Emily Michelle Photography
Wedding contract and information
Agreement/Jurisdiction: The person(s) whose electronic signature(s) appear on this contract, known as "Client", agree that Emily Michelle Photography, Emily Waldrep, known as "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 Texas shall govern this contract, and any resulting arbitration shall take place within Hardin County, Texas. Client assumes responsibility for all collection costs and legal fees incurred by Photographer 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.
Retainer and Payment: Client shall reserve the time and date of services by electronically signing and returning this contract along with a non-refundable, non-transferable reservation retainer of $500, regardless of the total package fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 24 hours before the event date. A $500 payment toward your balance is due at any bridal, boudoir, or engagement sessions that occur before the session takes place. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event.
Payment Parties: Photographer understands that parents/third parties often pay for parts of the wedding. For all intents and purposes, this contract is only between the signing parties of the BRIDE and GROOM regardless of who physically pays for the wedding package. If Client is not the paying party, the Client agrees that paying party will have not be included in Contract with Photographer and all communication and liability will be held between Client and Photographer.
Cancellation: If for any reason Client cancels this contract before the wedding date, Photographer will keep the retainer and all fees paid as liquidated damages to the photographer. Cancellation must be made in writing and signed by the contracted party. If Client fails to supply written cancellation as specified before the wedding date OR cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
Reschedule: In the event that Client reschedules the wedding and Photographer is able to rebook the original wedding date, Client will receive full credit for all monies already paid and a new $250 date retainer fee must be paid to retain the new date. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Photographer is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided Photographer is available.
Liability: If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional as a replacement, all money received by Photographer, minus expenses and the full cost of any bridal, engagement or additional sessions already completed, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total, minus any completed bridal, engagement or additional sessions or products already provided. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Death of Photographer: In the case of death of Photographer, if no replacement is found for your wedding date, all monies paid will be refunded within 365 days of your wedding date by either Photographers parents or husband. Money may be paid back in payments. If Photographer has already completed your wedding at the time of death, there are working measures in place to ensure that you receive your images. Full editing of images is not guaranteed, and in which case, editing by a third party will be allowed and the copyright portion of this contract with be released. If no images are received within 365 days of death, a refund will be processed by the person or persons handling Photographers estate.
Photo Return: Client will receive images in an online digital gallery that will be active for 30 days. Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer 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. If client fails to download images within 30 days, a $125 re-upload fee will be required to re-upload your album for an additional 30 days.
Pricing: Services, sessions or merchandise not included in this initial contract will be sold at current price when an order is placed. All elements not booked within the package are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All print/album credits and sessions must be used within 6 months of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance. All sessions purchased or included within wedding packages do not include hair, makeup, travel costs, location costs or extra images and included sessions or products will be Emily Michelle Photography's base package or product unless otherwise specified.
Responsibilities: Unless agreed upon in advance, Emily Michelle Photography shall be the exclusive photographer retained for the event. Any and all second shooters must be hired through Emily Michelle Photography, and no third party photographers will be allowed. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions, including family and bridal portraits. 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, or restrictions of the venues or officiate. 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. 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.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: FIRST OFFENSE - a verbal warning will be issued to a family member of the client; SECOND OFFENSE - the offending person will be required to leave the wedding or event; THIRD OFFENSE - Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. All start to finish wedding packages begin 2.5 hours prior to the set ceremony time and end at the last reception event. Additional travel or coverage hours may be added by agreement on the wedding day by the client 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. Any lists supplied will be used for organizational purposes only. 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.
Other Photographers: Emily Michelle Photography and her assistants or second shooters shall be the only hired professional photographers at the event. Other professional photographers are not allowed. Family may take photographs but will not be allowed to use flash indoors, and will be asked to turn flash off. If family member refuses to turn flash off, Emily Michelle Photography will cease coverage of the event until flash is removed. There will be absolutely NO photography during posed family, bridal party or bride/groom shots. Those taking photos will be asked to stop, and if there is a refusal, Emily Michelle Photography will stop coverage of the event until cameras are removed.
Dinner and breaks: If a wedding is 5+ hours in length, Client agrees to provide Photographer, second shooter and any assistants with dinner and a 20-30 minutes uninterrupted lunch/break period. Photographer may also take 10 minute breaks at her discretion during down times during the wedding activities. Photographer is not responsible for any missed moments during her lunch break, and will let bride and groom know before taking a break. Photographer often takes break right before the bride and groom sit down to eat, to ensure no moments are missed. If no meal is provided for the photographer, the photographer will take her lunch break off the premises at a nearby place of business that serves food.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution digital download sets may contain a mixture of color, black and white, and selective color images. Color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab. Post procession time can vary from 4 weeks to 15 weeks, depending on the total amount of images in your final album. Albums with 300 images will have a shorter editing turnaround than albums with 1,500 images. Each image is individually edited with care by the photographer, and are not outsourced to any edited companies or third party editors.
Image Selection: The photographer chooses to include a large amount of images within wedding packages. Barring images that are exact duplicates, test shots, unusable, etc, most images from the event are included in the final gallery. This means that there will be images that include closed eyes, back of head shots, candids, subjects not posed, subjects not looking at the camera. The photographer chooses to let the client make the final decision on which images they would like to keep or discard. If you would like a more strict and less lenient culling of your images by the photographer, please let the photographer be aware of that in the SPECIAL REQUEST section of the intake form at the bottom of this contract and only the "best of the best" images will be included in your final album.
