AGREEMENT:

The agreement constitutes an order for wedding, elopement, or event photography services, including the taking of wedding photos/imagery as agreed to by both parties: Rachel Waters  (The Artist) and contacting party (The Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, digital images, negatives, video clips, or videos, thereof shall remain property of The Artist and may be used for advertising, display, or any other purpose thought proper by Rachel Waters. By signing this agreement, Client is giving The Artist permission to publish any photo whether online or in print for any reason she sees fit.

Any associate photographers, second photographers, assistants, or contracted employees working for or under The Artist are protected by this contract at all times.

This agreement constitutes the entire agreement between parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject matter. Each party acknowledges that in entering this agreement has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty other than expressly set out in this agreement.

If anything needs to be addressed or changed regarding this contract, it shall be brought to the attention of The Artist before any amendments are considered and made.

SUMMARY of the CONTRACT:

The Artist is hired for providing for the Client photographic and/or cinematic services and products as detailed below. The Client undertakes to engage The Artist for this coverage for the prices as detailed below.

WHAT’S INCLUDED:

– The Artist’s time and talent, including a pre-event consultation that may be made via email, phone, Facetime/Zoom, if meeting face-to-face will not work.

– Photography coverage by The Artist (and second photographer/videographer/assistant if applicable).

– The Artist’s expertise and time to cull, re-touch, and edit digital files and/or video.

– A collection of edited, high-resolution images, delivered via digital download in a private online gallery. Additional flash drives of the wedding gallery may be purchased at $100/ea.

– Permission to print and share images and/or videos online with credit.

– A printing and social media sharing release.

– Unlimited consulting during my business hours.

– Any additional sessions, add-ons, prints or products that are purchased with a collection or separately, if applicable.

WHAT HAPPENS NEXT:

– The Artist will receive a $1000 non-refundable retainer paid by The Client or the financially responsible person to reserve the Client’s date. The date is not reserved until the retainer is paid in full. The Artist will hold your date for 48 hours once the contract has been requested.  After that, the date is opened up again if a retainer is not paid. The retainer may be split up into two payments, two weeks apart if needed. The date will not be held without the first payment installment. No matter who pays the retainer, the contract and agreement will solely be between The Client(s) and The Artist. 

– The Artist and Client will schedule any needed engagement, bridal, lifestyle, or boudoir sessions, and will make those happen. Sessions will take place on weekdays, typically 1-2 hours before sunset. If a weekend session is needed, there will be an additional sitting fee of $100. There will be a $150 fee for any sessions scheduled during the weeks of Thanksgiving, Christmas, or New Year’s.

– The final remaining balance is due thirty (30) days before the event or wedding. Payment plans may be set up. It is up to The Client to reach out to arrange any payment options.

– The Artist will cover your wedding or event with her skills, equipment, and, if hired, her assistant/second photographer/videographer.

– The Client will receive their full wedding galleries within 8-16 weeks of their wedding date. Highlight reels will be sent within 30 days post wedding-date.

– The Artist will keep your images for six months online after the gallery is delivered. After six months there will be a $300 fee to retrieve them for any reason, though after six months, Rachel may no longer keep or maintain the images. It is the Client’s responsibility to download images or film(s) within the six month time frame. Please back up your photos or film(s) onto a flash-drive, external hard-drive, or online cloud storage multiple times. The Artist claims no responsibility for the images/video(s) once they have been delivered/sent to The Client.

RETAINER:

The retainer of $1000 (unless otherwise specified) holds your date and is non-refundable should the Client no longer require services. Should you need to reschedule your event, a free reschedule is allowed within 8 months of your original date. If The Artist is not available for your new date, options available would be an associate team or a session/print credit in the amount that has been paid. If rescheduling needs to occur outside of the 8 month window, a new retainer fee of $500 must be paid, and any new collection changes would be honored. Should more than 1 reschedule need to happen, a new retainer and any new collection pricing will be applied. Once the retainer has been paid and the contract has been signed, The Artist is turning down all other potential Clients for that time and date. Should anything arise where The Client needs to cancel services, there will be no refunds given unless the original date/time is able to be re-booked by The Artist. At that point, the retainer will be refunded in full, but any other monies already paid to The Artist will be forfeited. 

