WEDDING PHOTOGRAPHY AGREEMENT

Sarah Anne Photography

This Agreement is between Darby Bukowski and Jackson Byam (“Clients”) and Sarah Carson Photography, LLC (“Photographer”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Clients hiring Photographer for wedding photography services. This Agreement shall become effective upon the date of both Parties’ signatures below.

PARTIES

Photographer

Sarah Anne Photography

Sarah@SarahAnnePhoto.com

32745 Stuart Ave SE, Black Diamond WA 98010

253-951-9915

www.SarahAnnePhoto.com

Clients

Client 1: Darby Bukowski

Client 2: Jackson Byam

Email: Darbybski@gmail.com

Address: 6023 34th ave ne

Phone Number: 8318185624

WEDDING EVENT

Wedding Event Date: Saturday August 17, 2024

Wedding Ceremony Address: 5609 Corson Ave S, Seattle, WA 98108

Wedding Reception Address: 5609 Corson Ave S, Seattle, WA 98108

1. Fees & Retainer

Clients shall reserve the time and date of services by signing and returning this Agreement along with a non-refundable reservation retainer equal to $1,000 + Sales Tax (“Retainer”). No date is reserved until this Agreement is signed and the Retainer is received. The Retainer is booking out a full calendar day on the Photographer’s schedule whereby no other clients can be served by Photographer. The remaining balance due for the Photographer’s services must be paid by Clients 30 days prior to the wedding. This final payment shall account for all services provided by Photographer after booking including but not limited to, photography, planning, and communication, engagement session/bridal session, post-wedding editing, all other production services.

Any invoice not paid in full within 5 days of receipt will be charged a $100 late fee and will accrue an additional 5% of the unpaid invoice amount every day thereafter. In the event Clients fail to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all final, edited photographs to Clients.

The fees in this Agreement are based on Photographer’s current pricing at the time of booking. Photographer’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. Clients understand and agree that they cannot downgrade the package and price agreed to within this Agreement after booking, but may upgrade at any time with express, written consent of all Parties. All future upgrades and/or bookings will be charged at the Photographer’s prices in effect at the time.

All payments received towards printed products (i.e., albums) are viable for 1 year starting on the wedding date. Additional fees may occur for printed products as vendors increase their prices yearly.

2. Coverage

Clients have booked Photographer for up to maximum hours specified on the invoice of wedding photography coverage. Coverage starts when Photographer arrives, and the time ends either before or when the maximum hours specified on the invoice hours have elapsed. Photographer will provide coverage for the dates, locations, and maximum hours specified in this Agreement. Additional coverage hours may be added at the rate of $500 per hour to or on the wedding day, must be agreed to by the Parties, and must be paid in full before any photos or products are released to Clients.

Independent Contractor - Second Photographer
Upon the addition of a Second Photographer to the Client’s wedding package, the SAP shall supply an additional professional photographer to assist on the wedding day. The SAP reserves the right and discretion at selecting the appropriate additional photographer.

3. Cancellation by Clients
All cancellations must be made in writing and signed by all contracted parties and be accompanied by payment. The contract cancellation or change form will serve as legal abandonment of the original contractual agreements. If Client terminates this Agreement, Photographer will keep the retainer and any other payments made on or prior to the termination date. Sarah Anne Photography is entitled to a liquidated damages fee in the event of a cancellation by the Client according to this schedule:

• If cancellation occurs from the date of booking up to 180 days prior to the wedding - 25% of the remaining balance is due with the cancellation contract.

• If cancellation occurs 60-180 days prior to the wedding - 50% of the remaining balance is due with the cancellation contract.

• If cancellation occurs less than 60 days prior to the wedding - 100% of the remaining balance is due with the cancellation contract.

Cancellation fees are due immediately upon signing the cancellation contract.

If the client cancels their wedding due to unforeseen circumstances/acts of god that do not leave a reasonable amount of time to make alternate plans, all cancellation fees will be waived. SAP will keep the retainer and release the client of further payments. (i.e., a hurricane wipes out your venue the day before your wedding, it is not reasonable to assume a replacement can be found in time).

Credit may be applied only to wedding coverage within one year (12 months) of the original date, provided Photographer is available.

4. Rescheduling by Client

In the event of a reschedule where a mutual date can be agreed upon, the following terms apply:

1. If the wedding is rescheduled within 1 calendar year of the original date, you are subject to a 15% of the original package rescheduling fee
   
   
2. If the wedding is rescheduled beyond 1 calendar year of the original date, you are subject to a new retainer of 50% of the Total Contract Price.

