Wedding Agreement

Standard Terms and Conditions

This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date (as defined above) by and between Kellee Walsh (“Photographer”) and the persons identified as the Bride and Groom (“Client”).

1. DEFINITIONS

1.1. “Assignment” refers to the wedding day and any related photography services described above that the Client is specifically commissioning the Photographer to perform.

1.2. “Cancellation” means that the Assignment is cancelled by the Client and not rescheduled. In the event of cancellation, the Client will be responsible for those fees, costs and charges set forth in section 5.2 below.

1.3. “The Photographer” means Kellee Walsh.

1.4. “Postponement” is the rescheduling of the Assignment by the Client at least 60 days prior to the Assignment to a mutually agreeable date, and no more than 120 calendar days after the original Assignment date.

1.5 “Work” means all photographic images, negatives, digital files, prints or other materials created by the Photographer while performing the Assignment.

1.6 “Other Photographers” refers to professional photographers other than those employed by the Photographer, individuals acting in a manner of a professional photographer and/or videographers taking still images.

2. LIMITS OF LIABILITY

The Photographer takes the utmost care with respect to the exposure, development and delivery of all photographs. However, in the event that the Photographer fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, the Photographer’s liability to the Client shall be limited solely to a refund of all money paid by the Client to the Photographer, and the Client’s sole remedy shall be receiving a refund of all money paid by the Client to the Photographer.

3. SPECIFIC IMAGES

The Photographer and the Client further agree that that the Photographer cannot be held responsible for any specific image that may not be delivered. The Client acknowledges and understands that the Photographer uses a highly photojournalistic approach to the Assignment, with few prearranged or posed shots. Any failure by the Photographer to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by the Client to the Photographer, and the Photographer shall not provide any other remedy to the Client.

4. PAYMENT SCHEDULE

The Client must pay the retainer and final payment described below before the Photographer has any obligation to perform the Assignment. The Client’s failure to pay the retainer and final payment shall be deemed a material breach of this Agreement, shall result in damage to the Photographer, and shall relieve the Photographer from performing any services under this Agreement.

4.1. RETAINER

The retainer fee reserves the Photographer’s services for the Assignment on the date and time, and at the location(s) described above. The retainer fee is due and payable when the Client signs this Agreement. The retainer is non-refundable.

4.2. FINAL PAYMENT

The final payment is due and payable at least 30 days prior to the date of the Assignment.

5. POSTPONEMENT, CANCELLATION & LIQUIDATED DAMAGES:

5.1 POSTPONEMENT

The Client acknowledges that in the event that there is a Postponement of the wedding the Photographer will be harmed, and that the Client will notify the Photographer of a Postponement as soon as possible in order to minimise the Photographer’s damages. If there is a Postponement, the retainer fee paid is non-refundable as described in Section 4.1 above. It shall be as liquidated damages and not as a penalty which represents a compromise portion of the actual damages sustained by the Photographer due to a Postponement.

5.2. CANCELLATION

The Client acknowledges that in the event that there is a Cancellation of the wedding the Photographer will be harmed, and that the Client will notify the Photographer of a Cancellation as soon as possible in order to minimise the Photographer’s damages. If there is a Cancellation, the retainer fee paid is non-refundable as described in Section 4.1 above. It shall be as liquidated damages and not as a penalty which represents a compromise portion of the actual damages sustained by the Photographer due to a Cancellation.

6. CLIENT COOPERATION & UNDELIVERED WORK

The Photographer cannot perform the Assignment without the cooperation of the Client. In the event that the Photographer is unable to deliver a portion of the Work, or other goods, required under this Agreement, due to a failure of the Client to cooperate or to provide necessary approvals regarding the Work, or other goods, to the Photographer, then the Photographer shall not be obligated to deliver that portion of the Work or other goods to the Client, but instead the Photographer and the Client agree as follows:

6.1. STUDIO CREDIT (6 MONTHS)

If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 6 months after the Assignment, then the Client shall receive a Studio Credit for the undelivered portion of the Work or other goods required under this Agreement. The Client may purchase the undelivered Work or other goods at the Photographer’s then current pricing.