BALANCE:

The full balance of wedding or event coverage, any additional items, mileage, travel fees, or miscellany is due thirty (30) days before the event date and is payable by cash, personal checks made to Rachel Waters, and major credit cards.  Any expenses such as tolls, additional travel fees, etc that were not covered in the original final balance will be billed to the Client.

ADDITIONAL FEES:

A $150 fee will be charged for any returned checks. |  If the client fails or refuses payment or delivery by terms, the Artist shall charge the Client a service fee of $300 per month.  | In the case of a cancellation, there will be no refunds given, but services can be re-booked or money paid can be traded for future sessions. | In the case of a cancellation thirty (30) days of less prior to the event (without a backup date secured), a $500 cancellation fee will be in effect and will be added onto the full balance. | Should the Client decide that they no longer need the Artist’s services, liquidated damages shall be charged at the amount of the retainer and any additional amount paid from the remaining balance. | Requests for changes to the final delivered images will be subject to an editing surcharge of $25/image. | Any additional hours in which the Artist and assistant provide services at the event will subject to $500 per hour. | For any miles traveled outside of the Oklahoma City Metro area, a standard fee of $0.55 per mile will be charged, past the first 20 miles. | There will be a $750 fee for any re-delivered or re-edited videos once they have been delivered to The Clients.

FAILURE to PERFORM and LIMITATION or LIABILITY:

Should the Artist have an emergency and is no longer able to provide her services due to a fire or other casualty, strike, act of God or terror, illness, global pandemic, or other cause beyond the control of the Artist, The Artist will make every effort to secure a replacement photographer/videographer or associate shooter.  If Rachel is still able to process and edit the images, she will do that so that everything is still as cohesive with what The Client booked as possible. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received towards the event delivered by a payment plan until all monies are returned and nothing more. Under no circumstances can The Client hold liable the Artist for anything more than the total of payments received.

This limitation also applies in the event that the photographic/cinematic materials and/or equipment are damaged, lost in processing or camera malfunction, lost in the mail, or otherwise lost, stolen, or damaged without fault of the Artist. In the unlikely event of a total photographic/cinematic failure (ie–everything was somehow lost before delivery) or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the signed contract. Neither party shall be liable for indirect or consequential loss.

CAPTURE and DELIVERY:

Images will be taken digitally, unless The Clients purchase a film package. The Clients will receive the high-resolution, edited JPEGs in an online gallery. RAW images are not available to clients, but unedited JPEGs can be purchased for an additional rate. The Artist is not liable to deliver every image or instance of footage taken at the event. Not every person present at the event is guaranteed to be photographed or shown in any final products. The Artist will put every effort into capturing each scheduled moment such as the first kiss, bouquet toss, cake cutting, etc, but delivery of photos/video is not guaranteed due to unforeseen circumstances, changes in lighting, scenery, or sudden movement, etc. The determination of images delivered to the Client is left to the discretion of the Artist. Most clients can expect anywhere from 40-90 photos delivered per hour of shooting time, though that number is not guaranteed. 

POST PRODUCTION and EDITING:

The final post production and editing styles, effects, and overall look of the images/video(s) are left to the discretion of The Artist. The Client gives complete artistic licensing to The Artist. The Artist will edit images/videos as she sees fit. Under no circumstances can Clients or anyone from their party alter, edit, add filters, or crop any images taken by The Artist. Doing so would be a breach of contract. After one strike, there will be a copyright infringement fee of $500/instance.

EXCLUSIVE ARTIST:

Rachel Waters shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, family, friends of the Client can photograph/video as long as they do not interfere or get in the way of the Artist’s duties.  If there is interference by a guest, family member, or friend of the Client’s, it is not the Artist’s fault for anything missed due to interference.  If repeated and intensely uncomfortable interference or disrespect occurs after informing The Client, the Artist has the right to pack up and leave without taking any more photos/video. It is the Client’s responsibility to inform guests of this. 

It is highly recommended by The Artist for Clients to consider an “Unplugged Ceremony” where cell phones, iPads, and other cameras are not allowed–the perfect way for all your guests to be completely present.

Under no circumstances can a guest, family member, or friend use any images that they take for any facebook photography business pages, websites, portfolios, etc during the event. Doing so is a breach in this contract and the person responsible for using images for business or profit will be addressed, and will be fined $150/instance.

