This Photography Contract (the “Contract”) is made effective as of date contract signed, by and between [So The Story Goes Photography, aka Joyce Anne Honigford] (the “Photographer”) of 116 Miller Dr. Ottoville, Ohio 45876 and Bride and Groom Names Listed Above (the “Client”) of Address(es) listed above.

1. Retainer and Payments.

The Client shall make a non-refundable retainer in the amount of $400 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties.

The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.

Payment for product orders shall be submitted to the Photographer within 15 days of gallery delivery, whether via online proofing service or in-person viewing.

Remaining balances shall be paid on the following schedule:

Remaining balance (total minus retainer) is due no later than 30 (thirty) days prior to the wedding date listed herein. A late fee of $50 a week shall be applied to any payments made after the agreed upon date.

2. Pre-Wedding Consultation. The Client agrees to a pre-wedding consultation 30-60 days prior to wedding date. The consultation shall work to finalize the schedule, locations, and the Client’s particular requests.

3. Cancellation. If for any reason the Client cancels this Contract prior to or on the wedding date, the Photographer shall keep the retainer and any monies owed on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 30 days of the contracted date, the Client shall be required to pay the full balance of the Contract. (See Clause 13 for COVID-19)

4. Rescheduling. If, for any reason, the Client reschedules the wedding prior to the wedding date, and such rescheduling is confirmed in writing to the Photographer, the retainer may, at the Photographer’s sole discretion, be applied to the new date. (See Clause 13 for COVID-19)

5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

USE THESE PROVISIONS IF YOU DELIVER YOUR GALLERY ONLINE: The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 12 (twelve) weeks of the photographic event. If an online proofing gallery is delivered, it shall remain open for 45 (forty-five) days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $100 un-archival fee shall apply for an additional 30 (thirty) days.

6. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of photographs to select from and shall not receive any photographic materials not presented to the Client.

The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $20 -$200 per file (depending on request).

7. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, or modifications of any kind.

The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage.

8. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

9. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “COPYRIGHT YEAR PHOTOGRAPHER BUSINESS NAME” in the caption of all photographs uploaded to social media websites and profiles.

10. Safe Working Environment. The Client agrees to undertake the best efforts to ensure that guests and attendees at the wedding treat the Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the wedding commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund.

11. Cooperation of Client and Guests. The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer’s artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Photographer.

12. The Photographer and the Photographer’s team shall be the sole photographers for coverage of the event. Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Photographer at least 60 (sixty) days prior to the wedding date.

13.

13a. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, pandemic, act of God or causes beyond the control of the Photographer, the Photographer shall make every attempt to provide a Substitute Associate Photographer per the provisions in this Contract.

13b. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to package cost.

13c. If wedding is postponed due to COVID-19 or other pandemics, illness, emergency, fire, causality, strike, act of God beyond the control of the Photographer, retainers will be applied to new date. If Photographer is not available on said date, the Photographer shall make every attempt to provide a Substitute Associate Photographer per the provisions in this Contract. If no Substitute Photographer is available for new date, retainer fees will be available to use for photography services one year from the date of letter received stating the wedding has been postponed.

13d. If wedding is cancelled due to COVID-19 or or other pandemics, illness, emergency, fire, causality, strike, act of God beyond the control of the Photographer retainer becomes non-refundable. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.

13e. If the Client fails to supply written cancellation or cancels within 30 days of the contracted date due to to COVID-19 or or other pandemics, illness, emergency, fire, causality, strike, act of God beyond the control of the Photographe., the Client shall be required to pay the full balance of the Contract.

14. Substitute Associate Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

15. Second Photographer. If the scheduled second photographer is unable to attend do to illness , family emergency, or other acts of God, all monies paid to retain a second photographer will be refunded.

16. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

17. Meals and Breaks. A meal is required for every member of the Photographer’s team for coverage that lasts more than 4 (four) hours. A 15 (fifteen) minute break is required for every member of the Photographer’s team for coverage that lasts more than 4 (four) hours. Photographer team includes lead photographer, one assistant, and any additional photographers added to the collection chosen.

18. Venue Guidelines. The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.

19. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

• Albums shall take 4 (four) weeks from date of final design approval by the Client to be received by the Photographer.

• Digital files shall take 12 (twelve) weeks to be processed and delivered to Client.

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

20. Travel and Overage Fees. The Client shall pay $50 per 60 miles outside the Zip code of 45876.

21. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

22. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

23. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default here under shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Ohio.

24. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

25. If this event is being photographed at discount or free, any cost or fees incurred during or after the wedding due to the need for additional equipment, failure of equipment, fees for parking, food, hotel, etc., the cost shall be paid by those named above.