ENTIRE AGREEMENT: This agreement contains the entire understanding between Seth Alwin Photo Works, LLC and the client, who is hiring Seth Alwin Photo Works, LLC for their photography services. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
PHOTOGRAPHERS: Seth Alwin Photo Works, LLC, consists of photographers Seth & Rachel Alwin. When hired, Seth & Rachel Alwin will be the main photographers for the session. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Seth Alwin Photo Works, LLC will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
PAYMENTS: Upon your signature, Seth Alwin Photo Works, LLC will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a non-refundable deposit of half of the total package is required. The deposit is to be paid at time of signing the contract. The deposit is applied towards the contracted picture session. A second payment of the remaining session price is due two weeks prior to the event date. Payment may be paid via check or cash. Make all checks payable to Seth Alwin. If for any reason a check should be returned without payment, a $25.00 fee will be charged. If the returned check represented a deposit, the event date will not be held until the deposit and returned check fee have successfully been paid.
CANCELLATION: Cancellation or change of date requests must be submitted in writing to Seth Alwin Photo Works, LLC no later than 14 days prior to the scheduled event. If the client wishes to reschedule the session, this will be done at no charge and is dependent on Seth Alwin Photo Works, LLC’s availability. If the client wishes to cancel services, the deposit will be forfeited. A refund for all additional paid money will be issued to the client up until 14 days before the event. If the client fails to notify Seth Alwin Photo Works, LLC of any changes or cancellations, no refund will be given and the session will be cancelled.
IMAGE DELIVERY: Seth Alwin Photo Works, LLC will deliver finished images no later than six weeks following the session. Images will be made available to the client through Seth Alwin Photo Works, LLC's online proofing server. Full-resolution digital files will be available to the client via electronic download for a period of 90 days.
COOPERATION: Cooperation is KEY! The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Seth Alwin Photo Works, LLC is not responsible for key individuals’ failure to be present or to cooperate during photography sessions or for missed images due to details not revealed to Seth Alwin Photo Works, LLC. The client is responsible for the conduct of their subjects. If the client is unable to control the conduct of their subjects, resulting in an unacceptable degree of misconduct, or if the conduct of any of their subjects damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The client understands that in such an event, no refunds will be granted for services rendered.
SHOOTING TIME/ADDITIONS: The client and Seth Alwin Photo Works, LLC, agree that positive cooperation and punctuality is essential for proper lighting and overall image production. Shooting will commence at the scheduled time. The bride and groom agree to set aside at least a 30-minute time frame after the ceremony for photographs that cannot be obtained during or before the ceremony.
HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client’s responsibility; Seth Alwin Photo Works, LLC will offer technical recommendations only.
ARTISTIC CONTROL AND EDITING: All images delivered to client will have the exposure and color optimized for the best quality product possible. Seth Alwin Photo Works, LLC, will provide a minimum of 400 pictures in a mix of B&W and color. Artists reserve the right to edit and release only those images deemed creditable as professional in quality and within the Photographers' artistic standards. All color/B&W selections, crops, or other edits will be permanent and at Seth Alwin Photo Works, LLC’s discretion. Any requests to alter final edits will incur a minimum $50/hr charge. Under no circumstances can the images be edited or altered by anyone but Seth Alwin Photo Works, LLC.
COPYRIGHTS: All digital files are owned and produced by Seth Alwin Photo Works, LLC, and are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Seth Alwin Photo Works, LLC’s written consent. Written consent for reproduction and display rights will be assigned and sent to the client.
PERMITTED USES: Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: the client agrees all reprints and any publication will be used for personal use only. If the client chooses to post images to social media sites, credit must be given to Seth Alwin Photo Works, LLC. At no time will the client assume images to be of their own work.
EXHIBITION: The client grants Seth Alwin Photo Works, LLC permission to display any and all images resulting from this contracted session as an example of Seth Alwin Photo Works, LLC’s work, for advertisement, social media marketing, and/or for entrance into competitions and release all claims to profits that may arise from such images.
PARTICIPANT INJURY: Seth Alwin Photo Works, LLC will not be held liable for any injuries incurred while photographing the client, their family, friends, and other participants. Seth Alwin Photo Works, LLC does have liability insurance.
TRAVEL EXPENSES: No travel fees will be assessed for events within 20 miles of Wausau, Wisconsin. Travel fees for events outside of these locations will be quoted by Seth Alwin Photo Works, LLC.
RIGHT OF WITHDRAWAL: Seth Alwin Photo Works, LLC's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. If Seth Alwin Photo Works, LLC initiates the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided.
LIMIT OF LIABILITY: Seth Alwin Photo Works, LLC takes the utmost care with respect to exposure, transportation and processing of your photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the client’s photographs being lost, stolen or destroyed for reasons within or beyond Seth Alwin Photo Works, LLC’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein.
SEVERABILITY: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.