COPYRIGHT:

To manipulate, duplicate, edit, crop, or otherwise alter any images/video taken by Rachel Waters/The Artist is a breach in copyright laws and must not be done.  No images may be used in contests or sold for profit without permission from the Artist. If sold for profit, the Artist must be compensated. Photographs/video taken by The Artist may be used for purposes of display, advertising, portfolio, website, or any publication to promote The Artist’s business. The entire copyright in the photographs is retained by the Artist at all times throughout the world. Where a disc, flash drive, or digital download gallery has been presented to the Client(s) as part of the event/wedding collection, these photographs/video(s) may be printed and/or displayed online, for personal but not commercial use. The Artist retains the right in all cases to use in any manner.

MODEL RELEASE:

The Client hereby assigns Rachel Waters the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, or editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter the same restriction; and to copyright the same without restriction.  The Client releases all claim to profits that may arise from the use of images. Should The Clients not release their images to be used by The Artist, a separate fee of $2500 will be paid and a NDA will be signed by all parties.

USE of IMAGES and CREDIT:

At no time shall any images be uploaded online or on social media (Facebook, Twitter, Tumblr, Instagram, Blogs, etc) without proper credit accompanying each image. No filters or editing may be applied to photos taken by the Artist, as that is a beach in this contract. Any photos uploaded online without proper credit will be taken down until proper credit is received. 

Proper credit would be: “© www.rachelwaters.co” or “© Rachel Waters” or something linking to The Artist’s website or social media pages.  If any photos are uploaded online in any manner, a link to the Rachel Waters’ website, (www.rachelwaters.co) must be present.  In the event that photos are uploaded onto Facebook or Instagram, my Facebook page (www.facebook.com/rachelwaters) or Instagram name (@rachelwaters.co) must be credited.
Clients may not tag any of my “personal” pages. Do not tag my personal facebook if we are friends, but please tag my business page.

RESPECT of the THE ARTIST:

If the event lasts more than four (4) hours, the Artist (and her assistant) kindly expect to be fed. The Artist would prefer to eat when everyone else is eating, where everyone else is eating, and what everyone else is eating. If you are serving a buffet, The Artist would prefer to be able to go through immediately after The Clients/wedding party/family, so she can stuff her face quickly, and then continue her job. A well-fed photographer is a happy photographer. If the Photographer and assistant are not fed during the reception/when guests are eating, they will present receipts to the Client to be reimbursed for any refreshments needed and may leave site to grab nourishment.  In the event that the Artist and her assistant leave the venue in order to get a meal, they will not be held responsible for any photos or shots missed. If the event continues to last longer than the parties agreed on or if the Artist feels as though she is getting repeated shots (ie–three hours of dance floor photos), the Artist will consult the Client if they may be interested in a faux send-off or “final photos” and may leave accordingly. 

Should there be any interference by guests regarding personal space, equipment, unnecessary use of language, any disrespect either verbal or physical, harassment of any kind, etc, the Artist will talk to the Client or person in charge. If repeated harassment persists, The Artist will leave. Should The Artist feel unsafe at any point, immediate action must be taken and/or The Artist will immediately leave the situation. If things continue to be unsafe without any intervention taking place, the Artist will leave the site all together and will not deliver any photos of the event. 

Since this contract will be signed by the couple I will be serving, I kindly require all shot-list additions, editing requests on delivered images/videos, or any photo ideas from any guest, family member, or friend of The Client to be in writing, signed off/okayed by The Client, and delivered by The Client via email before my reviewal. Any additional edits to any images once they have been delivered will be available at a rate or $25/image. At this point, there will be no re-edits of videos.

Should The Artist feel at any point unsafe or disrespected by The Client or anyone in The Client’s parties, The Artist will cancel the contract immediately. 

HOUSE RULES:

The Artist and her assistant are limited by the guidelines of the ceremony official or reception cite management.  The Client agrees to accept the technical results of the imposition of the Artist. Negotiation with the officials for moderation of the guidelines is the Client’s responsibility.  If there are any fees or extra expenses for renting specialty equipment to photograph in certain venues, they are the responsibility of the Client and arrangements will be made prior to the event to get any fees taken care of.

ARTISTIC LICENSING:

The Artist reserves the right to artistically interpret what and how she sees fit.  By signing this, the Client is giving the Artist creative licensing to shoot, edit, compose, film, and re-touch how The Artist deems appropriate. There may be moments when images are not “technically” perfect (ie, could have motion blur, grain, light leaks, sun flares, etc). It is The Artist’s discretion to deliver emotion over perfection. 

