This Wedding Services Contract (“Agreement”) is made by and between {{ShooterName}} (“Shooter”), who’s principal email address is {{ShooterEmailAddress}} and {{SignerName}} (“Client”), who’s principal email address is {{SignerEmailAddress}} and made effective on {{AcceptanceDate}}.  

Shooter and Client have entered into this Agreement by use, and through the facilitation of the EVOKE Photography and Video, Inc. (“EVOKE”) website (https://www.evokephotoandvideo.com) and mobile application (“App”) collectively referred to hereafter as (“Platform”), each of which are governed by EVOKE’s Terms of Use found here: https://www.evokephotoandvideo.com/tou. 

Shooter and Client (each a “Party” and collectively “Parties”) agree to be bound by this Agreement and EVOKE’s Terms of Facilitation (which define the terms and conditions Shooter and Client agree to as a condition of using the EVOKE Platform to facilitate in the creation of this Agreement), of which is incorporated into, and made part of this Agreement and may be found at: https://www.evokephotoandvideo.com/tof. 

In consideration of the services offered by the Shooter as detailed on Proposal {{ProposalID}} (“Proposal”), which is hereby attached, Client agrees to pay Shooter {{ProposalTotal}}, and both Parties agree to the following: 

Acknowledgment Of Electronic Signature

Both Parties acknowledge that when Shooter clicks “Offer Proposal” and Client clicks “Accept Proposal” by way of the EVOKE Platform, Shooter and Client are deemed to have executed this Agreement  electronically, effective on the date of the Client’s acceptance of Shooter’s Proposal. Doing so constitutes an acknowledgement that Shooter and Client agree to conduct the transaction electronically, and are able to electronically receive, download, and print all connected agreements. The Parties further recognize and accept electronic signatures as equivalent to original, handwritten signatures.

Relationship With Evoke

Both Shooter and Client agree that although they have used the EVOKE Platform to create this Wedding Services Contract, EVOKE is not a party to this Agreement. Shooter and Client, not EVOKE, are responsible for deciding whether to enter a Wedding Service Contract with each other. Should Shooter and Client decide to enter a Wedding Service Contract, the contract is a legally binding relationship between the Shooter and the Client; EVOKE is not responsible for and is not party to any Wedding Service Contract and nothing will create an employment, agency, or joint venture relationship between EVOKE and Shooter or EVOKE and Client.

Use Of The Evoke Platform

During the term of this Agreement, both the Shooter and the Client commit to using the EVOKE Platform for invoicing, payments, and the transmission of Event Gallery links from the Shooter to the Client. 

WEDDING SPECIFICS

Creative Control in Capture

The Client recognizes that the Shooter’s work is guided by the Shooter's artistic interpretation and judgment at the moment of Capture. The Client permits the Shooter the creative freedom to capture the Event according to their style, including choosing angles, compositions, lighting, and overall aesthetics. While the Shooter maintains creative control, the Client's input and suggestions are welcome. Open communication between the Shooter and Client is essential, especially during the planning phase. However, the Shooter's creative decisions will prevail during the moment of Capture.

Creative Control in Edit

The Shooter has the sole right to edit and enhance the works according to their artistic style. The Shooter will select the best works from the Event for color correction, axis refinement, cropping, and filter enhancements (“General Editing”) for inclusion in the Event Gallery. Client acknowledges the Work in the Event Gallery will not include blemish removal, sweat removal, shine reduction, body contouring (“Retouching”) or any other modification not specifically defined as General Editing. Retouching incurs additional fees, estimated by the Shooter upon the Client's request. Discontent with the Shooter's aesthetic decisions does not warrant breach of Agreement or a refund request.

If the Client wants certain moments Captured at an Event to be excluded from the Event Gallery, the Client must instruct the Shooter in writing within two days of the Event. 

No Photo or Video Guaranteed

The Shooter shall make reasonable efforts to Capture all requests provided by the Client via written request. However, the Client acknowledges that uncontrollable circumstances, including but not limited to time constraints, logistical constraints, timeline changes, weather conditions, venue restrictions, officiant restrictions, coordinator restrictions, the timely availability of the bride and groom / wedding party /  family members, and other contingencies may affect the feasibility of Capturing requested moments. For that reason, the Shooter does not guarantee the Capture of any specific moments requested, implied, or assumed by the Client.

Client further acknowledges and agrees that the Shooter does not guarantee any specific moments to be Captured, including but not limited to; family groups, ceremony vows, and other key events for the same uncontrollable circumstances listed above.

Wedding Details Meeting

The Parties agree to a pre-wedding meeting (via phone, zoom, or in person) no sooner than 4 weeks before the wedding date. This meeting will serve to confirm the Event locations, timeline, discuss venue details, and address any unique preferences/requests of the Client. Any specific requests from the Client, including family lists, requested shots, or otherwise, shall be communicated in writing to the Shooter a minimum of 7 days prior to the Event.

