PHOTOGRAPHY & VIDEOGRAPHY AGREEMENT FOR WEDDINGS
This agreement is made between Kristopher Magana (Magaña Photography) and the undersigned individual for the provision of photography services for the event detailed below.
Services
The Photographer agrees to provide portraiture and event photography services, including the taking of pictures and/or video as agreed by both parties. Services include vision development, candid and posed photography, and post-production work.
Deposit & Payment: A non-refundable deposit of 50% of total amount is required to secure your date and time. This deposit covers pre-event arrangements and reserving the date. The deposit will be applied towards the total amount billed.
Final Payment: The remaining balance is due before the delivery of ANY photos and/or videos to the Client.
Payment Methods: Payments can be made via Venmo, CashApp, Zelle, Apple Pay, or Cash.
Non-Refundable Deposit: The agreed deposit is non-refundable and will secure your event date and cover pre-event planning. In the case of cancellation by the Client, the deposit will not be refunded. However, in circumstances where the event is canceled due to reasons outlined in the Force Majeure section, the Photographer may decide, at their sole discretion, to refund the deposit or reschedule the services to a new date, subject to availability.
Audio Recording: To ensure high-quality audio capture during the event, the bride and groom agree to be connected to a lavalier microphone ("lav mic") throughout the day.
Purpose: The lav mic will be used to record clear audio during key moments such as vows, speeches, and other significant interactions.
Responsibility: The Photographer (or designated assistant) will be responsible for setting up and managing the lav mic equipment. The bride and groom will be informed about when and where the lav mic will be placed and how to wear it comfortably.
Privacy: The recorded audio will be used exclusively for the purpose of creating the final video product. The Photographer agrees not to use any audio recordings for other purposes without the express permission of the bride and groom.
Equipment Handling: The bride and groom are responsible for ensuring the lav mic remains securely attached and functional throughout the event. However, the Photographer will monitor and adjust the equipment as necessary.
Consent: By signing this agreement, the bride and groom give their consent to be recorded via the lav mic and understand the purpose and use of these recordings.
Liability: In the event that the Photographer cannot perform this agreement due to an emergency, acts of God, or other unforeseen circumstances beyond the control of the parties, the Photographer will not be held liable except to refund the fees paid by the Client. Liability is limited to the amount paid under this contract.
Substitution: In case of an extenuating circumstance on the Photographer’s part, the Photographer will find and hire an alternative photographer or reimburse the full amount paid by the Client, including the retainer fee.
Reservation of Time: Upon signing this agreement, the Photographer will reserve the agreed time and will not make another reservation for that specific time frame.
Event Duration: Coverage begins at the agreed-upon start time and ends at the agreed-upon end time as outlined in the final itinerary.
Travel Fees: Travel fees apply to locations 60 miles outside Fresno, CA.
Creative License & Coverage: The Photographer will have discretion over the photographs taken, and while the Photographer will make every effort to meet the Client’s requirements, no specific picture or shot is guaranteed. The Photographer’s movements may be restricted by venue officials, and the Photographer is not responsible for any obstructed views.
Delivery of Files: Allow up to 6-8 weeks for delivery of photos and 8-10 weeks for video. Photos are delivered via an online gallery & videos will be delivered via an online link. All edited media will be delivered digitally unless otherwise stated. Delays may occur during high-demand seasons, and the Photographer will communicate any expected changes in delivery timelines.
3-4 weeks for expedited photo services.
GALLERY ACCESS
Additional individuals or parties (referred to as "Guests") may be granted access to an online gallery at the discretion of the Main Client. However, all images and videos available to Guests will contain watermarks. Guests will have the option to purchase non-watermarked images if desired.
MAIN CLIENTS & GUEST ACCESS
Main Clients: The primary contracting party (referred to as the "Main Client") will receive full access to all final images and videos in high resolution, free of watermarks. The Main Client will have the right to download and use the delivered files for personal or organizational purposes, as outlined in this agreement.
Guest Access: Additional individuals or parties (referred to as "Guests") may be granted access to an online gallery at the discretion of the Main Client. However, all images and videos available to Guests will contain watermarks. Guests will have the option to purchase non-watermarked images if desired. The gallery will be available for a period of 90 days. Unauthorized sharing of photos is prohibited.
Usage & Distribution: The Main Client is responsible for ensuring that any distributed files comply with this agreement. Unauthorized sharing of non-watermarked files with third parties not covered under this agreement negatively impacts the Photographer/Videographer’s business and ability to sustain high-quality services. To protect both parties, redistribution of non-watermarked files outside of permitted use is strictly prohibited unless explicitly approved by the Photographer/Videographer.
Copyright and Reproduction Rights: The Photographer retains the copyright to all photographs. The Client is granted a personal use license to print and share the images with family and friends. The Client may not sell the images or use them for commercial purposes without the Photographer’s permission.
Image Storage and Archival: The Photographer will store the final edited images for a period of one year from the event date. After this period, the Photographer is not responsible for storing the images, and additional copies may be subject to a fee.
Client’s Responsibilities: The Client is responsible for providing a detailed timeline and ensuring that all relevant individuals are aware of the photography schedule. The Client will also ensure that the Photographer has access to the venue and any required locations for photography. The Client is responsible for ensuring all necessary individuals are present and ready for group photos as outlined in the itinerary.
