Located in Healdsburg, Northern Ca.
Documenting wedding days throughout wine country, the Bay Area and worldwide.

2023 -2024 Contract Verbiage

GRETCHEN GAUSE PHOTOGRAPHY

Wedding Coverage Agreement

This agreement for professional photographic services (“Agreement”) is made and entered on   between Gretchen Gause dba Gretchen Gause Photography (collectively “GGP”),   &  (hereinafter referred to in the singular as “Client”), relating to his/her photo shoot and/or related events, that will take place on   (“Event Date(s)”). GGP and Client shall sometimes be collectively referred to as “the Parties”.

 

LOVELY COUPLE:   

EVENT DATE:  

Couple’s Address:  
Best Emails:  
Best Phone #s:   

New Family Last Name(s):  

 

Ceremony & Reception Location & Addresses:

 

1. Photography Services to be provided: Subject to the terms of this Agreement, at the locations, times and in coordination with the vendors identified on the attached schedule, GGP shall provide the following photography services (“Services”) which shall include providing Client with the indicated number of final edited images following the post-event “Completion Schedule” explained in Paragraph 15 below:

  

2. Price for Services, Non-Refundable Booking Fee & Payment Terms:

The Price for Services is set forth below. Once Client books GGP for a specific block of time on the Event Date, GGP will reserve that time and date exclusively for Client and will decline all other prospective Clients or bookings therefor and schedule necessary assistants who must also reserve the time and date and be paid by GGP. In consideration for this service and exclusive reservation, subject to GGP’s Cancellation Policy set forth in Paragraph 3 below, at the time the Agreement is signed Client shall pay GGP a non-refundable booking fee (“Booking Fee”) equal to 50% of the Price for Services. Said Booking Fee shall be deemed earned by GGP upon receipt. The remaining balance of the Price for Services together with the applicable sales tax and incidental expenses*, described below, will be due and payable in full not less than thirty (30) days prior to the Event Date. If wedding services are booked within 30 days of the Event Date, the entire quoted price for Services must be paid at the time the Agreement is signed. 

 

Total due for contracted services including a 10% discount:  _________ 

Balance: 10% late/service fee if not paid by: _________

 

*Client shall not be responsible for any incidental expenses, including but not limited to parking, mileage, tolls or other travel costs related to the Client’s event taking place on  .

 

Client’s Initials 
Client’s Initials 

 

3. Client’s Responsibility:

It is the Client’s sole and exclusive responsibility to provide GGP with addresses, phone numbers and directions to all event locations, a written itinerary of all events on the Event Date, special groupings or persons that Client wishes GGP to photograph (or not photograph), and all other pertinent phone numbers and email addresses not later than thirty (30) days before the Event Date. Except as Client may specifically instruct in writing pursuant to this provision, all other photographs on the Event Date will be taken at the photographer’s professional discretion.

 

4. Pre-Event Date Consultation:

Not less than seven (7) days before the Event Date, the Parties shall consult with each other via phone, Skype, or email in order to reconfirm Client’s itinerary of events on the Event Date, event locations, actual shooting times. This consultation is included in the Services provided hereunder.

 

5. Cancellation Policy:

If Client either wishes to terminate this Agreement or cancels the Event Date for any reason, Client understands and agrees that GGP shall be entitled to retain the entire amount of the Booking Fee & Balance paid without further obligation to Client except in the following limited circumstance: If Client schedules a new Event Date for a date that is within one hundred eighty (180) days of the original Event Date and GGP is available thereon, then, following the Parties’ signing a new Agreement, Client’s Booking Fee and paid Balance (paid cost of wedding services) shall be applied toward whatever new price for Services is established for the new Event Date.