Safe Working Environment

Shooter requires a safe working environment at all Events. In the event the Shooter feels unsafe in any way, including but not limited to; exposure to COVID, sexual harassment, violence, threat, insult, or otherwise, the Shooter will promptly inform the Client of the situation. In such an event, the Client agrees to promptly remedy the situation to the Shooter’s satisfaction. If the concern is not appropriately addressed within a reasonable timeframe and to the Shooter's satisfaction, the Shooter reserves the right to terminate further involvement in the Event without penalty, and the Client will not be entitled to any refunds.

Delivery Dates

Several factors affect the completion time of the products and services Shooter offers. The schedule below is meant to be a general reference and may not apply in all situations.

• Wedding Highlight Video - Generally completed 3-6 weeks after the wedding date.

• Wedding Photographs - Generally complete 2-3 weeks after the wedding date.

• Bridal and Engagement Session - Generally completed 1-2 weeks after the session date.

• Other Events - Generally completed 1-2 weeks after the Event date.

• Wedding Albums - Generally completed 1 week after Client approves the final draft.

Unused Credit

The Client acknowledges and agrees that any unused credits associated with this Agreement – such as those for wedding album fulfillment, unscheduled sessions, prints, video editing, or other Works – will expire 6 months after the Event date, and Shooter is not obligated to provide services, refunds, or credit extensions to Client there after. 

Venue Limitations Notice

Client acknowledges and agrees that Shooter may be restricted by certain wedding venue rules or officiant demands. This is especially true in churches and other places of worship. In such situations, Client agrees to accept the impositions imposed on the Shooter and the results as they are reflected in the Shooters Works. 

Additional Product And Service

The Client agrees that the Shooter may offer additional products and services for sale beyond those specified in the Proposal. These additional offerings may include, but are not limited to, wedding albums, enlargements, USB drives, extra video editing, and other similar services. The fees associated with these services shall be paid in full at the time of order. 

COPYRIGHT AND CONSENT

Copyright

Shooter hereby grants the Client unrestricted copyright to all Works Captured on the wedding day. The Client shall have the right to reproduce, distribute, display, and modify the wedding day files for personal use without notice to the Shooter. 

THIS COPYRIGHT RELEASE DOES NOT APPLY TO ANY NON-WEDDING DAY EVENTS SUCH AS BRIDAL AND/OR ENGAGEMENT SESSIONS. SHOOTER WILL MAKE COPYRIGHT AVAILABLE FOR PURCHASE FOR SUCH EVENTS. 

Client and Shooter acknowledge and agree that the Shooter will retain the Copyrights to all Works created from all Events in connection with this Agreement and in accordance with the Terms of Facilitation.

Client agrees to provide general notice to all guests and service providers that the Event will be Captured by the Shooter. With this notice, and by virtue of their attendance, all guests and service providers acknowledge and give Shooter permission to Capture them. The Client further assumes all responsibility for obtaining any necessary permission, clearance permits, access to, hookup fees, and admission costs which may be required to Capture the Event.

Permission to Create Marketing Material

Client hereby grants Shooter permission to Capture, or cause to be Captured, marketing content (including Social Media content) on any Event in connection with this Agreement. Such content will be subject to the same terms and conditions stated above and pursuant to the Terms of Facilitation. 

Archiving of Works

Client agrees to take full responsibility for the backup, archival, and safe storage of all Works in which they are entitled, pursuant to the Proposal, within 24 hours of receiving the Event Gallery download link. As a courtesy, and not a contractual obligation, Shooter agrees to take responsibility for the backup, archival, and safe storage of all Works created in connection with this Agreement including but not limited to; wedding images or video(s), session images, album designs, audio files, and all raw and unedited files of every type for a period of 1 year. 

Should the Client have any technical difficulties downloading files, the Client agrees to notify the Shooter within 24 hours of receiving the Event Gallery download link. In such an event, the Shooter will remedy any technical difficulties at the server level but will have no obligations to support technical difficulties within the Client’s environment such as slow internet connections, firewall restrictions, hard drive space, or otherwise.

PERFORMANCE

Client’s Failure to Perform

If the Client wishes to cancel this Agreement for any reason, the Client must provide written notice to the Shooter as soon as possible. The cancellation shall be effective upon the receipt of the written notice by the Shooter. Furthermore, should Client fail to pay the full balance of this Agreement within 2 weeks of the wedding date, Shooter has the right, but not the obligation to declare Client in default.

In either event, Client will forfeit Retainer Fee and a credit will be issued by Shooter and to the Client for the total funds paid in excess of the Retainer Fee less any service provided or products ordered. This credit can be used for; Wedding Services, Family Sessions, Newborn Sessions, Holiday, Anniversaries, or be transferred to a family member or friend who is getting married. Such credit will expire 1 year from the cancellation notice to Shooter or date Shooter declares Client in default.

Shooter’s Failure to Perform

In the event that the Shooter fails to perform pursuant to this Agreement for any reason, including but not limited to COVID or other illness, injury, equipment failure, acts of God, or any other incident, the Shooter will refund the total funds paid including the Retainer Fee less any service provided/products provided within 5 days and will have no further liability or obligations to the Client.

