Best Business Practices for Photographers [137]
Bride and groom agree that no guests may be permitted to take photographs while the official photographer is taking photographs.
To me, it's either just plain egotistical or greedy if the photographer doesn't want family and friends snapping away during the posed photos and taking away their reprint sales. The argument could be made that with other guests taking photos, it's possible that eyes will be averted from the official photographer, but this is usually resolved by having the assistant ask that guests pause their own photo taking during the time that the photographer is taking photos. Further, there are some photographers who rely on slave triggers that are not infrared or radio and instead react to any flash firing, and they may be trigged moments before they are supposed to be by a guest's point-and-shoot strobe. Thus, the flash pack is not recharged for the needed image. I've known, however, more than one photographer who has been more than happy to let his lighting kit go off while guests are snapping away, with his attitude being that none of the photos will come out because of the overwhelming flash output of their flash kit. I think this is a bit over the top.
Orders, either in part or in full, shall not be delivered until the balance due is paid in full.
I think this is fair, especially for reprints. Unlike businesses, it's time-consuming to track down a deadbeat individual—especially one who has quite likely gone into deep debt to pay for her wedding—and you don't want to be in line with the rest of the creditors.
Negatives, raw digital files, and proof/preview prints remain the property of the photographer.
This makes sense, just as it does in the editorial/corporate world.
Photographer reserves the right to use photographs taken during the course of their work for display, advertising, or other promotional use.
Couples can be funny about this one. I once had a bride who was a lawyer, and she rewrote this entire clause, which was fine by me.
Should the wedding be cancelled or postponed, all fees and deposits paid are nonrefundable.
It happens, and it's regrettable. However, you've lost the ability to earn an income on one of the few days you can during the year, and you should not be left holding the bag. Further, caterers, locations, and other vendors involved also have similar cancellation clauses. If you'd like to soften it, you can try something like this:
Should the wedding be cancelled or postponed, all fees and deposits paid are nonrefundable, unless Photographer is able to rebook the date he has committed to you for an equal (or greater) contract.
This next term is critical:
Photographer represents that extreme care is taken with respect to capturing, developing, digital processing, storing, and delivering images. However, in the event that Photographer fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the photographer's control, the photographer's liability shall be limited to a refund of all payments.
This protects you in the event your cards fail, your hard drive fails, your camera fails, and so on. It protects you in the event that you're in a car accident and can't make it. And the phrase "for any reason, including but not limited to" also means you could technically bail for a higher-paying wedding and just refund them their deposit. But that's just plain wrong, unethical, and unfair. Don't do mean things like that. The couple (or you, proactively) might wish to remove these words, but make sure you're protected for the things that could go wrong outside of your control.
Unless specifically requested and stated on this contract, all images will be produced digitally.
Some brides might still be expecting film. This makes it clear you're not shooting film.
The contract