6.2. ARCHIVE FEE (12 MONTHS)

If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 12 months after the Assignment, then the Client shall be charged a $250.00 archive fee to maintain storage of the undelivered Work or other goods. This archive fee shall be in addition to any other sums paid by the Client pursuant to this Agreement.

6.3. TERMINATION (18 MONTHS)

If the Client does not perform the necessary acts or approvals related to the Work, or other goods, within 18 months after the Assignment, then the Photographer’s performance of the Assignment shall be deemed complete, and this Agreement shall terminate. Upon the termination of this Agreement, the Photographer shall have no further obligation to the Client to store the undelivered Work or other goods. The Photographer shall assume no responsibility for storing the Work or other goods provided under this Agreement, and the Photographer shall not assume any liability if any portion of the Work is lost, stolen, damaged or otherwise unavailable to the Client.

7. SOLE PHOTOGRAPHER

The Photographer shall be the sole professional photographer at the event. The Client acknowledges that the presence of Other Photographers will adversely impact the ability of the Photographer to create the Work and as a result the Work may fail to meet the standards represented by the Photographer in its portfolio and samples.

8. COPYRIGHTS

The Work created by the Photographer during the Assignment constitutes the copyrighted work of the Photographer. The Work at all times shall remain the property of the Photographer. Any portion of the Work delivered to the Client is for the Client’s personal use only. The Client may not sell or reproduce, nor authorise the sale or reproduction of, any portion of the Work without the Photographer’s written consent.

9. MODEL RELEASE

The Client shall permit the Photographer to use images of the Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to the Client or the Client’s agents. The Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by the Client and the Photographer for the duration of the Assignment, and the Client shall defend and indemnify the Photographer from and against any claims that any of the Client’s guests may assert against the Photographer arising from, or related to, the use of any name, image, or likeness of the Client’s guest[s] by the Photographer and Client during the Assignment.

10. MEALS

If the Assignment lasts longer than six hours, the Photographer and the Photographer’s crew shall be provided hot meals and refreshments. If the Client does not provide such meals, then the Client agrees to reimburse the Photographer for meal expenses for the Photographer and Photographer’s crew.

11. ILLNESS & INJURY

In the unlikely event that the Photographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond the Photographer’s control, then the Photographer shall refer the Client to another professional photographer to perform the Assignment from the network of photojournalistic wedding photographers maintained by the Photographer. The Photographer will work in good faith to find the best replacement photographer possible for the Assignment. The Photographer shall not be responsible for the services provided by any such replacement photographer, and the Photographer shall not be liable for any damage or injury sustained by the Client, if any such replacement photographer retained by the Client, fails in whole or in part, to perform the Assignment.

12. DANGEROUS CONDITIONS

If, during the Assignment, the Photographer or her crew are exposed to: (a) conditions which imperil or cause the Photographer or her crew to fear for their safety, or (b) objectionable or illegal acts to which the Photographer and her crew do not wish to be a party or witness, then the Photographer reserves the right to immediately protect the Photographer’s interests, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, the Photographer will not refund any moneys paid by the Client. The Client shall indemnify the Photographer from any damage or injury that the Photographer or her crew may sustain, arising from, or related to, any hazardous conditions which imperil or cause the Photographer or her crew to fear for their safety, while performing the Assignment.

13. NO WARRANTY OF LONGEVITY

The Photographer does not warrant the longevity in the quality of any digital media or files delivered to the Client. The Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the files.

14. COLLECTION

In the event that the Photographer is required to file a legal action to collect fees due from the Client under this Agreement, or to otherwise enforce this Agreement, then the Photographer shall be entitled to recover all cost and expenses incurred by the Photographer relation to such legal action, including an award of reasonable attorney’s fees.

15. JURISDICTION & VENUE

This Agreement was negotiated, executed and delivered within the state of New South Wales, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the internal laws (and not the conflict of laws) of New South Wales applicable to the construction and enforcement of contracts between parties residing in New South Wales which are entered into and fully performed in the New South Wales. Any action or proceeding arising out of, relating to or concerning this Agreement, including, without limitation, any claim for breach of contract, shall be filed in New South Wales courts and in no other location. The parties hereby waive the right to object to such location on the basis of venue.