| A Treasure Chest of Memories Digital Photography (972) 203-7401 |
| Photography Agreement |
ENTIRE AGREEMENT: This agreement is made under and shall be constructed and enforced in accordance with the
laws of the state of Texas. This agreement contains the entire understanding between “A Treasure Chest of Memories
– Digital Photography” and “The 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.
EVENT RESERVATION: Upon your signature, “A Treasure Chest of Memories – Digital Photography” will reserve the
time and date agreed upon, and will not make other reservations for that time and date. For this reason, the
Reservation Deposit of _______________ dollars is non-refundable. If the date is changed or event cancelled for any
reason, including acts of God, fire, strike, and extreme weather, the Reservation Deposit will be forfeited. The
Reservation Deposit is to be paid at time of signing the contract and will be applied towards the photographic prints to
be ordered.
PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the event date in order to finalize
the actual shooting times, locations, and “The Client’s” request list (in writing) for specific photographs. The client will be
responsible for, or have someone designated, to identify people of whom specific photographs are desired. The
photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying
people or gathering people for photograph(s). In the case of weddings, the bride and or groom agree to set aside at
least 30-minutes of time before the ceremony commencement of the wedding and a 45-minute time frame afterward for
photographs that cannot be obtained during the wedding including group shots. If the bride's or grooms late arrival
prevents this 30-minute window from occurring the photographer shall not be held liable for failure to take desired
photographs.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the
definition of this assignment. “A Treasure Chest of Memories – Digital Photography” shall not be held responsible if key
individual’s failure to appear or cooperate during photography sessions or for missed images due to details not
revealed to “A Treasure Chest of Memories – Digital Photography”.
“A Treasure Chest of Memories – Digital Photography” recommends that “The Client” designate an "event guide" to
point out important individuals for informal or candid photographs to the photographer (see above) during the wedding
that they wish to have photographed. The photography schedule and selected methodology are designed to
accomplish the goals and wishes of “The Client” in a manner enjoyed by all parties. “The Client” and “A Treasure Chest
of Memories – Digital Photography” agree that cheerful cooperation and punctuality are therefore essential to that
purpose. Shooting commences at the scheduled start time.
HOUSE RULES: The photographer is limited by the guidelines of ceremony official or reception site management. “The
Client” agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for
moderation of guidelines is “The Client” responsibility; “A Treasure Chest of Memories – Digital Photography” will offer
technical recommendations only.
DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by “A
Treasure Chest of Memories – Digital Photography” are protected by Federal Copyright Law (all rights reserved) and
may not be reproduced in any manner without “A Treasure Chest of Memories – Digital Photography” explicitly written
permission. “The Client” must obtain written permission from and compensate “A Treasure Chest of Memories – Digital
Photography” prior to “The Client” or its friends and relatives publishing or selling the photographs for any purpose.
MODEL RELEASE: “The Client” hereby grants to “A Treasure Chest of Memories – Digital Photography” and its legal
representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of “The Client” or in
which “The Client” may be included, for editorial, trade, advertising and any other purpose and in any manner and
medium; to alter the same without restriction; and to copyright the same. “The Client” hereby releases “A Treasure
Chest of Memories – Digital Photography” and its legal representatives and assigns from all claims and liability relating
to said photographs.
WEDDING EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that “A Treasure Chest of Memories – Digital
Photography” will be the exclusive and only wedding photographer. “The Client” acknowledges that they are responsible
for notifying all of their guests that guest photography is not permitted at any time the professional photographer’s are
working. “A Treasure Chest of Memories – Digital Photography” suggests that a separate notice be placed in the
invitations. The formal photography time is for the express use of the studio to capture the formal wedding portraits.
Because of time constraints and the need for subjects to give full attention to the professional photographer, guest
photography cannot be permitted. “A Treasure Chest of Memories – Digital Photography” will allow guests to take
snapshots during the processional and recessional, during candid events at the church, and at the altar during the time
the studio equipment is being packed up. Guest photography at the reception will be allowed at any time. In return for
this consideration the studio insists no other guest photography take place when or where “A Treasure Chest of
Memories – Digital Photography” is working.
COOPERATION: “The Client” is responsible for the conduct of their guests. “The Client” will direct all other service
providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer.