In the event of a reschedule where a mutual date cannot be agreed upon, the following terms apply:

1. If a mutual date cannot be agreed upon, SAP will keep the retainer fee of $1000+sales tax and all other monies paid, and the Client will be required to sign a Cancellation Contract to release them of further responsibility and the cancellation clause will apply (see “Cancellation by Client" section for fee schedule).

In the event that a rescheduled wedding event does not take place, the following terms apply:

1. A liquidated damages fee of $1,500 will be assessed.

If the client reschedules their wedding due to unforeseen circumstances/acts of God, all rescheduling fees will be waived. This includes local mandates in regards to the pandemic. (i.e., a reception ban mandate is installed the day before your wedding, which would qualify as an unforeseeable circumstance).

5. Exclusive Photographer and Videography
Unless agreed upon in advance, Sarah Carson Photography, LLC shall be the exclusive professional photographer retained for the event and reserves the right to terminate services if another professional photographer is present at the event. Photographer may bring assistants at its discretion. If Clients hire a professional videographer, Photographer will endeavor to work alongside videographer to the best of its ability. Videographer may take still photos at the wedding but shall not post any still photos on its website, Facebook, Instagram or any other social media accounts until at least 12 weeks after the wedding. This is to ensure Sarah Carson Photography, LLC is the exclusive professional photographer at the wedding. Sarah Carson Photography, LLC will make every effort to inform the videographer of this clause, but it is also the responsibility of Clients to inform the videographer of this clause.

6. Image Processing, Retouching, and Edits

Photographer will only deliver high-resolution, edited, .jpeg images to Clients and will not send original RAW files to Clients under any circumstance. Unless agreed upon prior to any editing work, high-resolution photos may contain a mixture of color, black and white, and selective color images.

Photographer only enhances photos through corrections to contrast, exposure, and color according to Photographer’s artistic style as indicated in Section 10. Photographer does not chance any inherent qualities of a person, as it is considered a “cosmetic edit”. Any additional cosmetic edits will be $25 per photo if it requested by the Client after seeing the delivered images and the edited images will not be released to the Client until the invoice for additional edits is paid by Client. Cosmetic edits include, but are not limited to, removing unwanted facial hair, removing blemishes, removing wrinkles, removing unflattering parts of the body, changing hair color, changing shape of nose/eyes/body, adding in sky or clouds, glasses or accessories, shoes, etc. Clients must submit any cosmetic editing requests to Photographer within 30 days of delivery of final gallery, and thereafter no cosmetic changes will be allowed.

The Clients understand that the Photographer is not responsible to edit out the mistakes of other vendors (i.e., wilted flowers, irregularities in makeup application, dress fitting).

7. Poses and Selection of Delivered Images

Clients understand and agree that Photographer will use every reasonable effort to take requested pictures, but no specific pose or photograph can be promised due to the unique nature of wedding days and unforeseen circumstances. Any lists supplied by Clients will be used for organizational purposes only. Photographer reserves the right to edit and release only the images that are deemed professional in quality and within Photographer’s standards. Such selection shall constitute all images that will be made available to Clients.

8. Delivery of Images and Online Galleries

Photographer will deliver final images to Clients within 6-8 weeks of event date through an online gallery. Client and Clients agents will be able to download the full gallery as well as individual photos onto a computer and/or smart phone. Please allow up to 90 days during the high wedding season (July-October) for delivery. The client agrees to not hold SAP or its affiliates liable if the contracted delivery date is extended due to actors of god or unforeseeable circumstances.

Client will also have the ability to purchase professional prints directly from Photographer’s online gallery. Print prices are as marked online at the time of purchase and Photographer reserves the right to alter pricing at any time.

The client's final gallery will remain online for 3 months. At the time of delivery, the client is required to download and backup images separately to ensure the safety of digital assets. Upon delivery of the high-resolution wedding files. the client will be entirely responsible for their wedding photograph files and Photographer shall not be required in any event, to reproduce or replace any such files or photographs that are lost, stolen, or destroyed. It is recommended to make a backup copy every five years.

9. Posting on Social Media

If Clients or Clients’ family and friends post a photograph to social media, they are requested to tag @Sarah_Anne_Photo. They can either link to Photographer’s social media page or type in the website address: www.SarahAnnePhoto.com. Clients and Clients’ families and friends understand and agree to not edit the original photos by filtering or changing the coloring.

