Thank you for submitting your wedding service agreement! We will review and confirm you as soon as we can. In the interim, please print the terms and conditions below for your records.
Terms and Conditions:
1. Booking / Reservation Request - I understand that I am submitting a retainer and request for a wedding booking and that my requested date is only officially booked with The Photographer once written confirmation is received by the client. If the requested wedding date isn't available for The Photography, and an alternate date for the wedding is not possible, The Photographer will return the retainer payment received and this agreement will be null and void.
2. Retainer / Final Payment - a 50% retainer is required in order to book date and once confirmation is issued, your date is blocked off. Therefore, all retainers are non-refundable. Final payment is due 14 days prior to your wedding date. Photography will not commence until payment in full is received by The Photographer. Cancellations less than 30 days prior to your wedding date will result in the full balance being due and payable to Trish Barker Photography.
3. Image Ownership / Copyright - This agreement constitutes an order for photography services. It is understood that any and all proofs / samples / prints / image files / negatives remain the exclusive property of The Photographer and are protected by federal copyright law. Prints/Image Files/Negatives included in the originally purchased package or purchased after the fact come with an Image Use License outlined below. Further, this agreement constitutes a Model Release granting Trish Barker Photography the unrestricted right to use and publish photographs for marketing, competition or other purposes by Trish Barker Photography.
4. Image Use License - image files / prints / negatives included in the purchased package and/or purchased after the fact come with an Image Use License granting The Client the right to print at will for personal purposes only. Images may be printed using the lab of the clients choice, however, for images larger than 8x10 it is recommended that prints be done through Trish Barker Photography in order to ensure best results. Images may be shared on the web / social media with appropriate link and photographer credit but may not be cropped, watermarked or altered in any way. The Image Use License is non-transferrable. The Client may not use the images for commercial purposes or to make a profit.
5. Exclusivity - Trish Barker Photography will be the exclusive photographer for the session/event. Participants are not permitted to photograph the event and may not obstruct the path of or interfere with The Photographer's ability to fulfill their contractual duties.
6. Guest/Vendor/Participant Consent - The Client assumes responsibility to relay to all session participants / guests / vendors the likeliness that they may appear in the Photographers images. By attending the session/event, all participants acknowledge the right to be photographed and The Client takes responsibility for any issues that may arise for The Photographer by performing their duties and using said images as noted as appropriate in this agreement.
7. Artistic Style - on it's own behalf, and on behalf of the subject, The Client acknowledges that it is familiar with The Photographer's portfolio and is requesting services with knowledge of The Photographer's style and chosen mediums and acknowledges that The Photographer's work is constantly evolving, the The Photographer's services are of a unique and artistic nature, that the photos may be different from photographs taken by The Photographer in the past and that in creating the photos, The Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the session/event, which vision may be different from the Client's and/or Subjects vision of the session/event. Accordingly, Client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria. Additionally The Client acknowledges that it is at the sole discretion of the photographer to choose the final images to be delivered to the client and how those images will be edited. The Client also acknowledges that the photographer uses a mixture of different mediums (both analogue and digital) and that it is at the sole discretion of the photographer to choose what medium is used and when.
8. Limited Liability - The Photographer takes utmost care with respect to exposure, transportation, processing and storage of photographs and files. However, in the unlikely event that all photographs have been lost, stolen, damaged or destroyed for reasons within or beyond the control of The Photographer, the Photographer's liability is limited to the return of all payments received for the photographic services/products purchased. The limit of liability for partial loss of originals shall be a prorated amount of the package based on percentage of loss.
9. Failure to Perform - in the unlikely event of injury or illness preventing the photographer from fulfilling photography services for the date/time scheduled, The Photographer will attempt to find a replacement. In the event that The Photographer is unable to find a replacement, The Photographer's liability is limited to the return of all payments received by the client for the services not performed.
10. Archiving - the client assumes all responsibility for archiving and protecting photographs, both in print and image files once delivered to The Client. Though The Photographer does archive images, The Photographer is not responsible for the lifespan of any digital or print media storage of backup files, or for any changes in technology that might result in the inability to read the media provided In the case of loss or damage of files by the client, replacement, if possible, will be performed at a fee charged and determined by The Photographer.
11. Editing - The Photographer is not required to or responsible for altering images to change how they appear in reality, including, but not limited to, a personas weight or appearance, color of clothing, where people appear in a photo, etc.) Basic editing (blemish removal, etc.) will be done by The Photographer on the main subjects at The Photographers discretion. Additional editing, beyond that which is included in the initial image release, can be discussed and may be done at an additional fee.
12. Image Delivery - images are usually delivered within 4-6 weeks of shoot date, however, some image deliveries may exceed this time.
You have submit a photography agreement agreeing to these terms and conditions. Please print this page for your records.