Wedding Photography Agreement
Photography Coverage and Photographs
Our collections include photographers’ personal time, creativity, and expertise on all pre and post wedding day work. Also, editing of all final images from your wedding day with a personal online gallery for bride & groom, friends, and family, delivered within 6-8 weeks from wedding day.
Standard Terms and Conditions
In order to reserve MAW (Mary + Anna Weddings: Mary Gran and Anna Fly) for a wedding date, the bride and groom must sign this Wedding Photography Agreement and pay the non-refundable 20% Retainer. By signing this Agreement, the bride and groom agrees to be legally obligated to all the terms herein. This Agreement is only valid after execution of this Agreement by MAW. The bride and groom shall each be severally liable under this Agreement for the obligations of the bride and groom hereunder.
Pricing reflected in this agreement is guaranteed for 14 days from our first meeting/contact about your wedding date. If this Agreement is changed or updated, or pricing changes after such 14 day period, you will need to enter into the then-current Agreement to retain services of MAW.
In order for MAW to properly photograph your wedding, MAW requires a final consultation at least two weeks prior to your wedding to review the wedding day schedule and final details. Final payment hereunder is due 7 days before your wedding. In the event the 7 day payment is not received, MAW will not be required to provide photography services and may terminate this Agreement and retain the Retainer and other monies paid hereunder as liquidated damages and not as a penalty.
In order for MAW to complete your wedding photography in a timely manner, it is absolutely necessary that everyone be ready at their prearranged times. This includes having travel arrangements made, having the church or temple open, and your flowers ready and available for your portrait time. Please be conservative when scheduling your wedding day activities.
In order to eliminate any confusion on the day of the wedding, MAW will be the only professional photographer at the event. In no event shall client consult, contract with, or engage any other professional photographer for the purpose of covering the wedding or any other event covered by this Agreement. To ensure the quality of photographs, guests with cameras should refrain from using flashes during the ceremony and should not attempt to take photographs during the time of formal photographs.
MAW requires at least one meal provided for all MAW photographers for any wedding coverage exceeding 5 hours.
All online images will be removed from the gallery after approximately 90 days.
By signing this Agreement all parties agree to and acknowledge the style of photography performed by Mary Gran and Anna Fly. No refunds shall be made for services and goods provided based upon the client's dissatisfaction with such style of photography. The clients acknowledge and agree that the style of photography provided hereunder is artistic, candid, and documentary with minimal posed portraits.
Except as expressly provided in this Agreement, there are NO returns or refunds on services provided hereunder or on any other items provided hereunder.
Any and all defects in the photography, images, files, or other products provided by MAW shall be communicated to MAW within one (1) week of client's receipt of same, failing which client shall be barred from making any claim for such defects.
Notwithstanding anything contained in this Agreement to the contrary, the client's sole remedy for an actual break by MAW of its obligations made under this Agreement, shall be termination of this Agreement and a refund of the Retainer and other monies collected hereunder to the date of such breach, or at MAW's option, the replacement of photographs, images, or other items provided by MAW hereunder. In no event shall MAW be liable to monetary damages, whether in tort, for breach of contract or otherwise, under this Agreement for an amount in excess of the Retainer and any other moneys paid hereunder.
Upon delivery of hi-resolution wedding files, the client will be solely responsible for the originals and all copies of their wedding files and photographs. MAW 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, which copies shall be subject in all cases to the limitations contained in this Agreement.
All digital images and other digital materials shall remain the exclusive copyrighted property of MAW and client shall have no ownership or other rights in such images or other material. It is hereby expressly agreed that MAW shall have the exclusive right to use such images or other material for display, publication, competition, or other purposes as determined in the sole discretion of MAW. Client's possession of a photograph does no grant the right to client or any other person, other than MAW, to duplicate or make copies, of any kind, including computer scans. Upon delivery of the digital images on the Pixieset online gallery, client will have permission to produce copies, provided, however, that any and all copies shall be for private and personal use of the client, and in no event shall the client or any other person, other than MAW, sell or publish any photographs or images provided by MAW (or any copies thereof).
This Agreement shall be governed by the substantive laws of the State of TENNESSEE, without regard to its conflicts of laws provisions. Any dispute under this Agreement that cannot be resolved by MAW and client after thirty (30) days of receipt of notice of the dispute shall be first submitted to a neutral mediator selected by MAW. In the event the mediator cannot resolve the dispute, the remaining issues in dispute may be submitted to the relevant court of the State of TENNESSEE. The state and federal courts of the State of TENNESSEE shall have exclusive jurisdiction over such dispute and each party hereby irrevocably consents to the jurisdiction of such courts upon them and service of process by mail.
In the event of any breach of this Agreement by client, MAW shall be entitled to terminate this Agreement and retain the Retainer and any other monies paid by the client hereunder. In addition to the other remedies expressly stated in this Agreement, MAW shall have all other remedies available to it at law of in equity upon the breach of this Agreement by client.
In no event shall MAW be liable under this Agreement for any consequential, incidental or punitive damages, or for lost profits.
This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between parties with respect to its subject matter.
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
In the event of a divorce or separation of the bride and groom prior to MAW's delivery to the bride and groom of the photographs, images, files, or other products, supplied by MAW, hereunder, MAW may implead any or all such items into any court of competent jurisdiction in the State of TENNESSEE or MISSISSIPPI and shall hereafter be relieved of any further responsibilities, liabilities, or obligations relating to such items and the performance under this Agreement.
MAW shall not be liable to its delay in performing or failure to perform under this Agreement as a result of any circumstances, events, or contingencies beyond its reasonable control, including, but not limited to acts of God, fires, floods, war, civil insurrection, sabotage, equipment or machinery breakdown, accidents, labor disputes or shortages, any governmental laws, ordinances, rules, regulations, bans, delay, or inability to obtain supplies, labor, raw materials, energy, transportation, and any other similar circumstances, event, or contingency.
Payment Schedule
Your first payment, a non-refundable retainer fee of 20% of your selected collection (the "Retainer") is due upon your execution of this Agreement. The balance of all payments are due 7 days before the wedding date, subject to any additions provided in this Agreement. Payments hereunder may be made at any time before the 7th day prior to the wedding. Retainer payment of 20% due with this signed Agreement is required in order to reserve your date.