 

6. Unforeseen Events:

Under no circumstances shall GGP be responsible for any of the following unforeseen events which may limit or completely preclude GGP’s photography on the Event Date of a specific location, event, person or group, or alternatively require the expenditure of extra time beyond that specified in Paragraph 1 of this Agreement in order for GGP to do so: Client’s failure to provide GGP with a written itinerary of events on the Event Date, the failure of Client or any of Client’s family or guests to adhere to the Event Date itinerary, Client’s own planning failures, such as the failure to allocate sufficient time to a given event or between events at different locations, the late arrival to or the absence from a scheduled event by any of the foregoing, the failure of any of the foregoing or staff at an event locale to cooperate with GGP’s reasonable requests while attempting to photograph a location, event, person or group, inclement weather or other force majeure over which GGP has no control.

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. Should Force Majeure prevent photographic coverage by GGP or its associates Client understands and agrees that GGP shall be entitled to retain the entire amount of the Booking Fee & Balance paid without further obligation to Client.

 

Client(s) further understand that GGP complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the GGP to do anything illegal or unsafe. Further, GGP will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, GGP reserves the right to end service coverage immediately and/or leave the event/session. GGP shall be entitled to retain all monies paid and Client(s) agree to relieve and hold GGP harmless as a result of incomplete event coverage, or for a lapse in the quality of the GGP’s work.

Should fire damage Client(s) venue, another venue within 60 miles, unless otherwise agreed upon by Client(s) and GGP, will suffice as contractually within this Event scope.

 

7. Substitute Photographer:

In the unlikely event of unforeseen illness or any other circumstances beyond GGP’s control, ​(outside of Paragraph 6) a substitute photographer and/or second photographer may be dispatched by GGP to fulfill the obligations of GGP pursuant to this Agreement subject to its terms.

 

8. Additional Hourly Charges:

If for any reason, including but not limited to unforeseen events described in the preceding paragraph hereof, Client requests that GGP continue to photograph on the Event Date in excess of the number of hours specified in Paragraph 1 of this Agreement, then additional hourly charges (“Additional Hourly Charges”) will apply for all extra time so requested. Additional Hourly Charges shall be calculated at the rate of a $1100 /hour for Gretchen Gause and $125 /hour for each assistant photographer/photographer’s assistant if any, and charged with all actual extra time expended rounded upward to the nearest quarter hour. Because it would be impractical for GGP and Client to prepare and sign a written modification of this Agreement while at the event on the Event Date, it is mutually understood and agreed that following Client’s verbal, on-site request for additional photography Services, Client shall text or email GGP on the Event Date or the Date Following, and prior to providing the additional Services, confirming Client’s request therefor an agreement to pay the Additional Hourly Charges pursuant to this provision. Alternately, Client’s verbal request will suffice given an additional party’s knowledge/witness, ie person’s of honor, parent, coordinator etc. The Parties agree said confirming, conversation, text or email shall constitute a binding modification of this Agreement. No images will be released until the additional payment per hour is received by GGP.

 

9. Meals: For any catered event lasting four (4) hours or more, Client shall provide each, Gretchen Gause and her assistant photographer/photographer’s assistant if any, with a hot meal free of charge.

 

10. House Rules:

Photographers, including GGP, are sometimes limited by the policies, rules or guidelines of the ceremony officiant or the event site management. Although GGP will endeavor to diligently work within said limitations, Client understands those limitations, if any there are, may impact GGP’s ability to photograph a specific location, event, person or group and agrees to accept the technical results thereof. If and as needed, all negotiations with the officiants or management for moderation of said policies, rules or guidelines to accommodate Client’s wishes shall be Client’s sole and exclusive responsibility. GGP will offer technical recommendations only upon request.

 

11. Appropriate Conduct/ Safe Working Environment: 

Client expressly agree(s) to take best efforts to provide GGP and GGP’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either GGP or a bystander to present a threat or implied threat of injury or harm to GGP staff, equipment or others, GGP reserves the right to cancel all services remaining under this Agreement and leave the event. At the GGP’s discretion, GGP may enact a three-strike policy. After the first offense, GGP will make reasonable efforts to notify Client or a responsible party. If Client is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), GGP shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, Client will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, GGP will immediately leave the event. If GGP leaves the event early due to any dangerous or offending behavior, Client expressly agrees to relieve and hold GGP harmless as a result of incomplete event coverage, or for a lapse in the quality of GGP’s work.

