(terms & conditions will be on contract for you to sign as well)
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract below (hereinafter “Client”) agree that MARY KEELEY MCALLISTER PHOTOGRAPHY (hereinafter “MKM” or “Photographer”) shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Alabama shall govern this contract, and any resulting arbitration or litigation arising from this Agreement shall take place within Tuscaloosa County, Alabama. Client assumes responsibility for all collection costs and legal fees incurred by MKM should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement. If any litigation or dispute should arise regarding this Agreement, the prevailing party to the litigation or dispute shall be entitled to all legal costs and expenses incurred by the prevailing party, including attorney’s fees.
Proofs: Photographer will provide USB images and/or proofs, depending upon the package purchased, within 6 weeks of the wedding date. If this date needs to be extended, MKM reserves the exclusive right to extend the date and will notify the Client within a reasonable time if such an extension is necessary.
USB of Images: Upon receipt of a photo USB, Client accepts all responsibility for archiving and protecting the photographs. MKM does not permanently archive image files. MKM is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required
Reschedule: In the event that Client reschedules the wedding within one year of the original wedding date, Client will receive credit for all money already paid to MKM. However, MKM will retain the money paid. A new contract may be required if the date is rescheduled. The new package price will reflect pricing in effect when the new date is scheduled. In the event that Client reschedules the wedding and MKM is not able to rebook the rescheduled date, Client forfeits all money paid. Credit may be applied to wedding coverage within one year of original date provided MKM is available on the rescheduled date.
Cancellation: Upon signature below, Photographer, MKM, reserves the time and date agreed upon, and will not make any other reservations for the time and date. If, for any reason, Client cancels this contract before the wedding date, MKM will keep all money paid. Cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail to the Photographer. MKM reserves the right to make exceptions to Articles 4 & 5; however, MKM reserves the exclusive right to any such exceptions.
Responsibilities: Unless agreed upon in advance, MKM shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semi- professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's duties. Photographer is not responsible for compromised coverage due to causes beyond her control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, equipment malfunctions or restrictions of the venues. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the Photographer a copy of the invitation prior to the wedding. It is acknowledged that any lists submitted to Photographer will be used for organizational purposes only and in no way represents photography that will actually be produced. Photographer will do her best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Image Processing/Printing: The Client agrees that the work delivered will be of a similar style and caliber to work previously performed by the photographer, and that the photographer will have complete creative control during the photographs and in post-processing. Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are performed at Photographer's discretion. Client may request further changes for an additional charge. The client agrees that the photographer can only capture the wedding that happens; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the photographs. Photographer is not responsible for any prints that are not ordered directly from her. If the package selected includes a USB FLASH DRIVE of your images from your event, those images may be reproduced for your personal use as well as gifts. We are not to be held responsible for quality of prints when produced outside of our labs or control. For best results, clients with the high-resolution files should order their prints through a reputable lab. Any selling of the images outside of MKM is strictly prohibited
Model Release: It is understood that any and all previews and negatives arising from this agreement remain the property of the photographer, MKM, and they may be used for advertising, display or any purpose considered proper by MKM. This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MKM. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Images determined by the Photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Copyright: All photographs taken by MKM are its property, will remain its property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Photographer become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Photographer. If high resolution digital files are purchased, the release of such digital files grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).
Payment: Payment terms for the goods and services of MKM to be performed under this Agreement are as follows: 50% DEPOSIT for goods and services is due and payable at the time of booking and the remaining is due within 30 days of the Wedding Date. MKM is not bound to perform any services under this agreement until MKM is paid in full.
Limit of Liability: If Mary-Keeley McAllister 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 or other causes beyond the control of the parties, or due to the photographer’s injury, illness or other significant medical condition (e.g., pregnancy), severe illness or injury in the photographer’s family or death in photographer’s family, then Mary-Keeley McAllister Photography shall return any moneys 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 through no fault of photographer.