Please type "N/A" if there will be no special traditions.
Please type "N/A" if there will be no restrictions or guidelines.
Please type "N/A" if there will be no specific locations for group photos.
• SESSION FEES / RETAINER •
A Retainer Fee of 50% and Signed Contract are required to reserve your wedding date and is non-refundable. However, the retainer fee will be applied to the total cost of your wedding package. The non-refundable retainer is a fee that retains the photographer's services for your scheduled wedding date that the photographer has turned down other work for.
The Retainer Fee will be due within 14 days (two weeks) of this contract being signed by the Client. The total cost of the wedding package is due 30 days (one month) prior to the wedding date. Payments can be split up leading up to the wedding in a payment plan that is agreed upon between the client and Michael Cary Photography. No photography will be fulfilled without payment in full 30 days (one month) before the wedding date.
• CHANGE OF DATE OR VENUE •
Michael Cary Photography must be notified immediately of any changes in schedule or location, at least two weeks (14 days) prior to scheduled date of the wedding. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client's responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information as listed, the client must notify Michael Cary Photography.
• TRAVEL EXPENSES •
If travel is required, the Client is responsible for all travel, accommodations, meals, and transportation expenses. If traveling by vehicle, a $0.57 per mile fee (to/from) is required for events outside the 30-mile radius of zip code 38451 in the State of Tennessee. Other travel fees for transportation to and from the event location(s), and overnight accommodations is due prior to the event date. Lodging is required for more than twelve (12) consecutive hours of transportation time plus photography coverage. Photographer will be reimbursed in full by Client for all reasonable housing and travel expenses including, but not limited to hotel costs, vehicle rental fees, plane tickets, mileage costs, tolls, and parking fees. If the event is cancelled, the travel fees will not be refunded.
• EXCLUSIVE PHOTOGRAPHER •
Michael Cary Photography shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors SHALL NOT interfere with the photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images.
• COPYRIGHT INFORMATION •
The photographs produced by Michael Cary Photography are protected by US Copyright Laws (US Code Title 17) and the Berne Convention of 1886 and MAY NOT be edited, sold, reproduced, cropped, or altered in any manner. Client hereby waives any claims of ownership, income, editorial control, and the use of the images.
It is a breach of this agreement to not only reproduce or change the images, but to display them on social media networking sites (Facebook.com, Twitter.com, Instagram.com, etc) without crediting Michael Cary Photography. If displayed on social networking sites, any photo shared on the internet should be either captioned crediting Michael Cary Photography (@mcexposures) or tagging Michael Cary Photography (@mcexposures) in the actual photograph.
• CANCELLATION OR POSTPONEMENT POLICY •
There shall be NO refund of retainer after the signing of agreement due to the reservation of the photography date. If the event is cancelled within 90 days (three months) of the wedding date, the client shall pay the balance of the contract due to the high probability Michael Cary Photography will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Michael Cary Photography. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Michael Cary Photography of the cancellation. Clients who want to postpone (reschedule) may do so one time with no fees with the retainer fee being carried over to the new date, any further postponements (rescheduling) will result in a $250 rescheduling fee, each reschedule. Postponement Fee is non-refundable. Any other arrangements shall be discussed between the client and Michael Cary Photography. All arrangements will be put in writing.
• CREATIVE LICENSE •
Images are edited at the photographer's (Michael Cary Photography) discretion and delivered images may not include all images shot. The photographer (Michael Cary Photography) reserves the creative right to edit and release only those deemed credible as professional quality and within the photographer's artistic standards. All images released are high resolution JPEG/JPG. RAW files are not released nor will be allowed for purchasing or viewing.
• FLASH DRIVE STORAGE •
Due to the lack of information about how long flash drives can hold information, Michael Cary Photography recommends clients back up images on another media format other than flash drives, such as an external hard drive. Michael Cary Photography also recommends making multiple copies of the images from the flash drive to ensure the images for years to come. Michael Cary Photography cannot be held responsible for the failure of the flash drives due to mishandling. It is the client's responsibility to keep several copies of any flash drive in more than one location and back the images up on another format such as a hard drive.
