1. “Photographer”: This agreement describes the type, nature, and duration of work to be performed by, and/or any agent(s) acting on behalf of, Forrest Seuser Photography.
2. “Client”: Hereafter to be considered and as pertaining to the services provided by the Photographer as outlined in this contract.
3. “Wedding Event”: This contract pertains to the provisions and conditions for service by the Photographer to the Client for the scheduled wedding activities of the Client, including the events leading up to and including the wedding ceremony(-ies) and/or reception(s) that will be held on the date of .
4. “Retainer”: A nonrefundable and nontransferable retainer serves two purposes; (1) it reserves the Photographer(s) for the Client’s wedding date and (2) when the final balance for services is due, as outlined in this document, its amount is applied towards the final balance.
5. “Third Party Payor”: Person or entity who makes payment on behalf of the Client.
6. “Contracted Rate”: The cost of the selected wedding package and additionally purchased tangible products.
7. “CoverageHours”: Wedding coverage starts when the Photographer arrives at the first location (for purposes of photography, scouting, transport, or other) and ends when the Photographer leaves the final location.
8. “Full Resolution”: The maximum number of pixels possible with the cameras used, excluding cropped images.
9. “Reproduction Rights”: The Client is granted the nontransferable privilege by the Photographer to copy or duplicate digital images received, for personal use only, upon or within any medium, and without alteration (“Photoshop”, “edit”, “crop”, and similar). The Client shall not undertake in any Commercial Use of said images and is excluded from any and all moral rights to the digital images.
10. “Commercial Use”: Client shall not, under any circumstances, utilize any images captured by the Photographer that exchanges said images for monetary or other gains without expressed written permission from the Photographer. The Photographer retains all copyrights and moral rights to the digital images indefinitely.
2. ENTIRETY OF AGREEMENT AND SEVERABILITY: This contract supersedes any and all prior agreements, whether oral or written, between the parties. In the event that any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. The section and paragraph headings used in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this agreement. If the parties wish to waive or alter one provision of this agreement on this contract and do so in writing, the other provisions shall remain unaffected.
3. PAYMENTS: Upon acceptance of the following terms and conditions set forth in this agreement, the Client shall remit payment to the Photographer. The Photographer is retained for the Client’s Wedding Event only when both the contract is signed and a nonrefundable retainer of $ is received and processed. The remaining balance is due no later than ONE WEEK prior to the Wedding Event. Failure to do so may result in a late payment fee of $200.00. Failure to provide payment within the stated time frames shall render this agreement null and void, and the Photographer shall not be obligated to provide services, products, or to return any monies to the Client. Client is fully responsible for any returned payment or applicable bank fees. There is no penalty for early payment.
4. THIRD-PARTY PAYOR: The Third-Party Payor shall not have any bearing, influence, or say to the provisions of photography for the Wedding Event or any other aspect of the provisions of photography outside of the Wedding Event as it pertains to the services provided by the Photographer to the Client. Any returned payment fees shall be the responsibility of the Client. The Client agrees to waive all privacy under §322C of the Statutes or as otherwise provided by law. The Photographer agrees to submit all required forms (i.e. IRS 1099-MISC) to all local, state, and federal agencies.
5. TRAVEL EXPENSES: Wedding events located more than two (2) hours outside of Albert Lea, MN shall be assessed a travel fee of $0.56/mi as determined gas coverage distance, and wear and tear on tires, between the city of the Wedding Event. Non-Minnesota Wedding Events may also be assessed a travel fee inclusive of reasonable airfare, lodging, and transportation.
6. PHOTOGRAPHY SERVICE TIMELINE: After the Wedding Contract has been signed by both the Photographer and Client, the Client shall be provided with a digital copy. If applicable, the parties shall mutually select a date and location for an engagement session. Digital images shall be made available within 6-8 weeks of the wedding. Client shall be provided a Wedding Detail Guide prior to the Wedding Event. Client agrees to a final consultation, in person or via phone, approximately one week (or earlier) prior to the Wedding Event in order to finalize all wedding details.