Model Release: 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 Emily Michelle Photography. 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.
Copyright: All photographs taken by Emily Michelle Photography are her property, will remain her 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 not to re-edit images in any manner without written permission. Should Photographer become aware of Client re-editing images without permission, Client will remit a usage fee of $300 per image, per usage to Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release 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) without written permission from Emily Michelle Photography.
FREQUENTLY ASKED QUESTIONS
Q: Should I hire a second shooter or assistant?
A: I highly recommend adding a second shooter to your package! I try to keep second shooters very affordable, because they are absolutely invaluable on your wedding day. Some perks of including a second shooter in your package include double the amount of final images, images of both the bridal party and groomsmen getting ready, images of both the bride walking down the isle and the grooms reaction to seeing their bride for the first time (this can be hard to get with just one photographer) and quicker execution of family and bridal party portraits so you can get back to your guests at the reception.
Q: When do I need to decide on adding a second shooter?
A: I would try to decide ASAP. Second shooters often book up quickly, as they are in high demand, so I like to reserve and secure someone as soon as I can. You do not have to decide when you sign your contract, and can take some time to discuss it!
Q: Is 2.5 hours enough time to get photos of us getting ready?
A: In my experience, yes! More than enough time! I usually arrive at the tail end of your hair and makeup, and then have the MUA or hair stylist do touchups on your bridesmaids if needed for photo purposes! I always get photos of you getting dressed, hanging out with your bridal party, and detail shots. You can add extra time if you feel like you need it, though!
Q: How many other events will you photograph the weekend of my wedding?
A: None! I reserve Friday nights, and all of Saturday for my weddings!
Q: What happens if you are sick, you get in a car accident, get lost, etc?
A: If I am sick (I would have to be DEATHLY ill to miss a wedding) or in some sort of accident, I will hire a replacement photographer that shoots with the same caliber of equipment and same style as me to attend your wedding. I will still edit your images, and provide the rest of the services paid for! I've been a photographer for 7+ years now, and have only had to miss one wedding due to being ill, and I hope to keep that number at 1! If were to get lost, I will start coverage of your wedding as soon as I arrive. If I am more than one hour late, I will provide a refund of the amount of hours I have missed. Thankfully, I have never gotten lost going to a wedding, and I try to make a drive by of the venue before the day of the wedding!
Q: I have an aunt/uncle/cousin that is a photographer and would like to take pictures also, is that okay?
A: Yes, and no. I'm not super strict on others taking photos but I do ask that guest do NOT leave their seat to take photos during the ceremony at ANY time. There will also be a no camera rule during posed family, bridal party and bride/groom portraits. This is to ensure everyone is looking the same direction and not at other cameras, and that things move as smoothly as possible so that you can get back to the reception and your guests in a timely manner! I also have a very strict no flash rule for indoor photography. Other cameras using flash could interfere with my flash and lighting, so this is to ensure that my equipment functions properly all night and that your images are the best that they can be! I understand that others want to take photos, but remember that your professional photographer is there to complete a very important job, and needs a distraction free work environment for best results!
Q: What kind of equipment do you use? Do you have backups?
A: I shoot with Canon products and yes, I have backups! I shoot with three cameras and I bring them to every wedding.
2 Canon 5D MK III's
1 Canon 5D MKIV
I also have a large variety of lenses
Sigma ART 35mm
Sigma ART 50mm
Sigma ART 85mm
Sigma ART 135mm
Canon L Series 70-200 2.8 IS II USM
Canon L Series 24-70 2.8 USM
I also shoot with a large variety of lighting equipment included 6 flashes, flash stands, and 2 LED lights and LED light stands, plus on camera flashes and diffusers.
Q: What will you wear?
A: Typically I wear dark jeans or black leggings with black tennis shoes and a black "Emily Michelle Photography" t-shirt. This is to ensure I can bend down, sit on the ground, lay on the ground, and stay on my feet comfortably for 8+ hours. If your wedding is more formal or if you'd prefer me to wear "wedding attire", please let me know! I can wear a black dress or romper, but I do not wear heels or jewelry at weddings, and my hair has to be up in a ponytail. This is to ensure I can stay on my feet all night, and that my jewelry and hair doesn't snag or hang in my equipment, especially when I need to quickly move it around.
Q: What information do you need from me before the wedding date?
A: About a week before the wedding, I would like to have a timeline of events as well as a family shot list, and an important shot list if you have one! That is all I need!
Wedding Day Tips
Getting ready photos are some of my favorites! Some venues provide an area to get ready, but if you are choosing to get ready outside of the venue or off-location, try to choose a spot thats light and bright. If you choose to get ready in a hotel room, book a larger suite if at all possible, and leave all of the windows open.
It's also important to keep your getting ready area clean and free of trash and clutter the day of the wedding. When I arrive, I usually designate 1 or 2 bridesmaids to clean up the area, and then designate a hidden spot for bags, purses and boxes. It is a lot easier if you let your bridesmaids know ahead of time that the room needs to be kept neat and clean for image purposes.
Normally, I don't take photos of every bridesmaid getting their hair and makeup done, as it is very time consuming. If you'd like, you and your fellow bridesmaids can take some photos of your bridesmaids getting ready with your cell phones, and text them to me after the wedding. I will edit them to match your wedding photos as closely as I can, and include them in your album. Once I arrive, I typically will get the MUA to run through a touch up of makeup for your bridesmaids, and a touchup of makeup and hair for the bride, and I get more then enough images that way.