Media Release & Use of Likeness: The Client grants the Photographer the right to use the photographs of the event in advertising, portfolio, web content, or other commercial uses. The Client and all individuals photographed release the Photographer from all claims related to the usage of the images.
Meals and Breaks: For events lasting longer than 5 hours, the Client agrees to provide a meal for the Photographer.
Force Majeure: In the event of cancellation due to circumstances beyond either party’s control (Force Majeure), the Photographer will not be held liable for failure to perform. In such cases, the Photographer will make reasonable efforts to reschedule services, but the deposit remains non-refundable unless otherwise agreed by both parties.
Dispute Resolution: Any disputes arising from this Agreement will first be attempted to be resolved through amicable negotiation between the parties.
Confidentiality: Both parties agree to maintain the confidentiality of any sensitive information shared during the course of this agreement.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall continue in full force and effect.
Digital Media Backup and Responsibility: The Photographer will take all reasonable steps to back up digital files. However, the Photographer is not responsible for loss or damage of files after they are delivered to the Client.
Permits and Venue Restrictions: The Client is responsible for securing necessary permits or permissions for photography at the event venue. The Photographer is not liable for delays or disruptions caused by a lack of permits.
Entire Agreement: This Agreement constitutes the entire agreement between the Photographer and the Client and supersedes all prior discussions, agreements, or understandings of any kind.
Damage to Equipment: The Client acknowledges that they are responsible for any damage to the Photographer’s equipment that occurs as a result of negligence or intentional acts by the Client or their guests. If the Photographer’s equipment is damaged due to such actions, the Client agrees to cover the repair or replacement costs of the damaged equipment. The Photographer will provide an itemized invoice for any necessary repairs or replacement costs.
Exclusive Photographer: The Photographer will be the sole professional photographer at the event. No other photographers are allowed unless express permission is given by the Photographer.
Role of Associate/Assistant Photographer: The lead photographer may, at their discretion, employ an associate/assistant photographer to assist during the event. The associate/assistant photographer will support with tasks such as additional coverage, equipment setup, and capturing different angles.
Compensation: Any fees for an associate/assistant photographer will be included in the agreed package price. The client will not be charged separately unless additional photographers are added beyond the initial agreement.
Quality and Consistency: All work performed by an associate/assistant photographer will meet the same high-quality standards as the lead photographer’s work to ensure consistency in the final product.
Notification: The client will be notified if an associate/assistant photographer is assigned to their event.
Content Ownership: The lead photographer retains full ownership of all content captured during the event, including that of the associate/assistant photographer.
Itinerary: An itinerary must be provided by the Client before the event or discussed and created in collaboration with the Photographer. The Photographer is not responsible for capturing anything not included in the itinerary.
Lodging:If the event is located 4 hours or more away from Fresno, CA, a hotel room must be booked and paid for by the Client or the final cost will be adjusted to include lodging costs.
Overtime: If the event lasts longer than the agreed time, a surcharge of $200 per hour will be added to the final payment.
Cancellation Policy
By Client: If the Client cancels the event, the deposit will not be refunded.
By Photographer: If the Photographer must cancel, all fees paid will be refunded. The Photographer will endeavor to assist in finding a substitute photographer.
Planning and Coordination: Effective planning and coordination between the Client and the Photographer are essential to ensure a smooth and successful photography experience.
Initial Consultation: An initial consultation will be scheduled to discuss the Client's vision, preferences, and specific requirements for the event. This consultation may take place in person, over the phone, or via video conference.
Timeline Development: The Photographer will work with the Client to develop a detailed timeline for the event. This timeline will include key moments to be photographed, specific group shots, and any other special requests. It is the clients responsibility to update the photographer of any changes.
Pre-Event Communication: The Client agrees to maintain open communication with the Photographer in the weeks leading up to the event. Any changes to the schedule, location, or other details should be communicated as soon as possible.
Venue Walkthrough: If deemed necessary by either party, a walkthrough of the event venue may be scheduled prior to the event. This allows the Photographer to assess lighting conditions, identify potential photo opportunities, and plan for any logistical challenges.
Rehearsal Coverage: If the event includes a rehearsal, the Client and Photographer may discuss whether the Photographer’s presence is required.
Final Itinerary: A final version of the event itinerary, including all photography-related details, must be provided to the Photographer no later than [30] days before the event. The Photographer is not responsible for capturing moments or images not included in the final itinerary.
Client’s Point of Contact: The Client agrees to designate a point of contact (such as a wwedding planner or trusted friend) who will assist the Photographer in coordinating group shots, managing the schedule, and handling any unforeseen issues on the day of the event.
Special Image Requests: The Client is welcome to provide a list of desired shots (e.g., specific groupings or moments). While the Photographer will make every reasonable effort to capture these images, there is no guarantee that all requested shots will be possible due to time, weather, availability of subjects, or other factors beyond the Photographer’s control. The Photographer is not responsible for images missed due to restrictions imposed by the venue or its staff.
Raw Files: The Photographer retains all rights to the raw, unedited images and will not deliver these to the Client unless explicitly agreed upon in writing. The Client will only receive fully edited and retouched images.