10. Artistic Style

Clients have spent a satisfactory amount of time reviewing Photographer’s work and have a reasonable expectation that the images delivered will be in a similar manner and style as indicated on Photographer’s website, social media, and galleries. Clients understand and agree that (1) Photography is a subjective art and Photographer has a unique vision, with an ever-evolving style and technique; (2) Photographer shall have the final say regarding the aesthetic judgment and artistic quality of images; and (3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

11. Inclement Weather

If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a successful ceremony session at the artistic standards of Photographer, Photographer shall notify Clients within 4 hours of ceremony time and will inform Clients of the implications of shooting in light rain or inclement weather. In the event Clients do not elect to do an indoor ceremony, Photographer will try its best to shoot the outdoor ceremony to the best of its abilities, but does not guarantee the quality of images and will protect its photography equipment from rain, wind, and snow damage. Photographer is not responsible for photos it is unable to take due to weather implications and Clients agree to relieve and hold Photographer harmless for any lost photos due to weather.

12. Meals & Breaks

Clients shall supply Photographer and assistant(s) with a free meal during the regularly scheduled time of the dinner at the wedding event. Photographer prefers to eat when the wedding party eats, so that all other essential reception events are captured. Clients will relieve and hold Photographer harmless for any moments or events that may be missed during the mealtime.

13. Model Release

This Agreement serves as a model release giving Sarah Carson Photography, LLC the irrevocable right to use the photographs in all forms, 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. Photographer can grant use of the images to third Parties and all compensations for use and credit for the images remain the property of Sarah Carson Photography, LLC. Clients waive 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 Clients, their legal representatives, heirs and assigns. Photographer will always take into consideration a Clients' request for privacy and will discuss prior to any mainstream publications outside of the business blog.

14. Photo Distribution and Archiving

Upon receipt of photos via online gallery, Clients accept all responsibility for archiving and protecting the Clients’ photographs. Photographer keeps copies of edited .jpeg images for approximately 365 days but does not permanently archive all images. Photographer is not responsible for the life span 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 Clients’ responsibility to make sure that digital files are copied to new media and external hard drives as required. In the event Client asks Photographer to unarchive photos and reupload to an online gallery and the photos are still retrievable by Photographer; an additional unarchiving fee of $500 will apply.

15. Reproduction

The limited, personal photo release grants Clients and Clients’ agents including family and friends, the right to reproduce the images provided for personal use only and does not allow the photos to be altered, sold, or published, including, but not limited to, entering into contests, or submitting to online blogs or publications, without the express written consent of Photographer. Clients and Clients’ agents, including family and friends, further agree not to supply images to any third Parties or vendors without the express written consent of Photographer (including vendors associated with the wedding or album designers).

16. Photographer Copyright

All photographs taken by Sarah Anne Thompson (Sarah Anne Photography) are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17). Clients hereby waive any claims for ownership, income, editorial control, and commercial use of the images. Violations of this federal law will be subject to its civil and criminal penalties.

17. Harassment

Clients shall ensure the appropriate behavior of all guests and other persons at the wedding event. In the event Photographer or any of its agents experience any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding event (including, but not limited to, unwelcome sexual advance and verbal or physical conduct of a sexual nature), Photographer will terminate coverage immediately and leave the event. Photographer shall be entitled to retain all monies paid and Clients agree to relieve and hold Photographer harmless as a result of incomplete photography coverage.

18. Safe Working Environment

Clients understand and agree that photographer maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Clients further understand and agree that during the wedding event Clients and Clients’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, unhealthy air quality, or other similar occurrences. In the event any of these circumstances arise, Photographer reserves the right to end service coverage immediately and/or leave the event. Photographer shall be entitled to retain all monies paid and Clients agree to relieve and hold Photographer harmless as a result of incomplete photography coverage.

19. Venue and Location Limitations

Photographer is limited by the rules and guidelines of the location(s) and site management. Clients agree to accept the technical results of the venue/location’s imposition on Photographer. Negotiation with the officials for moderation of guidelines is the Clients’ responsibility and Photographer will offer technical recommendations only.

20. Permits

Clients are responsible for researching, acquiring, and paying for all permits, licenses, and/or any other necessary permissions for all locations and countries where Photographer will be performing services. In the event Clients do not acquire required permits, licenses, and/or any other necessary permissions and a fine is imposed, Clients shall pay the fine and agree to relieve and hold Photographer harmless.

21. Travel Fees

Clients agree to pay Photographer a travel fee of $1.00/per mile for traveling extending beyond 60 miles of zip code 98010. Any travel extending beyond 2 hours of travel shall incur a fee of $250.00 for one night of lodging and meals during travel.

22. Client’s Responsibility to Secure Insurance

Clients understand and agree that it is their responsibility to acquire any and all travel, flight, and/or wedding event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. Clients agree to indemnify and hold Photographer harmless for all such occurrences.

23. Communication

Photographer’s office hours are 9:00am-4:00pm Monday-Friday. Photographer’s primary source of communication is through its email Sarah@SarahAnnePhoto.com . Photographer will respond to Clients’ emails within those office hours, and no more than 3 days after Clients email Photographer. Prior to the wedding date, Photographer will email Clients Photographer’s phone number and Clients shall text and/or call Photographer if there are any issues related to the wedding photography that need to be resolved immediately.

