Thank you for choosing Ann Ferguson Photography, LLC. In an effort to make sure our session goes smoothly, please provide the following information, read the Terms and Conditions, and print a copy for your records. Please contact Ann with any questions! 

WEDDING PHOTOGRAPHY AGREEMENT

Terms & Conditions

BOOKING POLICY: Ann Ferguson Photography will not reserve a wedding date without payment of the retainer in full and a signed Wedding Photography Agreement.
 
RETAINER & SERVICE FEE: A non-refundable retainer in the amount of 40% of the total price is due upon booking and is applied towards the total service fee plus any applicable taxes and travel fees. Hawaii GET tax of 4.16% apply to all Wedding Photography services. Final payment for Wedding Photography services (any balance due + tax + any applicable fees) is due no later than 14 days prior to the Client’s wedding date.
 
PAYMENTS: Ann Ferguson Photography accepts checks or credit/debit cards as forms of payment. There is a $35 fee for returned checks. Checks must be made out the Ann Ferguson Photography and mailed to: Ann Ferguson Photography, c/o Ann Ferguson, 67-1295 Laikealoha Street, Kamuela, HI 96743.
 
PAYMENT SCHEDULE: The Client agrees to the payment schedule below:

  1. Payment #1: 40% retainer due upon booking to reserve the Client’s wedding date
  2. Payment #2: The remaining balance plus any applicable taxes and fees due 14 days before the Client's wedding date

 
A LA CARTE SERVICES & PRODUCTS: The Client is able to customize the standard photography collection to fit their exact needs by adding a la carte services and products to their collection. The Client has the option to choose from any of the services and products below at the time of booking, and those items will be added to their total service fee.

  • ENGAGEMENT SESSION | $400: An engagement session can be added to the standard wedding collection at the time of booking. Ann Ferguson Photography will provide the Client with an on-location session that includes 60-75 minutes of photography, the professional editing of images, and an online gallery for viewing and digital download of the images. Engagement session galleries will be delivered to the Client within 3-4 weeks of the session. The gallery will be available for 30 days during which the Client is able to select their prints, products, and download digital images. 
  • ALBUM | Starting at $500: The Client have opportunity to review layout twice prior to final printing. 

 
TRAVEL FEES: Travel is included for distances within 70 miles of zip code 96743. For distances outside of the 70-mile radius, a travel fee of $2 per mile is applied. Additional travel fees may apply for sessions that require an overnight stay due to distance.
 
RATES: The retainers and fees discussed in this Agreement are based on Ann Ferguson Photography's standard price list. The price list is adjusted periodically, and the Client acknowledges that all future services and orders will reflect the new rates in effect at the time a new service is commissioned, or an order is placed.
 
GIFT CERTIFICATES: Gift certificates, special offers, and other credits are non-transferable and are not redeemable for cash.
 
EXCLUSIVITY: It is understood and agreed that Ann Ferguson Photography shall be the only photographer commissioned to provide Wedding Photography Services for the Client on the wedding date.
 
CONSULTATIONS: The Client will complete a pre-wedding consultation with Ann Ferguson Photography within 2 months of the Client's wedding date to discuss the wedding day timeline and events of the day. The Client will also complete a final consultation with Ann Ferguson Photography within 7 days of the wedding date to discuss any last minute changes that may have occurred.
 
PHOTOGRAPHIC COVERAGE: Ann Ferguson Photography will provide the Client with wedding-day coverage based on the Client's chosen package below.
 
PHOTOGRAPHIC STYLE: The Client acknowledges that they have viewed Ann Ferguson Photography's website and are familiar with Ann Ferguson Photography's shooting and editing style. The Client agrees that they will receive images reflecting the same shooting and editing style.
 
HOUSE RULES: The Photographer is limited by the guidelines of the officiant, ceremony or the reception site management. The Client shall accept the technical results of their imposition on the Photographer. The Client shall negotiate with the officials for moderation of guidelines, if needed. The Photographer shall offer technical recommendations only. The Photographer is not liable for images not taken due to constraints set upon the Photographer by the ceremony and/or reception locations or officiants.
 
IMAGE SELECTION: Ann Ferguson Photography will use their professional discretion when choosing the images for professional editing. The Client shall acknowledge that Ann Ferguson Photography discards any images that do not fit the Photographer's standards of quality. The Client agrees that Ann Ferguson Photography does not release RAW images under any circumstances.
 
PROFESSIONAL EDITING: The professional editing of images includes basic retouching and the post-processing of the images the Photographer has selected. Ann Ferguson Photography uses their professional discretion when choosing how to process the final images, and the Client will receive a both color and black and white files of final images. Extensive and additional editing requests to images will result in a charge of $100 per image, which must be paid in full before any image is re-edited.
 
SNEAK PEEKS: Sneak Peeks are provided at the discretion of the photographer. Ann Ferguson Photography shall not be required to post any image from any session on their website, social media accounts, or any other digital or print media use to promote itself.
 
