WEDDING PHOTOGRAPHY AGREEMENT
Between:
Matt Johnson Weddings (“the Photographer”)
and
[Full Names of Clients stated below] (“the Couple”)
1. DEFINITIONS & AGREEMENT
1.1 This Agreement constitutes a legally binding contract between the Photographer and the Couple in relation to the provision of professional wedding photography services.
1.2 The Couple engage the Photographer to photograph their wedding on the date(s) specified in the Booking Form.
1.3 The Couple acknowledge that the Photographer’s portfolio (www.mattjohnsonweddings.com / Instagram: @mattjohnsonweddings) fairly represents the style and artistic approach of the Photographer.
1.4 The Photographer retains full discretion over artistic judgment, including but not limited to image selection, editing, retouching, cropping, colour grading, and sequencing.
1.5 RAW files or unedited negatives (digital or film) will not be released under any circumstances.
1.6 The final images will be delivered via a secure online gallery as high-resolution JPEG files, available for download for a period of eighteen (18) months from the delivery date.
2. PAYMENTS
2.1 A non-refundable booking fee (“Deposit”) is payable at the time of booking to secure the date.
2.2 The balance of all fees is payable no later than thirty (30) days before the wedding date.
2.3 Services will not commence, and no images shall be released, until all fees are paid in full.
2.4 Fees are quoted for the original scope of services requested. Any variations, extensions, or unforeseen expenses (including but not limited to travel, accommodation, courier charges, film stock, or lab fees) may incur additional costs, which will be notified to the Couple in advance wherever reasonably practicable.
3. FILM PHOTOGRAPHY RISK & LIABILITY
3.1 The Couple acknowledge that film photography involves inherent risks, including but not limited to: film damage, film stock defects, light leaks, processing errors, scanning errors, courier loss, or technical malfunction outside the Photographer’s reasonable control.
3.2 The Photographer will take all reasonable precautions and exercise due professional care to safeguard film materials and processing.
3.3 In the unlikely event that film is lost, damaged, or rendered unusable due to factors beyond the Photographer’s reasonable control (including but not limited to third-party laboratory errors), the Photographer’s liability shall be limited to a fifty percent (50%) refund of the total fees paid by the Couple.
3.4 This limitation of liability is acknowledged as fair and reasonable given the nature of film photography.
4. CANCELLATION
4.1 If the Couple cancel this Agreement for any reason:
The Deposit remains strictly non-refundable.
If cancellation occurs within thirty (30) days of the wedding date, all fees paid shall be forfeited.
The Couple remain liable for any unrecoverable costs or expenses already incurred by the Photographer (e.g., flights, accommodation, car hire, film purchased).
4.2 If the Photographer cancels for any reason, all monies paid (including the Deposit) will be refunded in full, and the Photographer shall have no further liability.
5. POSTPONEMENT
5.1 The Couple must notify the Photographer as soon as possible of any intention to postpone the wedding.
5.2 The Photographer cannot guarantee availability for the rescheduled date but will make reasonable efforts to accommodate.
5.3 If unavailable, the Photographer may assist in sourcing a replacement photographer of comparable style and skill.
5.4 If the Couple decline a replacement, the postponement shall be treated as a cancellation under Clause 4.
6. ILLNESS, INJURY, OR FORCE MAJEURE
6.1 If the Photographer is unable to attend due to illness, injury, accident, or other incapacity, every effort will be made to secure a replacement photographer of comparable skill and style.
6.2 If no replacement can be secured, all monies paid shall be refunded, and no further liability shall attach to the Photographer.
6.3 Neither party shall be liable for non-performance due to force majeure events including but not limited to fire, flood, natural disaster, epidemic, strike, government restriction, civil unrest, or any event beyond the reasonable control of the parties.
7. COPYRIGHT & LICENSE
7.1 All photographs remain the sole copyright of the Photographer under the Copyright Act 1968 (Cth) and applicable international copyright treaties.
7.2 The Couple are granted a perpetual, non-exclusive, royalty-free licence to use the images for personal, non-commercial purposes (e.g. printing, sharing with family and friends, and posting online).
7.3 Commercial use (including but not limited to publication, advertising, resale, or promotion of other businesses) requires the prior written consent of the Photographer and may attract additional licensing fees.
7.4 Image credit to “Matt Johnson Weddings” with link or tag (@mattjohnsonweddings) is requested where images are published online.
8. MODEL RELEASE
The Couple warrant that they have the authority to grant, and hereby grant, the Photographer and its legal representatives, licensees, and assigns the unrestricted right to use and publish photographs of all attendees at the wedding for portfolio, marketing, promotional, and editorial purposes, unless otherwise agreed in writing prior to the event.
9. IMAGE DELIVERY, STORAGE & ARCHIVING
9.1 Final edited images will be delivered via a secure online gallery.
9.2 The Photographer’s obligation to retain or archive delivered images extends to seven (7) days from delivery only.
9.3 The Couple are solely responsible for downloading, backing up, and securely storing images within this timeframe.
9.4 While the online gallery may remain active for eighteen (18) months as a courtesy, no guarantee of continued storage or archiving is made.
9.5 The Photographer expressly disclaims liability for any loss, corruption, or unavailability of images beyond the initial seven (7) day retention period.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions or representations. No amendment, variation, or waiver shall be effective unless made in writing and signed by both parties.