In circumstances whereby the Shooter has enough advanced notice to arrange for a replacement shooter, Shooter shall make every effort to do so. In such an event, the Shooter shall notify the Client as soon as possible and provide detailed information regarding the circumstances leading to the failure to perform. The Shooter and Client agree to maintain open and transparent communication throughout the process of addressing the failure to perform. If a suitable Replacement Shooter cannot be arranged, the Shooter will refund the total funds paid including the Retainer Fee less any service provided/products provided within 5 days and will have no further liability or obligations to the Client.

Rescheduling Options

In the event that the Client wishes to reschedule the wedding date(s), written notice must be given to the Shooter no less than 120 days prior to the wedding date stated on the Proposal. In such an event, the Shooter shall work with the Client to find a mutually agreeable date. The Retainer Fee may be applied towards the rescheduled date if available, subject to the Shooter's discretion. In the event that the Client wishes to reschedule the wedding date less than 90 days prior to the wedding date stated on the Proposal, the Retainer Fee shall be considered earned and not transferable to the new date.

GENERAL PROVISIONS

Limited Liability

The Shooter's liability for any claims, damages, losses, expenses, or liabilities arising out of or in connection with the performance of this Agreement shall be limited to the total payment made by the Client for the contracted services. In no situation will the Shooter be held financially liable in excess of the contract amount stated in the Proposal. In no event will Shooter be liable to Client for Works captured that have been lost, stolen, or destroyed for reasons within or beyond Shooter’s control. Shooter, in no event, will be liable for any indirect, special, punitive, or consequential damages of any kind. 

Waiver of Liability and Release

Client is hereby waives, releases, and discharges Shooter from any and all liability, including but not limited to, liability arising from the negligence or fault of persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to the Client or family of Client or guests of Client, including traveling to and from Event in connection with this Agreement. Shooter is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for all guests and hereby releases Shooter from any claims against their person or their business. Client swears that each person is participating voluntarily. Client will reimburse Shooter for any fees/charges incurred as a result of any guest of the Client bringing suit against Shooter for any reason.

Indemnification

The Client agrees to indemnify, defend, and hold harmless the Shooter, and their respective agents, employees, and representatives from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorney fees) arising out of or in connection with the services provided by the Shooter, including but not limited to any claims related to loss of data due to camera malfunction, hard-drive failure, damaged or stolen memory cards, or otherwise. The Client further agrees to indemnify the Shooter for any claims brought by third parties arising from the Client's conduct, actions, or omissions during the Event, including but not limited to any disputes with guests, attendees, or other vendors. This indemnification clause shall not apply to claims, liabilities, damages, losses, expenses, or costs that arise as a direct result of the Shooter's gross negligence or willful misconduct.

Dispute Resolution & Binding Arbitration

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including but not limited to its formation, interpretation, performance, breach, or otherwise that cannot be mutually resolved using the Dispute Resolution Process defined in the Terms of Facilitation, shall be settled by a panel of three arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrations will apply the laws of the State of Texas to resolve the dispute. The arbitration will take place in Houston, Texas, no later than one hundred twenty (120) days after a request for arbitration is filed by a Party with the American Arbitration Association. Judgment upon an arbitration award shall be final and may be entered in any court having jurisdiction over the Party against which enforcement thereof is sought. This arbitration provision will survive the termination of this Agreement. The prevailing Party in any such dispute shall be entitled to recover the costs and reasonable attorneys’ fees from the other Party. 

Notices

Both Parties hereby agree that any official and legal notices in connection with this Agreement shall be provided electronically via email. Such electronic communication shall be considered valid and legally binding upon delivery. The Client's designated email address for communication purposes is {{SignerEmailAddress}}, and the Shooter's designated email address for communication purposes is {{ShooterEmailAddress}}. Either Party may update their designated email address by providing written notice to the other Party.

Construction & Severability; Waivers

If any provision of this Agreement is found to be invalid, illegal, ambiguous or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable, while preserving the Parties' original intent. If the modification is not possible, the invalid provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. Forgiving or overlooking a breach or default under this Agreement on one or more occasions does not imply forgiveness or waiver of any future breaches or defaults, whether related to the same provision or any other provision of this Agreement.

Entire Agreement

This Agreement and, the Terms of Facilitation constitute the entire understanding between the Shooter, {{ShooterName}}, and the Client, {{SignerName}}, and supersedes all prior or contemporaneous understandings, and discussions. The Client stipulates that they did not rely on anything other than the wording of this Agreement, and the Terms of Facilitation to enter into this binding Agreement. Any modifications of this mutual understanding must be in writing and signed by both Parties. This Agreement may be executed in counterparts, each of which shall be deemed an original. The Parties agree electronic signatures shall be deemed original signatures. Upon expiration, cancellation, or termination of this Agreement, the respective rights and obligations of the Parties shall survive to the extent necessary to carry out the intentions of the Parties under this Agreement. 

Definitions

Capitalized terms not defined in this Agreement can be found here: https://www.evokephotoandvideo.com/definitions.