ONLINE GALLERY: If selected, Engagement session images will be available within 3-4 weeks following the engagement session. Ann Ferguson Photography will provide the Client with access to an online gallery with the wedding images within 6 weeks following the wedding date. Clients are encouraged to share their online gallery with family and friends. Both galleries will be available to the Client for 30 days, after which Ann Ferguson Photography will archive the images. If, for any reason, after the gallery is closed, the Client requests a reactivation of their gallery, Ann Ferguson Photography will invoice the Client for an Online Gallery Reactivation Fee in the amount of $50. Reactivated galleries will be made available for an additional 7 days for Engagement sessions, and 30 days for weddings.
 
ORDERING & DELIVERY: All items ordered are subject to 4.16% Hawaii GET Tax and must be paid for in full at the time of ordering, unless a payment plan has been arranged. Items will be delivered to the Client by mail within 4 weeks after the order is placed as long as the order has been paid for in full. Ann Ferguson Photography will deliver the images from the Client's wedding on a USB within 8 weeks following the wedding. Additional products will be delivered to the Client within 8 weeks of design finalization.
 
DIGITAL IMAGES: Upon receipt of the digital images, the Client shall become responsible for archiving and protecting their digital images. Ann Ferguson Photography is not responsible for the lifespan of any digital media provided after the period of six months and is also not responsible for any future changes in digital technology or media readers that might result in the inability to read the media provided. It is the responsibility of the Client to make sure that digital images are copied to new media as required.
 
DAMAGE: The Photographer is not responsible for the damage of portraits after delivery to Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits upon receipt.
 
INHERENT QUALITIES: The Client agrees that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases the Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
 
ARCHIVE: After one year, all images will be purged from the Photographer’s hard-drive and online backup system, except as needed for promotional purposes which will be determined by the Photographer at the Photographer’s sole discretion. The Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the Photographer’s control.
 
DAMAGE: The Photographer is not responsible for the damage of portraits after delivery to Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits upon receipt.
 
CLIENT USAGE: If purchased, Ann Ferguson Photography grants permission to the Client to duplicate, in digital or print format, the digital images for personal use only. Permission is not granted to use any images for commercial purposes. Ann Ferguson Photography will also provide the Client with printing recommendations. The Client agrees that Ann Ferguson Photography is not responsible for print quality if the Client chooses not to follow Ann Ferguson Photography's printing recommendations.
 
COPYRIGHT: Under Federal Copyright Law, Ann Ferguson Photography retains the copyright to all images taken during the service provided. The Client agrees not to edit or alter the images in any way, including the removal of a watermark, without written permission from Ann Ferguson Photography. Clients who violate Federal Copyright Law will be subject to civil and criminal penalties.
 
MODEL RELEASE: The Client agrees to grant Ann Ferguson Photography the usage of any session images for the promotion of its business and services. These uses include, but are not limited to: blog posts, website usage, website promotion, marketing materials and promotion, professional publication, product demos, social media usage and promotion, and studio display.
 
COOPERATION & NO SHOWS: The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate for the engagement session and/or wedding, or for missed images due to details not revealed to the Photographer. The Photographer is also not responsible for any missed images due to non-cooperation of any key individuals participating in the engagement session and/or wedding.
 
RESCHEDULING OF ENGAGEMENT SESSION: Ann Ferguson Photography allows the Client to reschedule their engagement session one time, with the exception of inclement weather, travel restrictions, illness, and unforeseen circumstances. If the Client should need to reschedule their engagement session, the Client agrees to contact Ann Ferguson Photography immediately by phone at 808-313-2134. After the reschedule allowance has been surpassed, the Client will have to complete the booking process for a new engagement session at the standard portrait session rate in effect at the time, and all monies paid in respect to the engagement session included as part of the wedding package will be forfeited by the Client. The Photographer reserves the right to reschedule the Client’s engagement session at any time due to illness, weather, equipment malfunction or any other unforeseen circumstances and it will not count towards the Client’s reschedule allowance.
 
ILLNESS POLICY: If the Client has chosen to add-on an engagement session, Ann Ferguson Photography requires that the Client reschedule their engagement session if anyone in their household is ill to limit the spread of illness to other households. Ann Ferguson Photography will reschedule the Client’s engagement session if any illness occurs in the Photographer’s home for the same reason. Rescheduling due to illness does not apply towards the reschedule allowance.
 
WEATHER: If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of images meeting the Photographer’s artistic standards, the Photographer may elect to use an alternate location or to reschedule the engagement session. Ann FergusonPhotography does not reschedule sessions due to wind or overcast skies.
 
SAFETY: The Client agrees to take the responsibility of their own safety and the safety of all session participants before, during and after the portrait session, regardless of location. The Client agrees to hold Ann Ferguson Photography harmless in the case of an accident, injury, and other unforeseen circumstances. Ann Ferguson Photography reserves the right to terminate coverage at any time if the Photographer feels that their safety or well-being has been threatened, or in the case of sexual harassment by anyone involved.
 
