KCWeddingContract Ms.SarahCaffey .pdf
Original filename: KCWeddingContract-Ms.SarahCaffey.pdf
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PARTIES: This contract is between Kasey Cody of KC Photography and the person paying for the
photography, hereinafter referred to as “Client.” The term “KC Photography” includes its agents,
employees, representatives and/or other personnel, where applicable.
DEFINITIONS: Through this contract, the term “wedding” shall include the time duration of the
event in which KC Photography has been hired for photographic services. The term “wedding
party” shall include, but not be limited to, groomsmen, bridesmaids, flower girls, ring bearers, and
the ceremony official.
DATE RESERVATION: A signed contract and a security retainer are required to reserve the date
of the wedding on KC Photography’s schedule. The signed contract and security deposit must be
in the possession of Kasey Cody of KC Photography to reserve the date. If a signed contract and
security deposit are not in the possession of Kasey Cody of KC Photography, there is no obligation
on KC Photography to reserve the date or photograph the wedding.
PAYMENT SCHEDULE: A 25% or 50% security retainer payment shall be made on the agreed
upon date(s) listed below. Last (50%) payment must be received on or before the wedding date.
These payments are nonrefundable. Payments may be made in advance if the client wishes to
pay early. All other fees, including expenses, will be due before wedding on wedding day. KC
Photography reserves the right to refuse to take photographs of the wedding if payment is not
made in full on the date of the wedding or to not deliver the photographs to the client until full
payment is made.
CANCELLATON: In the event Client cancels the wedding, any monies paid to Kasey Cody of KC
Photography for photographic services of the wedding are nonrefundable. Such monies shall be
liquidated damages to KC Photography for the breach of contract by Client. If KC Photography is
able to book a wedding on the date reserved by this contract, the liquidated damages will be
limited to the nonrefundable security retainer paid to Kasey Cody and/or KC Photography for
photographic services and 10% of any other monies paid to Kasey Cody and/or KC Photography
for photographic services of the wedding. The Client shall be responsible for payment of any
expenses incurred by KC Photography up to the time of cancellation.
EXPENSES: Client is responsible for all travel, accommodation, meal and transport costs unless
otherwise provided. Client is also responsible for any props or other materials purchased by KC
Photography that is to be used specifically and exclusively for this wedding.
PREWEDDING CONSULTATION: A prewedding consultation with the bride, the groom, or the
client, is required to finalize the actual shooting time, locations and any other specific requests.
(Unless otherwise agreed upon by client and KC Photography)
HOUSE RULES: KC Photography is limited by the guidelines of the ceremony official or
wedding/reception site management. KC Photography is not liable for any technical limitations due
to any such limitations. KC Photography is not responsible for negotiations with the ceremony
official or wedding/reception site management for a modification or waiver of any such limitations.
SCHEDULE AND METHODOLOGY: The methodology of KC Photography is designed to achieve
creative and beautiful wedding photography.
Cheerful cooperation, effective communication and punctuality are essential. KC Photography
welcomes ideas and suggestions, however reserves the right to refuse to take any and all
photographs that encroach on its creative license, Christian beliefs and/or are offensive,
pornographic or obscene in nature. Shooting commences at the scheduled and agreed upon start
EVENT GUIDE: KC Photography highly recommends appointing or hiring a designated “event
guide,” whether it be a family member or wedding coordinator, to help coordinate desired posed
photographs as we as direct. KC Photography will capture selected individuals in posed or candid
photographs. KC Photography is not liable for failing to capture such selected individuals if an
event guide does not direct KC Photography or should selected individuals not cooperate or wish
not to be photographed. KC Photography will act as an event guide if no event guide is appointed
SUBJECT RELEASE: Client hereby consents on behalf of the entire wedding party and guests to
be subjects of KC Photography for photographic purposes. Any member of the wedding party
and/or guest may request that their picture not be taken. KC Photography is not liable for any
photograph taken of a member of the wedding party or guest if KC Photography was not informed
by the member or guest that they did not wish for their photograph to be taken.
POSED PHOTOGRAPHY: This agreement includes a period of time, up to two hours, for posed
photographs of the bride, groom, wedding party, families and any other selected individuals, that
cannot be obtained during the ceremony and/or reception.
The parties agree to positive
cooperation and communication for the best possible result within the definition of this assignment.
KC P hotography shall not be held liable for failure to take desired photographs if the desired
photographs were not taken due to the lack of cooperation by the intended subjects of the
LIMIT OF LIABILITY DUE TO ILLNESS: In the event that the photographer is injured, becomes too
ill to photograph the wedding or for some other reason cannot photograph the wedding, KC
Photography must secure a replacement photographer. The security deposit will be applied to the
costs associated with securing a replacement photographer. The replacement photographer is not
held to the terms of this agreement. If this situation should occur, liability is limited to the return of
all deposits and payments received for the wedding, less the costs associated with securing a
LIMIT OF LIABILITY FOR LOSS OR DESTRUCTION: KC Photography takes the utmost care with
respect to exposure, transportation, processing, and editing of the photographs. However, in the
unlikely event that photographs have been lost, stolen or destroyed for reasons within KC
Photography’s control, KC Photography’s liability is limited to the return of all deposits and
payments received for the wedding. In such case, Client agrees to hold KC Photography harmless
from any liabilities and/or damages. Liability for the partial loss of photographs shall be a prorated
amount of the photographs lost based on the percentage of total number of photographs taken, as
determined by KC Photography. KC Photography is not liable for photographs that have been lost
or destroyed due to acts outside the control of KC Photography or due to acts of God.