24. Confirmation of Day-of Photography Schedule

Clients agree to confirm the day-of wedding event photography schedule two weeks prior to event. Notification of any changes in schedule or location must be made within 48 hours of the wedding date. Changes can be made by phone with a follow-up email for documentation. If email is sent by Clients, confirmation of receipt must be obtained by Photographer.

25. Indemnification

Clients shall indemnify, release, discharge and hold harmless Photographer, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Photographer from and against any and all losses, damages, liabilities, and expenses and cost, including reasonable legal expenses and attorneys’ fees, to which Photographer may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Photographer pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Photographer.

26. Maximum Damages

The sole remedy for any actions or claims by Clients shall be limited to a refund, the maximum amount not to exceed the total monies paid by Clients under this Agreement.

27. Limitation of Liability

If, during the event and/or before the image(s) are delivered to Clients, the media has been lost, stolen, or is unusable because of defect, damage, equipment malfunction, processing, or other technical error caused by Photographer or by forces outside the control of Photographer, Clients agree to relieve and hold Photographer harmless and will not impose any additional liability. Liability for a loss of photographs shall be prorated by Photographer based on the percentage of total photographs delivered.

Clients agree to relieve and hold Photographer harmless for any compromised coverage due to causes beyond Photographer’s control including, but not limited to, wedding guests’ smart phones/cameras or flash in photos, the lateness of a spouse, lateness of family members and wedding party members or other principles, videography obstruction, weather conditions, schedule complications, rendering of decorations, or restrictions of venues or officiant. Clients further agree to relieve and hold Photographer harmless for existing backgrounds, obtrusive objects, or lighting conditions that may negatively impact or restrict the photography coverage.

In no event shall Photographer be liable under this Agreement to Clients or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Clients were advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is base.

28. Force Majeure

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5-10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 15-30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The Retainer and all other payments made by Clients up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Clients’ account and must be used within 12 months from the date of Notice of the Force Majeure Event.

Acknowledgment of Covid-19 and No Waived Rescheduling Fee Clause
Clients acknowledge that they are aware of the Covid-19 virus, that Covid-19 is a known global pandemic, and that Covid-19 has the ability to be transferred from close person-to-person contact. Photographer will abide by all local, state, and federal guidelines surrounding Covid-19 will wear necessary personal protection equipment at the wedding event, will practice necessary sanitation procedures, and will perform its services as planned if it can still do so legally under applicable local, state and federal law (“Covid-19 Policies”).

The client understands and agrees that Photographer will not waive the rescheduling fee for any services described in the Agreement if on the wedding and/or event date Photographer can still legally perform services under applicable local, state, and federal law, no matter what parameters are put in place regarding the maximum number of people gathered together or other pandemic regulations or guidelines outlined by the local, state, or federal government. In the event Clients reschedule, Photographer’s rescheduling policies within Section “Reschedule by Client” apply.

Clients further understand and agree that in the circumstance Photographer is unable to legally perform services on the wedding date, the retainer and all other payments made by Clients up to the date of rescheduling due to Covid-19 are non-refundable, but such payments shall be credited to Clients’ account and must be used within 12 months from the original wedding/event date.

This clause supersedes all other clauses under this Agreement for Covid-19 related purposes only.

29. Cancellation of Services by Photographer

In the event Photographer determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of a family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:

1. 1. Immediately give notice to Clients;
2. 2. Attempt to find another competent professional to take its place with the mutual agreement of Clients;
3. 3. If another competent professional is not available or Clients do no agree to transfer of obligations to said alternate professional, Photographer will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. 4. Excuse Clients of any further performance and/or payment obligations under this Agreement.

30. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Clients and remitted by Photographer. All sales tax will be included on invoices.

31. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must by in writing, signed by all Parties, and physically attached to the original agreement.

32. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in King County, Washington. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

33. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in King County, Washington, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

34. Severability & No Waiver

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.

35. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Photographer or Clients without written consent of all Parties.

36. Confidentiality
Each Party acknowledges the confidential nature of the terms and conditions of this Agreement (collectively, the “Confidential Information”) and agrees that it shall not (a) disclose any of such Confidential Information to any person or entity, except to such Party’s representatives, affiliates, employees, advisors and other representatives who need to know the Confidential Information to assist such Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement, or (b) use the Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement. Each Party shall be responsible for any breach of confidentiality caused by any of its representatives, affiliates, employees, advisors, or other representatives.

37. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

38. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Photographer’s Email: Sarah@SarahAnnePhoto.com

39. Counterparts; Facsimile Signatures

A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.