1. PAYMENT SCHEDULE. The Client shall make a non-refundable deposit to retain the Photographer to perform the services specified on the date specified herein. Payment of deposit is required to reserve the wedding date and will precede any services. Final payment will be paid no later than fourteen days prior to the wedding date. Failure to pay the final balance prior to the wedding date will result in a cancellation of service without refund.
2. CANCELLATION. If the Client shall wish to cancel this Agreement a signed written notice will be given to the Photographer. All payments are non-refundable. Rescheduling of the wedding date is a cancellation resulting in the forfeiture of the deposit for liquidated damages. However, payment in excess of the deposit may be applied to a new date, if available. A rescheduled wedding date will require a new contract at current prices.
3. EXCLUSIVITY. Chris Bartow Photography shall be the exclusive photographers retained by the Client for the purpose of photographing the Event. Guests of the Client shall be permitted to photograph the wedding ceremony and reception as long as they do not interfere with the Photographer’s duties.
4. HOUSE RULES. The photographer is limited by the guidelines of the ceremony official and venue 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; the photographer will offer technical recommendations only.
5. COPYRIGHT. The photographs, digital files, and prints produced by Chris Bartow Photography are protected by Copyright Law (all rights reserved). Limited copyright ownership of the resulting images will be transferred to the Client for non-profit personal use and for the purposes of the reproduction and distribution of photographs. The Client must obtain written permission from Chris Bartow Photography to publish or sell the photographs for profit.
6. MODEL RELEASE. The Client hereby grants to Chris Bartow Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client’s scheduled events, for editorial, trade, advertising, display and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Chris Bartow Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
7. ARTISTIC STYLE. Client acknowledges that it is familiar with the Photographer's portfolio and is requesting Services with knowledge of the Photographer's style; that Photographer's services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use his personal artistic judgment to create images consistent with his personal vision of the Event, which vision may be different from the Client's and the Subject's vision of the Event. Accordingly, Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
8. LIMIT OF LIABILITY. In the unlikely event that the photographer cannot perform due to a severe medical, natural, or other emergency, Chris Bartow Photography will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event. Chris Bartow Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs or required equipment have been lost, stolen, or destroyed for reasons within or beyond the Photographer's control, Chris Bartow Photography liability is limited to the return of all payments received for the event.
9. DELIVERY. The online gallery of photographs will be posted within 6-8 weeks of the event date. The gallery will remain online for one year.
10. MISCELLANY. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of the State of New Jersey.