Service Agreement
Please read and sign below
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Lauren Newman Photography, 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 Florida shall govern this contract, and any resulting arbitration shall take place within Northwest Florida. 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 signing and returning a contract along with a non-refundable, non-transferable reservation retainer equal to 30% of the total photography 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 30 days before the event date. 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 must be made using electronic payment. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation: Upon acceptance of these terms and payment of the retainer, Lauren Newman shall commit to attending the EVENT at the specified date and time, and shall make no other reservations for that date. If for any reason the Client requests to amend or cancel this contract before the wedding date, Photographer will keep the non-refundable retainer or 30% of the total amount of the collection price and all money paid. If travel expenses will not be refunded if Lauren Newman has already booked travel accommodations and can not be refunded. Permits and materials charges purchased by Lauren Newman will not be refunded. In the event the Client cancels this agreement, or fails to show, less than 30 days prior to the date of the event, all payments made to Lauren Newman shall be forfeited. 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 new wedding date, Client will receive credit for all monies already paid if notice is given at least 30 days prior to the event. A $250 rescheduling fee will apply. A new contract may be required. In the event that Client reschedules the wedding and Photographer is not able to rebook the new wedding date for the Client, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within six months of original date provided Photographer is available.
Responsibilities: Client will not be required to supply any photography equipment to Photographer. Unless agreed upon in advance, Lauren Newman Photography, shall be the exclusive photographer retained for the event. Photographer may bring one assistant and second shooter 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. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's duties. The photographer is limited by the guidelines of the ceremony official or reception site management. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT's responsibility; Lauren Newman Photography will offer technical recommendations only. 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, the lateness of hair and makeup services, 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 two-weeks 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. If email is sent, confirmation of receipt must be obtained.
Albums: By signing this agreement, the client understands that if their collection includes albums/prints it is their responsibility place their order with Lauren Newman within 1 year from the date the images were delivered. There will be no exceptions. Please check your design very carefully before giving your final approval, once final approval is given, the order is considered in production and due to the custom nature of orders it cannot be cancelled or changed for any reason and Photographer is not responsible for typos, image defects, duplicate images, or other errors that may have been missed. No refunds will be given.
Wardrobe and styling: Photographer is available to provide advices on wardrobe and styling, but client is accepts responsiblity for choices in wardrobe, makeup, and hairstyle. No reshoots are available due to client disliking the wardrobe or styling in photos.
Engagement Sessions: The engagement session is truly complimentary - meaning it is not factored into the price of your collection. The client understands that it is their responsibility to schedule their engagement session as soon as possible as availability is first come first serve. If you choose to opt out of your engagement session, the price of your overall collection will not change, unless otherwise stated. Travel fees are not included for engagement sessions and are to be paid by the client. Locations within a 30 mile radius of Camarillo are included. Custom travel fees are available for locations outside of a 30 miles radius.
No guaranteed results: As stated in “Responsibilities” of this Agreement, Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.
Artistic Release: Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio.
Client acknowledges and agrees that:
Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Indemnity and Limitation of Liability: Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.
If Photographer or her agent is unable to perform any or all of the duties herein for any reason, 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, explosions, 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; (j) illness; (k) transportation problems; (l) technical problems. The Impacted Party shall give Notice within 30 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 14 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. 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. 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.
Failure to Perform Services: Lauren Newman Photography reservers the right to substitute with another photographer, should extenuating circumstances necessitate the need for substitution such as severe illness or of personal/family emergency, pregnancy, medical emergency, act of god, or reasons stated above. The substitute photographer will be chosen at Photographer’s discretion and does not constitute a breach of this agreement. Photographer warrants the substitute photographer to be of comparable quality, style, and professionalism. In the event the Photographer cannot or will not perform her obligations in any or all parts of this Agreement, she will:
Immediately give Notice to Client;
Attempt to find another competent professional to take her place with the mutual agreement of the Client;
If another competent professional is not available or the Client does not agree to transfer of obligations to said alternate professional, the Photographer will issue a refund or credit based on a reasonably accurate percentage of services rendered, minus expenses, with no further liability with respect to this agreement;
Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Photo Digital Negatives: Upon receipt of a photo files, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Images will be stored in an online gallery for 1 year. 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.
Food/Breaks: The photographer(s) will be allowed bathroom breaks when necessary. When the number of hours that Photographer will be providing the Services is expected to be in excess of 5 hours in duration, Client will provide a hot sit-down meal for Photographer and Photography Staff. If no meal is provided, the photographer(s) must be told ahead of time and reserves the right to go off-site for a meal for 45 minutes. We kindly ask, that the photographer(s) are fed as soon as the bride and groom are getting meals so photographer(s) can be ready for the next event (You must inform your coordinator and caterer so there is no confusion during your event)
Destination/Travel weddings: All costs for travel are to be paid by the client, unless otherwise stated. Travel arrangements must be made in a timely manner and photographer will book all her own travel accommodations. All costs for travel is included within 30 mile radius of Pensacola, Fl. and Camarillo, Ca. with zero travel costs for those areas.
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 the 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.
Health & Safety: The client further understand that the Photographer complies with all health and safety laws, directives, and rules and regulations. Client expressly agree(s) that during the wedding Client 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, the 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, or other similar occurrences. Under any of these circumstances, the Photographer reserves the right to end service coverage immediately and/or leave the wedding. The Photographer shall be entitled to retain all monies paid and the Client agree to relieve and hold the Photographer harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer’s work.
Chargeable time: Chargeable time is time the Photographer uses in order to determine the final price of the photography services. Chargeable time begins when Photographer arrives at the agreed upon location. Any additional time required past the set upon hours will be charged at the current rate.
Coverage: Photographer will provide coverage for the date(s), locations and continuous hours specified in this Agreement. Client can use as much or as little of the time that's included in their collection, however there is no price adjustment if the Client chooses a shorter amount of time for their day. It is understood that Lauren Newman Photography mainly shoots weddings in a photojournalism style. Approximately 75% of final images will be in photojournalism style, and 25% will be formal portraits. Additional travel or coverage hours may be added by agreement 1 week before the wedding day provided the photographer is available and must be paid in full before any photos are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Photographer does not work on a “shot list” and 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.
Image Processing/Printing: Digital images will be provided in color and/or black and white. An alternately colored version of a photo may be purchased at the current rate. Limited editing, color correction and/or retouching are included at Photographer's discretion. Photographer is not responsible for any wedding albums, unless otherwise stated. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Completion Schedule: The photographer is responsible for having the final gallery completed no later than 10 weeks after the wedding date has passed. Any other changes and request may or may not slow down the process.
Wedding Album: Photographer is not responsible for any wedding albums unless otherwise stated. Albums are offered as an add-on after the wedding. Photographer is not liable for mistakes with regards to your album spread design or the options selected for the products you’ve ordered. Once your album approval is submitted, the client has 60 minutes to make any changes. After 60 minutes, most likely client’s order is off for production and this order cannot be changed or canceled.
Communication: Client agrees that communication will be via:
Email at lauren@lauren-newman.com
Photographer will respond within 72 hours Monday - Friday or the next business day on weekends and holidays
Intellectual property right & restriction on use of photography: All photos and images taken by Lauren Newman Photography and/or his/her assistant remain the sole, copyrighted, intellectual property of the Photographer even after full payment by Client and distribution to Client. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client.
Client shall never distribute or make available for download or reproduction any of Photographer’s photos without written consent of the Photographer, especially for commercial use.
Client shall not publish photos outside of Client's social media without Photographer’s written consent and attribution to Photographer.
Client shall not modify or otherwise alter Photographer’s photographic materials.
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 Lauren Newman 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.