Coordination with other service providers is necessary to complete all the photography as scheduled. The clients should
share the photography schedule with other service providers to make sure that there are no conflicts with times. In
addition, events during the wedding day should be planned to make the best use of time from all vendors. “A Treasure
Chest of Memories – Digital Photography” will not tolerate verbally or physically abusive behavior, nor will it share its
time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes
with photography will seriously affect the quality of the photographs taken and increase the number of photos that must
be created. If “The Client” is unable to control the conduct of their guests or if the conduct of any of their guests
damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. We
understand that in such an event, no refunds will result.
COMPLETION SCHEDULE: Digital processing and creation of DIGITAL PROOF CD/DVD takes approximately 2 weeks.
Creation of prints takes approximately 2 to 4 weeks from date order is placed.
PAYMENTS: “The Client” agrees that the deposit of _______________is required at the time of contract and all
moneys due for the printing of images will be due at the time of ordering prints. The deposit, unless otherwise forfeited,
will be used toward the purchase price of prints ordered, with the balance returned at time of delivery of the finished
prints. If no prints are ordered, the deposit will be refunded upon the return of the DIGITAL PROOF CD/DVD. If no
prints are ordered, and the DIGITAL PROOF CD/DVD is not returned after a period of (30) days from the DIGITAL
PROOF CD/DVD delivery date, the deposit will be forfeited to “A Treasure Chest of Memories – Digital Photography”.
LOCATION PERMITS AND ENTRY FEES: If “The Client” chooses a location for their photographic session that charges
an entry fee or a photographer permit fee, those fees will be paid by “The Client” upon entry to the location, and will not
be considered as any payment toward the deposit or purchase of any prints, and will under no circumstances be
refundable by “A Treasure Chest of Memories – Digital Photography” for any reason.
DIGITAL PROOF CD/DVD: All proofs will be in the format of a DIGITAL PROOF CD/DVD that can be viewed on your
home or office PC. The DIGITAL PROOF CD/DVD is for the sole purpose of selecting the prints that you wish to
purchase, and remains the property of “A Treasure Chest of Memories – Digital Photography”. All images contained
within the DIGITAL PROOF CD/DVD are copyrighted, and remain the property of “A Treasure Chest of Memories –
Digital Photography”. (If the purchase price of your order meets or exceeds your full deposit amount, you may keep the
DIGITAL PROOF CD/DVD at no additional charge.)
PHOTOGRAPHIC PRINTS: The purchase price per print is as follows: (4 X 6 prints are $2.00 each) (5 X 7 prints are
$4.00 each) (8 X 10 prints are $6.00 each).
DIGITAL NEGATIVE: A copy of any digital negative will be available at the rate of $5.00 each, and will come with a
release to allow you to reprint, share, e-mail, or copy the image as often as you would like. The original digital negative
shall remain the property of “A Treasure Chest of Memories – Digital Photography” with all rights reserved as previously
stated.
PENALTY FEES & CHARGES: There is a $50 charge on checks returned for any reason.
RIGHT OF WITHDRAWAL: The studio's discovery of new information, changes, or other factors tending to circumvent
its policies could result in its withdrawal. Non-cooperation; changes of locations, facilities or times available; missed
appointments; and bad or returned checks are examples of contributing factors. Should the studio initiate the
withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided.
In case of withdrawal, $75 an hour is billed for all photography services already provided, and $20 an hour is billed for
all other services, consultations, and all driving time, rounded up to the nearest half-hour. If the studio withdraws -- the
client will not be billed for any services in excess of their deposits (except if deposit was in form of returned checks).
LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency it could be necessary to
retain a different photographer. “A Treasure Chest of Memories – Digital Photography” will make every effort to secure
a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and
liability is limited to the return of all payments received for the event package. “A Treasure Chest of Memories – Digital
Photography” takes the utmost care with respect to exposure, transportation, and processing the photographs including
using professional grade equipment and professional grade backup equipment. However, in the unlikely event those
photographs have been lost, stolen, or destroyed for reasons within or beyond our control, “A Treasure Chest of
Memories – Digital Photography” liability is limited to the return of all payments received for the event package. The limit
of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total
number of originals.
PERFORMANCE: The performance of this contract on behalf of “A Treasure Chest of Memories – Digital Photography”
shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by
suppliers, and / or conditions beyond its control.
SERVABILITY: 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.
AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and
only those changes or modifications specifically placed in writing, attached, signed and dated by “The Client” and “A
Treasure Chest of Memories – Digital Photography” at the time of this contract’s signing shall be recognized as
amendments to this contract.
A Treasure Chest of Memories
-Digital Photography-
826 Avenue C
Duncanville, Texas 75137
972-203-7401