7. DESCRIPTION OF WEDDING EVENT SERVICE: The Photographer shall provide photography services to the Client for the Wedding Event for Hours. Each additional hour of photography is billed at a rate of $150 per whole hour, and can be requested before or during your event. Duration of coverage by a second photographer at the Wedding Event is done so by the Photographer’s professional discretion.
8. QUALITY OF SERVICE: In order to obtain quality consistency with the Photographer’s brand, adequate time as recommended by the Photographer shall be allotted for artistic freedom and composition. The Photographer is not liable for acts of nature or natural phenomenon that might affect the quality or quantity of pictures. The Photographer is limited by the restrictions imposed by the ceremony and reception venues, as well as any other selected locations for photography. Negotiation with said venues and locations for leniency of guidelines is the responsibility of the Client, and the Photographer should be notified of any changes.
9. NON-GUARANTEE OF IMAGE DELIVERY: All decisions pertaining to culling, editing, and final image delivery shall be done at the sole discretion of the Photographer. The Photographer shall not guarantee delivery of any specific image, moment, or composition. It is possible that certain images may not adhere to the quality standards of the Photographer’s brand. If, for any reason, the Photographer deems an image unacceptable, there exists no obligation to deliver said image to the Client. The Photographer shall make a good faith effort to adhere to the Client’s requests as laid out in the Pre-Wedding Questionnaire. The Photographer is not liable for hindrances from photography caused by other vendors, venue layout, guests, individuals in the wedding party, family, or similar. The Photographer is not responsible for inclusion of persons who are not present or are uncooperative.
10. MEALS: Photographer(s) shall be provided a full guest meal for weddings concurrent within the Continuous Hours. If no meal is provided, the Photographer(s) reserve the right to go offsite for a meal for a time period of no longer than thirty (30) minutes.
11. DIGITAL IMAGE DELIVERY AND ARCHIVAL: Full Resolution digital files, either purchased separately or included as part of the wedding package, shall be delivered to the Client with Reproduction Rights. The Client shall receive final digital image delivery within one month from the Wedding Event. The Photographer agrees to archive all edited digital images for a period of one (1) year. The Client may contact the Photographer in writing within that year to purchase additional digital copies of these images for a fee of $250. After that period of time, the Photographer reserves the right to remove said images from storage, in part or in whole. The Photographer is NOT responsible for lost or failed media already delivered to the Client.
12. UNLIMITED COPYRIGHT LICENSE AGREEMENT: The Photographer retains all copyrights and moral rights, including those not expressly granted in this agreement, to each and every photograph taken by the Photographer, indefinitely. The Photographer reserves the right to use any photograph for display, publication, promotion and advertising, or other purposes. The Client agrees to waive any right to examine or approve said photograph(s).
13. PHOTOGRAPHER COPYRIGHT COMPLIANCE: The Photographer has no obligation to reproduce, mimic, or otherwise copy any existing photograph(s), digital image(s), composition(s), pose(s), editing style(s), or other copyrighted material(s) as governed by US Copyright Law, Title 17.
14. MODEL RELEASE: The Client agrees to grant the Photographer, Photographer’s studios, and employees, the irrevocable and unrestricted right to use and publish, with or without Client name(s), photographs herein described, in any and all forms and mediums and in all manners including composite images or digitally manipulated representations, of the Wedding Event for the purpose of publicity, illustration, commercial art, advertising, publishing, for any product or services, or other lawful uses as may be determined by the Photographer.
15. EXCLUSIVITY CLAUSE: The Client hereby agrees that the Photographer shall be the sole provider of professional photography services during the Continuous Hours set forth in this agreement. Failure of the Client to adhere to this policy shall result in the termination of the Photographer’s services, release the Photographer and all assigns from any and all service, and do so without the refund of any monies paid by the Client to the Photographer.
16. HARASSMENT CLAUSE: The Client hereby agrees to engage with the Photographer in an appropriate and civil manner. At no time and under no circumstance shall the Photographer tolerate abusive, violent, destructive, menacing, or harassing behavior from the Client and/or any agent or party acting on behalf of the Client. The Photographer reserves the right to terminate services immediately, without notifying the Client and without refund of monies paid.