• ARCHIVAL OF IMAGES •
After you receive your images, Michael Cary Photography archives the photos for a total of 180 days (six months). After the 180 day archival, if you lose the copy of images from your session, there is an archival fee of $85.00 to have a gallery of your images re-uploaded so you can download the digitals.
• FAILURE TO PERFORM •
Due to the limited and subjective nature of the event, Michael Cary Photography cannot be held responsible for photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone in or at the event, or by the church, venue, or location restrictions. The photographer is not responsible for the lost photo opportunities due to other cameras or flashes, the lateness of the client, or other principles, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Michael Cary Photography will be used for organizational purposes and in no way represents photography that will be produced. Michael Cary Photography will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all locations fees and permits.
• FORCE MAJEURE •
If Michael Cary Photography or its assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to road closures, severe traffic, fire, terrorism, other causes beyond the control of the parties, or due to the photographer's illness, then Michael Cary Photography shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Michael Cary Photography.
• PHOTOGRAPHER SUBSTITUTION •
In the extremely unlikely event of severe personal illness, coronavirus, or other extreme acts of nature beyond the control of Michael Cary Photography which precludes the photographer from performing the duties of coverage, Michael Cary Photography will attempt to arrange for a substitute photographer of high qualification, per client approval of said photographer. The client and Michael Cary Photography both assume the risks and dangers of the photographer's travel and if the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while Michael Cary Photograph is en-route to the event, the photographer will refund the client all monies paid, less the retainer.
• SECOND PHOTOGRAPHER •
Michael Cary Photography will hire a second photographer, if applicable to client's chosen package and enhancements, and the photographer will be of Michael Cary Photography’s choosing.
• EVENT FOOD SERVICE •
A meal is required for Michael Cary Photography for events of six hours or longer.
• PRINTING OF THE IMAGES •
The photographer is not responsible for any prints that are not ordered directly through Michael Cary Photography.
• PRINT LIFE •
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Michael Cary Photography from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities on such prints ordered through Michael Cary Photography.
• NEGLIGENCE •
If negligence on the client's part, or the part of any individuals that accompany the client, causes any equipment, props, or any of the photographer's property to malfunction or become damaged, that the client will be liable for the cost to repair or replace said item(s).
• SOCIAL MEDIA •
The Client may share post links and albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
• MODEL RELEASE •
This contract serves as a model release, giving Michael Cary Photography the irrevocable right to use the photographs in all forms and in all media and in all manners for advertising, trade, promotion, exhibition, or any other lawful purposes. Michael Cary Photography can grant the use of the images to third parties and all compensation for use and credit for the images remain the property of Michael Cary Photography.
The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photo(s) or the use to which it may be applied, included written copy that may be created and appear in connection therewith. This release is binding on the client and their legal representatives.
• DELIVERY OF PRODUCTS •
Client will receive their final high resolution, hand edited JPEG/JPG images via an online gallery no later than 12 weeks (three months) following the date. This does not include any requests by client for further edits or enhancements.
• INDEMNIFICATION •
Michael Cary Photography shall be held harmless for any and all injury to
client during the course of the photography session and the immediately
surrounding events.
• ATTORNEY FEES •
If either party to this contract brings legal action against the other party to this contract to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
• ENTIRE AGREEMENT •
This agreement contains the entire understanding between Michael Cary Photography and Client. It supersedes all prior agreements between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
• OTHER •
The undersigned in this contract have read and understood the contract and agree to the terms and conditions in their entirety. Only the client (or signers of this document) can discuss any problems that arise.
We kindly ask you get in touch with us 14 days (two weeks) prior to the date of your wedding to touch base and go over last-minute details. We will make every effort to contact you, but it is the client's responsibility to contact Michael Cary Photography to confirm the details and times.
Michael Cary Photography retains the copyright to all images produced by Michael Cary Photography and/or subcontractors. If purchasing Hi-Res images on a flash drive, clients will be given a written print release to make personal copies of images on the flash drive. The client understands the images given on flash drives cannot be used for profit or advertising and all posting of images on the internet need to be credited images to Michael Cary Photography (@mcexposures).
