working.

2. PHOTOGRAPHER: Images by Ema shall assign a photographer from its staff
exclusively for Client’s Event. Images by Ema reserves the right to change any
initial assignment and substitute another staff photographer at any time due to
illness.

3. ILLNESS AND UNEXPECTED EVENTS: Images by Ema will not be liable to
Client under any circumstances if its performance is prevented or impaired due to
war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse
weather conditions and earthquakes, shortages or unavailability of labor or
materials, laws or governmental restrictions which conflict with the terms of this
Agreement, or any other matter beyond the reasonable control of Images by Ema.  
In the event of any unanticipated photographer illness, Images by Ema shall make
reasonable efforts to substitute another competent professional. If another
photographer cannot be assigned in time for the Event, Images by Ema shall
promptly return to Client all fees previously paid by Client, and shall then have no
further liability with respect to this Agreement. This limitation on liability shall also
apply in the event that photographic materials are damaged in processing, lost
through equipment malfunction, lost in the mail, or otherwise lost or damaged
without fault on the part of Photographer.  Client(s) agree that an entire event
cannot be replicated, reenacted or repeated for the purpose of a re shoot and limits
Images by Ema liability to the amount paid under this contract.

Images by Ema reserves the right to decline outdoor photography in the event of
inclement weather. Inclement weather includes winds over 20 miles an hour.  An
alternate nearby location may be offered and would involve an additional fee. Client
is responsible for providing an alternate nearby location in the event of inclement
weather.

4. LIQUIDATED DAMAGES: Client and Images by Ema recognize it is extremely
difficult and impractical to ascertain the extent of Client’s actual damage in the
event of a breach on the part of Images by Ema. In the unlikely event that all of
some of the photographs fail to materialize or there is total photographic failure due
to reasons beyond Images by Ema control, the liability will be limited to the refund
of all money paid. Neither party shall be liable for indirect or consequential losses.  
In any event, the limit of Images by Ema liability shall not exceed the Package Price.
Therefore, the parties agree that in the event of any breach arising from the
negligence or other unintentional conduct of Images by Ema, including, without
limitation, any damage to or loss of any photographs, the liability will be limited to
the refund of all money paid by Client for Photography Package Price.

5.  NON-GUARANTEE: Although every possible care will be taken to produce
photographs of all important and special events during the wedding, Images by Ema
cannot place an unconditional guarantee on the above. Images by Ema will not be
held responsible for any ruined photographs due to guests’ (or any other) flashes; or
any other ruined photographs due to any other cause in or outside of Images by
Ema control.

6. NON-REFUNDABLE RESERVATION FEES: A reservation deposit of $350.00 is
due upon the signing of this Agreement.  Once the Agreement is signed and the
deposit is paid, Images by Ema shall reserve the time and date agreed upon for the
Event and will not make other reservations that will conflict with the Event.  For this
reason all reservation fees are NON-REFUNDABLE even if the date is changed or if
the wedding becomes cancelled for any reason.

7. PAYMENT SCHEDULE: The payment schedule will be as follows:  

1.  $350 deposit - NON-REFUNDABLE.
2.  Remaining balance due 1 month prior to event.

Should any payment fail to clear the account against which it is drawn (for any
reason, including insufficient funds), Client shall pay an additional fee of $35.00.  

No photography will take place and no rights are granted until timely payment is
made in full. The fee is non-refundable in case of cancellation or date change by
client.

8. CHANGE IN DATE, TIME OR PACKAGE SELECTION: Client may upgrade
Client’s package selection at any time until the day of the event. However, under no
circumstances shall Client be permitted to change its selection to a lower-priced
package. Images by Ema reserves the right to terminate the Agreement.  In the
event of such termination, Client shall forfeit any previous non-refundable
deposits.  

9. COMPLETION OF FINAL PRODUCT: The entire editing process, from time of
scheduling to receipt of the final product is normally 2 to 4 weeks, at which time
Client will receive the final product of the Event.

10. VENUE, ATTORNEY’S FEES AND APPLICABLE LAW: The validity and
interpretation of this  Agreement shall be construed in accordance with the laws of
the State of California.  Any court action to enforce this Agreement, or relating or
arising out of this Agreement or the services provided by Images by Ema shall be
brought in a court of competent jurisdiction in the County of Marin, State of
California.  In any action, arbitration or other judicial, quasi-judicial or extra-
judicial proceeding related to any dispute arising from this Agreement, each party to
this Agreement shall bear their own attorney’s fees.  In case any provision of this
Agreement shall be invalid, illegal or unenforceable, such provision shall be
severable from the remainder of this Agreement and the validity, legality and
enforceability of the remaining provisions shall not, in any way, be affected or
impaired thereby.  Unless otherwise provided herein, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective
heirs, beneficiaries, successors and assigns.  Each party represents that all required
authorizations for its execution of this Agreement necessary to make this
instrument binding in accordance with its terms against such party have been
obtained and are in effect.

11. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree
that Images by Ema may use images from Client’s event for commercial use,
including, without limitation, promotional, for exhibition to other potential clients.
Unless otherwise specified, it is understood that any and all rights to proofs, final or
sample prints, thereof shall remain the property of the Images by Ema and may be
used for advertising, display or and other purposes.  You may request a private
gallery and no promotional use.  Please send me an email.

12. MODIFICATIONS: This written and signed Agreement constitutes the sole and
exclusive agreement between the parties regarding the services and products to be
provided by Images by Ema in connection with the Event.  It is intended by each
party to constitute the final written memorandum of all of their agreements and
understandings in this transaction. No covenants, warranties, and/or
representations, expressed or implied, and no promises or prior agreements
whatsoever have been made, agreed to, or entered into by the parties hereto which
are not expressly set forth above.  If either party to this Agreement has attempted to
make such covenants, warranties, and/or representations, promises or prior
agreements, they are each superseded hereby and waived.  Any waivers,
terminations, amendments or modifications of, or additions to, this Agreement must
be in writing signed by the party against which the enforcement of such writing is
sought.  

13. SEVERABILITY: If any provision of this agreement is held to be invalid or
unenforceable under the law, the validity of this agreement as a whole shall not be
affected, and the other provisions of the agreement shall remain in full force and
effect.

14. CREATIVE CLAUSE: It is understood that Images by Ema is the exclusive
official photographer retained by the Client to cover this event. Images by Ema is
granted full editorial, production and content control by the Client regarding all
aspects of the production.

Thank you! We look forward to working with you!

By Special Order - PhotoBook, DVD & Image Data Information:  Your special order
will be mailed to the address provided via your paypal payment directly to
Ceremonyway.com   It will be mailed within 2-4 weeks of your order date.  

Elopement Wedding Photography
List of images often taken:
The Kiss / Almost Kiss
Groom Alone
Bride Alone
Bridal Bouquet & Gown Details
Various Images of Bride & Groom Together
Friends & Family Group Photo
Bride & Family
Groom & Family

Outdoor Photography:  Wedding photos taken outside may blow your hair.  If
you are planning an outside wedding, it is best to wear your hair in a style that will
keep it out of your face if the wind is blowing. Photography location may be changed
due to inclement weather which includes winds over 20 miles an hour.
Photographer will select alternate nearby location for photography session.  Fees
may apply.

Please Note:  If your wedding gown has a train, please assign someone to adjust it for
each photograph taken.

Model Release Document:  If you would like your images considered for publication
please include a
signed release along with the signed contract form.

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Bay Area Wedding Ceremony & Wedding Minister
Contact:  Wedding Officiant / Wedding Minister
Photography Contract