 

12. Exclusivity and Authority:

Client represents that GGP shall be the sole professional photographer working at all events and locations on the Event Date. While it is fully expected Client’s family, friends, guests and invitees may wish to photograph events, because they draw focus from the subject and interfere with GGP’s organization and control of the shoot, no other photographer, professional or otherwise, shall be permitted to photograph closed sessions or other settings staged by GGP until such time as GGP finishes its photographs.

 

13. No Guarantee:

Although GGP and its assistants are highly experienced, utilize only professional grade photographic equipment and adhere to the highest professional standards in and with all Services provided, and although GGP will exercise its best professional discretion and make every reasonable effort to produce quality photographs of all important locations, events, individuals and groups throughout the Event Date, GGP cannot guarantee – and makes no guarantee – to Client that those photographs will satisfy the Client’s subjective expectations. In addition, GGP shall not be responsible for any ruined photographs due to flashes from others photographing the same subject or any other cause outside of GGP’s control. Client understands and accepts this disclaimer.

 

14. Limitation of Liability:

EXCEPT FOR AND EXCLUDING ANY DAMAGES OR LOSSES ARISING FROM GGP’S WILLFUL OR INTENTIONAL WRONGDOING, IN NO EVENT SHALL GGP, OR ANY OF GGP’S AGENTS OR EMPLOYEES, BE LIABLE FOR ANY COMPENSATORY, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES, REGARDLESS OF LEGAL THEORY OR HOWEVER CHARACTERIZED, RESULTING FROM GGP’S ACTIVE OR PASSIVE NEGLIGENCE IN THE PROVISION OF SERVICES PURSUANT TO THIS AGREEMENT IN AN AMOUNT THAT EXCEEDS, IN THE AGGREGATE, THE TOTAL AMOUNT OF THE PAYMENTS MADE BY, OR DUE FROM, CLIENT TO GGP FOR THE WORK PERFORMED HEREUNDER.

 

15. Damage or Destruction of GGP Photographic Equipment:

If any photographic or other equipment/property used/brought by GGP during the provision of Services hereunder is damaged or destroyed by Client, any of Client’s invitees, guests, friends family members, unknown persons or any other person hired by Client in connection with the Event Date, Client shall reimburse GGP for 100% of the costs to repair or replace said equipment. Client’s responsibility for 100% of the costs shall also include the payment of insurance deductibles if any are applicable. Said reimbursement must be received by GGP prior to Client’s taking delivery of any photographic images

 

16. Completion Schedule & Final Edited Images:

GGP requires 6-12 weeks following the Event Date to review and edit the digital images taken and then post the agreed number of final edited images (“Final Edited Images”) in a private online gallery. Once this work is completed, GGP will notify Client via email that the gallery containing the Final Edited Images is ready for viewing via internet link. Client shall have 90 days from the date GGP provides said email link to download and store as many Final Edited Images as are desired directly to Client’s own hard drive from which copies may be made at Client’s discretion. Note the following: The aforementioned link shall remain “active,” accessible and viewable by Client for the aforementioned 90-day period only after which the link will automatically terminate. If, after the said 90-day period and in no event later than one year after the Event Date, Client requests GGP reactivate the link, Client must notify GGP and pay a $500 reactivation charge to access and view the gallery for an additional 90 days. Pursuant to its retention policy in Paragraph 19 below, GGP shall retain Client’s digital images for a period of 1 year only after the Event Date.

Unless additional Services are requested, the provision of this gallery of Final Edited Images shall complete GGP’s Services pursuant to this Agreement.