In the case of the Client giving the Artist a detailed shot list, the Artist does not guarantee the capturing or delivering of every image on the list, as checklists inhibit the creative expertise of the Artist and stifle the innovation and artistic flow of the Artist.

Upon reviewing samples of the Artist’s work and by meeting with the Artist or communicating through other means, the Client has decided to invest in the Artist’s services and skills, recognizing that Rachel Waters will be responsible for how the final product looks.  If you do not like The Artist’s editing or shooting style, then do not book her.

REALISTIC EXPECTATIONS and DAY OF COORDINATION:

There is no way to know what photos will be produced from the endeavor simply because this is an event in the future and will be unstaged. There is no guarantee, either expressed or implied, in regard to the quality or number of images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Artist.  The Artist does not guarantee that everyone involved or present at the event will be photographed or included in the final images or video(s). It is helpful to appoint a “photo coordinator” to gather family, friends, or guests of importance for formal portraits.

It is also recommended that The Client have realistic expectations in regards to the final photo products.  If The Client wants “light and airy” getting ready images, but gets dressed in a cluttered, poorly lit barn, then the “light and airy” getting photos won’t happen. If The Client wants sunset/golden light photos, but the day is rainy or the timeline got out of control and portraits weren’t done until after the sun went down, then the golden light photos aren’t going to happen.  It is recommended that The Client and The Artist talk about a timeline that will suit everyone so that the chances of missed photos or time is lessened. It is also up to The Client to be up front with The Artist about what they are hoping for and expecting. The Artist is not a mind-reader, nor is she an actual wizard.

The Client understands that each image will go through an editing process, determined by The Artist. It is up to The Client to be aware of The Artist’s editing style and to make sure they like it before booking. The Artist will not alter her editing style, unless a fee of $1500/wedding is paid, and then The Client can determine exactly what the final edits look like.

It is highly, highly recommended that The Client hire a day-of coordinator to keep the timeline on check. Wedding days run so much smoother with one person (who isn’t the one getting married or too emotionally-attached) to help keep things organized. If The Artist must become the role of The Coordinator or Planner on the event day due to things not being organized well, and if The Artist must step in to help make the day flow or stay on schedule, The Artist will bill The Client after the event date for a flat rate of $500.

If anyone orders any prints from the gallery delivered by The Artist, it is up to The Client or their guests to determine if crops/bleedings of lines/etc are laid out properly before ordering their prints. The Artist is not responsible for any mis-prints due to Client error. Most digital cameras take frames that measure out to 8”x12” instead, of, say, 8”x10”. When in doubt, print the longer option if the composition fills the frame as not to crop anything out unnecessarily.

The Client is aware that color dyes in photography may fade or discolor over time due to inherent qualities of dyes, and the Client releases the Artist from any liability for any claims whatsoever based upon fading or discoloration due to those inherent qualities.  It is recommended to print and order products through Rachel Waters and is recommended to store any photos in albums or in cool, dry, shaded areas. The Client is aware that digital files may be corrupted due to media deficiencies and random interference and will not hold the Artist responsible under any circumstances.

COLLECTION PRICING:

Any Rachel Waters wedding or elopement collection is determined by The Client’s wants and needs. Sales tax is not included, nor are any travel fees and will be added on where applicable. The Client is legally bound to pay the full amount by the terms set forth. Any neglect to pay the full amount will be subject to additional fees by terms set forth.

After the signing and submitting of this contract, an invoice detailing the balance, collection type, travel fees, and any extras will be emailed to the Client. It is up to the Client and the Artist to work out a payment plan, if necessary, and is up to the Client to inform the Artist when they want to pay, should the arrangement differ from this contract.

CLIENT’S SIGNATURE and DETAILS:

An electronic signature or typed full name will be sufficient as the legally binding signature.  Any information the Client and the Artist exchange electronically in regards to the contract will be sufficient as legal information as well. For a copy of the terms highlighted in this contract, please request a pdf file via email for your references.

Any changed details must be agreed upon by the Artist and the Client. It is the Client’s responsibility to let the Artist know about any changes in time, location, date, etc. For any changes in any collection, date, etc, a new contract must be signed and the old one must be voided. If new collection pricing has been introduced by the time any new contract is signed, a new collection must be chosen and any new pricing updates must be honored.