EDITING: KC Photography owns all rights to the photographs produced by KC Photography and
may edit in any manner without altering the photographic likeness of the subject in any and all
photographs taken at the wedding.
FILM AND COPYRIGHTS: The photographs produced by KC Photography are protected by
Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without KC
Photography’s express written permission. A Reproduction Release signed by Kasey Cody of KC
Photography must be obtained prior to any reproduction of the photographs. KC Photography must
receive full compensation for the resale or publishing of the photographs, unless waived in the
PROMOTIONAL USE: KC Photography owns all rights to the photographs produced by KC
Photography and may use such photographs in any and all forms of media for promotional,
advertising and all other lawful purpose. Client on behalf of the entire wedding party and guests,
hereby releases KC Photography from any and all claims for damages from libel, slander, invasion
of privacy and any other claim based on the use of such photographs.
Any member of the
wedding party and/or guest who do not wish their photograph to be used for promotional purposes
should request that their picture not be taken. KC Photography is not liable for any photograph
taken of a member of the wedding party or guest if KC Photography was not informed by the
member or guest that they did not wish for their photograph to be taken.
COMPLETION SCHEDULE: To ensure the best possible photographs, careful consideration and
concentration must be allowed for creative editing. Therefore, KC Photography’s completion
schedule depends on the shooting schedule and projects on the editing table at the time of the
wedding. KC Photography guarantees that the photographs will be delivered to the client in a
reasonable period of time. Please wait patiently to allow the creative process to flow and allow KC
Photography time to do its magic.
FORCE MAJEURE: This contract is subject to the photographer's ability to work, and performance
of photographer's services shall be excused in those instances wherein the photographer cannot
appear due to sickness, accidents, riots, strikes, epidemics, acts of God, transportation or any
other legitimate condition beyond their control. In any such event, KC Photography’s liability is
limited to the return of all payments received for the wedding and any deposits not used in securing
a replacement photographer and Client agrees to hold KC Photography harmless from any
liabilities and/or damages.
FORUM SELECTION: In the event that a dispute arises regarding this contract, Client agrees that
Parker County courts will have the exclusive jurisdiction over any and all disputes brought by client
arising from this contract.
ASSIGNMENT: This agreement binds and inures to the benefit of the parties’ successors and
assigns. This Agreement is not assignable, delegable, or otherwise transferable by KC
Photography in whole or in part without the prior written consent of Client. Any transfer,
assignment, delegation or transfer by KC Photography without such consent is invalid.
SEVERABILITY: If any portion of this agreement is held to be unenforceable, the unenforceable
portion must be construed as nearly as possible to reflect the original intent of the parties, the
remaining portions remain in full force and effect, and the unenforceable portion remains
enforceable in all other contexts and jurisdictions.
ENTIRE AGREEMENT: The agreement contains the entire understanding between KC
Photography and Client. It supersedes all prior and simultaneous agreements between the parties.
The only way to add or change this agreement is to do so in writing, signed by all the parties. If the
parties want to waive one provision of this agreement that does not mean that any other provision
is also waived. The party against whom a waiver is sought to be effective must have signed a
CAPTIONS AND PLURAL TERMS: All captions are for purposes of convenience only and are not
to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have
the same meaning in the plural and vice versa.
The parties have read all pages of this agreement, agree to all its terms, and acknowledge receipt
of a copy of the entire agreement signed by both parties.
Client’s signature: _______________________________ Date: ____________________
Sarah Ann Caffey
MAILING ADDRESS: _____________________________________________________________
PHONE NUMBER: ____________________________
Saturday, April 22, 2017
$3,050 ($1950Wedding, $350Bridals, $200 Second Photographer)
Wedding Day Coverage:
Full Wedding Day Two Photographers @ Sandy Oaks Ranch
Full Bridal & Engagement Sessions in Devine, Texas
** ALL TRAVEL/ACCOMMODATION FEES ARE INCLUDED IN THE TOTAL WEDDING PRICE ABOVE.
Initial Retainer: 50% or 25% BRIDE SIGNATURE: PHOTOGRAPHER SIGNATURE:
March 25, 2016
Amount: $______ X_____________________
Secondary Retainer Payment 25% (If applicable)
December 31, 2016
Amount: $______ X_____________________ X_______________________
Final 50% Payment due on or before the wedding date:
April 22, 2017
Amount: $_____ X______________________ X_______________________
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