Client’s Initials 
Client’s Initials 

 

17. Permitted Uses of Final Edited Images:

Client and GGP shall have the right to use the Final Edited Images as follows:

a. Use by Client: GGP understands and agrees that the Client shall have a permanent license to reproduce the Final Edited Images provided hereunder for all personal, non-commercial uses, including the reproduction of unlimited copies for family and friends. A client will not permit or assist in any commercial use or sale of the Final Edited Images without the specific written consent of GGP.

b. Use by GGP: Clients understand and agree that GGP reserves the right to reproduce, publish exhibit and otherwise use Final Edited Images created hereunder as samples of work created by Gretchen Gause Photography consistent with the highest standards of taste and judgment. Client agrees to release and hold GGP harmless against any and all claims arising from any published images.

c. Use by Third Parties: GGP grants the right to Third Parties hired by Client to reproduce, publish, exhibit and otherwise use Final Edited Images for commercial use, in relation to their vendor businesses associated with the Event, with all applicable requirements and restrictions; hyperlink to GGP website (www.gretchengause.com), social media tagging and crediting on posted platforms, no editing of images and cropping only when necessary. 

Third Parties are not granted the right to to reproduce, publish, exhibit, or otherwise use Final Edited Images in any commercial application outside of the relation to their businesses. Third Parties are not granted the right of sale or contest entry of the Final Edited Images without the specific written consent of GGP.

 

18. Model Release:

In exchange for consideration received, Client hereby gives permission to GGP to use Client’s first name(s) and photographic likeness(es) in all forms and media for future advertising and all other lawful purposes.

A $  Non Disclosure Fee will be incurred and a non-disclosure agreement signed by both parties if Client would like to opt out.

 

19. Federal Copyright Law:

Notwithstanding any other provision in this Agreement, the Parties understand and agree that GGP permanently retains all rights of ownership and all copyrights for any and all Final Edited Images created and produced in connection with this Agreement, including the right to reproduce or publicly display said Final Edited Images as hereinbefore described.

 

20. One Year Retention of Client’s Digital Images:

GGP will not permanently store Client’s digital images. Absent a timely request from Client to reactivate the gallery link pursuant to Paragraph 15, GGP will erase all images, including all of Client’s Final Edited Images, after the expiration of one year following the Event Date. Nothing in this provision shall limit GGP’s right to store and use Final Edited Images in its discretion pursuant to applicable provisions of this Agreement.

 

21. Entire Agreement:

This Agreement supersedes all prior negotiations and understandings of any kind and contains the entire integrated agreement between Parties with regard to the matters set forth herein. There are no oral representations, understandings, statements, stipulations or promises of any kind or character made by any of the Parties bearing upon the effect of this Agreement, any inducement to its execution or otherwise that have not been incorporated herein.

 

22. Modification:

Except as narrowly permitted in Paragraph 8 hereof, which, as an expedient and mutual convenience to the Parties, authorizes electronic confirmation, via text message or email, of Client’s request on the Event Date for additional Services and agreement to pay Additional Hourly Charges, this Agreement may be modified only by a subsequent written document, signed by Client and GGP.

 

23. Severability:

If any provision of this Agreement is subsequently deemed or found to be legally unenforceable for any reason, the remaining provisions shall remain in full force and effect and binding on the Parties.

Client is hereby notified and agrees that:

1. While the State of California has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by GGP are subject to those rules in place at the time the photography services are to be performed.

2. Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.

3. Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.

  

WAIVER

4. Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for any illness, injury, damages, claims or expense arising therefrom, regardless of the identity of the person, alleged to be at fault for such transmission or exposure.

5. As consideration for this waiver, GGP agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.

6. Notwithstanding the foregoing, the Waivers contained in Sections 4 and 5 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services who knowingly participate while having an active COVID-19 infection.

 

Client’s Initials 
Client’s Initials 

PHOTO RELEASE

To Whom It May Concern:

 

The bearer of this notice has purchased high-resolution digital files from their photography session or event with Gretchen Gause Photography (GGP). A bearer is hereby granted permission by GGP to reproduce the images and make an unlimited number of prints, for personal use only. This permission applies worldwide. Bearer agrees that they may not use any GGP images for commercial or editorial purposes, or enter any GGP images into the competition without the express written permission of GGP. GGP retains the copyright to all images, per USC Title 17 (US Copyright Law.

Gretchen Gause Photography
gretchen@gretchengause.com
707-479-5552


The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.

* Signatures of all parties required

Verbiage SUBJECT TO CHANGE

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