WEDDING REFUNDS & CANCELLATION: Due to the nature of Wedding Photography and the type of services rendered, Ann Ferguson Photography does not offer refunds to Clients, with the exception of the circumstances listed below, in which Ann Ferguson Photography agrees to refund all monies paid for the commissioned service. Refund amounts shall not exceed a maximum amount of the wedding collection chosen, plus any applicable taxes. Clients who choose to cancel Wedding Photography services with Ann Ferguson Photography for any other reason must do so in writing by signing a Cancellation of Contract Form in order to receive a refund. The retainer is non-refundable in the event of cancellation by the Client, but it is able to be applied to a new service at a later date. After a refund is provided, Ann Ferguson Photography shall have no further liability to the Client with respect to this Agreement.

  1. Ann Ferguson Photography is not able to photograph the wedding due to unforeseen circumstances such as illness, and is not able to find a replacement photographer to provide the service.
  2. Ann Ferguson Photography cannot perform this Agreement due to loss of equipment or acts of God.
  3. Photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged rendering the photographic material unusable, without fault on the part of Ann Ferguson Photography.

 
ENGAGEMENT SESSION REFUNDS & CANCELLATION: Due to the nature of portrait photography and the type of services rendered, Ann Ferguson Photography does not offer refunds to Clients, with the exception of the circumstances listed below, in which Ann Ferguson Photography agrees to refund all monies paid for the engagement session. Refund amounts shall not exceed a maximum amount of the engagement session, plus any applicable taxes. Clients who choose to cancel portrait photography services with Ann Ferguson Photography for any reason must do so in writing by signing a Cancellation of Contract Form in order to receive a refund. After a refund is provided, Ann Ferguson Photography shall have no further liability to the Client with respect to this Agreement.
 
Ann Ferguson Photography cannot perform the engagement session due to loss of equipment or acts of God and the session is unable to be rescheduled.
Photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged rendering the engagement session photographic material unusable, without fault on the part of Ann Ferguson Photography, and Ann Ferguson Photography is not able to re-shoot the engagement session.
 
RIGHT TO TERMINATE: The Photographer reserves the right to terminate this Agreement upon discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies. Noncooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees will be returned, excluding the retainer, and the Photographer shall have no further liability to the Client with respect to this Agreement.
 
ENGAGEMENT SESSION RESHOOTS: Reshoots are permitted at the Photographer’s discretion and only if the images from the engagement session do not fit Ann Ferguson Photography’s standards of quality. Ann Ferguson Photography does not reshoot in the case of Client dissatisfaction with personal appearance, location, weather, lack of cooperation, the Client’s failure to follow the Photographer’s recommendations, or for any images missed by the Photographer. If a reshoot is granted for any reason, the Client’s original images will be deleted from the Photographer’s hard drive and online backup system and only the second set of images will become available to the Client.
 
LIMITATION OF LIABILITY: In no event, regardless the circumstances, shall Ann Ferguson Photography be liable for consequential, emotional, third-party, punitive or any other damages, including attorney's fees, resulting from Ann Ferguson Photography's services or lack thereof. Ann Ferguson Photography shall only be held liable up to the total service fee paid by the Client in reference to this Agreement. Ann Ferguson Photography is not to be held responsible for any images missed due to family or friend interference, or due to lack of cooperation.
 
NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, the Photographer cannot place an unconditional guarantee on the above. The Photographer is not responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the Photographer’s control. The Client agrees that the Photographer does not guarantee that any specific image will be captured, or that any specific number of images will be delivered.
 
INDEMNITY: If either the Client or Ann Ferguson Photography is sued or otherwise subject to legal burdens or losses as a result of this Agreement and the actions of the other party to this Agreement, then the other party agrees to indemnify the burdened party.
 
ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
 
SEVERABILITY: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the entire agreement will be severable and remain in effect.
 
MODIFICATION: This Agreement may be modified by a subsequent agreement of the parties only by an instrument in writing signed by both Parties, or an oral agreement only to the extent that the Parties carry it out.

OVERVIEW
This is an Agreement between Parties: Ann Ferguson Photography, also referred to as the Photographer, and the Client named below for the reason of commissioning wedding photography services. *
Name *
Name
Wedding Date *
Wedding Date
Phone *
Phone
Please indicate add-ons agreed upon
Description of Services *
Based on the Terms & Conditions of this Agreement, Ann Ferguson Photography will provide the Client with selected package of wedding day coverage with the professional editing of images, an online gallery, the digital images on a USB, a print release allowing the Client unlimited printing rights for personal use, and the contents of the a la carte services and/or products of the Client's choosing. *
Additional Services and Products *
Please add the following a la carte services to my wedding collection: * Select all that you wish to include, or select "I decline to add a la carte services at this time."
I, the undersigned Client, warrant that I am competent to contract in my own name. I confirm that I have read the Description of Services and the Terms & Conditions as they apply to this Agreement prior to its execution and that I am fully familiar with its contents. I certify and agree that by entering my name in the box below it will act as a “digital signature” and this Agreement shall become binding on me and my heirs, legal representatives and assigns. *