17. RIGHT OF WITHDRAWAL: Prior to the Wedding Event, the Photographer reserves the right to withdraw from this contract should new information pertaining to the Client’s Wedding Event, changes to agreed circumstances, or other factors that circumvent this contract’s policies be discovered, including but not limited to: non-cooperation; changes in locations, facilities, or wedding dates and times; and late payments. Should the Photographer initiate the withdrawal, any monies paid shall be returned excluding all of the following: 1) the retainer paid to secure the Client’s wedding date, 2) the fees for photography services already performed and billed at a rate of $150 per hour, and 3) the actual Client cost for any products already delivered and not paid for separately.
18. WEDDING EVENT CANCELLATION: Should the Client cancel the Wedding Event before final payment is due, the retainer is nonrefundable and nontransferable. Any additional monies paid shall be returned excluding all of the following: 1) the fees for photography services already performed and billed at a rate of $150 per hour, and 2) the actual Client cost for any products already delivered and not paid for separately. Should the Client cancel the Wedding Event within thirty (30) days of, or on the day of, the Wedding Event, and the final payment has been received, all monies paid are nonrefundable. Cancellation prior to the Wedding Event must be made in writing and signed by both parties. Cancellation initiated on the same day of the Wedding Event can be done verbally by the Client to the Photographer with no less than one adult witness.
19. PHOTOGRAPHER CHOICE: The Photographer reserves the right to change the photographer(s) for the Client’s Wedding Event, from within the Photographer’s own company or network of photographers, should reasons beyond the Photographer’s control, including illness, injury, family tragedy, unavailability, or similar, manifest. The Photographer shall make a good faith effort for the Client to have every opportunity, within reason, to meet and work with the photographer before the event.
20. SECOND SHOOTER: If second shooter hired by Forrest cancels within 3 weeks of the wedding event, Forrest reserves the right to refund the second shooter monies of the Diezel Collection to said Client. In this event, Forrest will produce a said "solo shooting timeline" in order to effectively capture Wedding Event as a solo photographer. Forrest also reserves the right to deliver any, a portion, or zero of the second shooters images if Forrest deems necessary.
21. LIMITS OF LIABILITY: Should a situation occur where the Photographer is unable to photograph the Client’s Wedding Event, and a photographer with a similar skill is not available, liability to the Photographer is limited up to the return of the Contracted Rate. In the event of catastrophic equipment failure or loss beyond the control of the Photographer or photographers resulting in a loss of digital images, liability to the Photographer is limited up to the return of the Contracted Rate. The Photographer is not responsible or liable for delay caused by other participants, theft, fire, traffic, terrorism, and/or acts of nature. The Photographer is not responsible or liable for accidents arising from or relating to the providing of photographic services.
22. PHOTOGRAPHER INDEMNIFICATION: The Client hereby agrees to indemnify the Photographer any and all of in the following circumstances: 1) actions of the photographer CHOICE: The Photographer reserves the right to change the photographer(s) for the Client’s Wedding Event, from within the Photographer’s own company or network of photographers, should reasons beyond the Photographer’s control, including illness, injury, family tragedy, unavailability, or similar, manifest. The Photographer shall make a good faith effort for the Client to have every opportunity, within reason, to meet and work with the photographer before the event.
Client, any agent, or party acting on behalf of the Client, that results in the Photographer’s equipment being damaged or otherwise rendered inoperable; 2) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer being harmed or injured; 3) any unintentional harm or injury caused by the Photographer or Photographer’s equipment; and 4) any Client requests that may violate law or ordinance unknown to the Photographer.
23. DISPUTE RESOLUTION: In the event that there is a dispute regarding any provision in this agreement, the parties agree that all disputes shall be resolved through binding arbitration. A panel of three arbiters shall be selected, one by each party and the third by agreement of the party-appointed arbiters. Arbitration will take place in Albert Lea, MN and shall be governed by statutes and other applicable law. The decision of the arbiters shall be binding and conclusive as to all disputes and as to all parties to this agreement. It is agreed that the laws of the State of shall govern this agreement.