TALLULAHMADE LLC

WEDDING PHOTOGRAPHY AGREEMENT & WAIVER OF LIABILITY

This Wedding Photography Agreement and Waiver of Liability (“Agreement”) is entered into between:

Photographer: TallulahMade LLC (“Photographer” or “TallulahMade”)
Client: (E-FILED)
Date of Agreement: (E-FILED)

Photographer and Client may collectively be referred to as the “Parties.”

For purposes of this Agreement, the term “Binding Quote” means the written TallulahMade photography quote accepted by Client and attached to, referenced by, or otherwise provided in connection with this Agreement.

The Binding Quote is incorporated into and made part of this Agreement.

1. EVENT DETAILS

Wedding Date: (PROVIDED IN BINDING QUOTE)
Photography Coverage Time: (PROVIDED IN BINDING QUOTE)
Event Location(s): (PROVIDED IN BINDING QUOTE)
Coverage Duration: (PROVIDED IN BINDING QUOTE)
Photography Collection / Package: (PROVIDED IN BINDING QUOTE)

The Binding Quote establishes the specific services, locations, photography coverage, deliverables, pricing, travel arrangements, complimentary services, additional services, products, and other collection-specific details applicable to Client’s wedding.

If a specific provision contained in the Binding Quote differs from a general provision contained in this Agreement, the specific provision contained in the Binding Quote will control with respect to that particular service, deliverable, price, location, travel arrangement, or coverage selection.

2. SERVICES PROVIDED

Photographer agrees to provide professional wedding photography services according to this Agreement and Client’s Binding Quote.

Specific photography services and deliverables are PROVIDED IN BINDING QUOTE and may include, where applicable:

  • Wedding-day photography coverage

  • One or more photographers

  • Estimated or minimum image quantities

  • Private online gallery

  • High-resolution digital image delivery

  • Personal printing rights

  • Sneak peek images

  • Photography highlight reel or slideshow

  • Pre-wedding photography sessions

  • Engagement photography

  • Bridal or boudoir photography

  • Rehearsal dinner coverage

  • Wedding keepsake products

  • Wedding Journal or magazine

  • Timeline assistance

  • Photography planning consultation

  • Additional locations

  • Additional photography hours

  • Other services specifically identified in the Binding Quote

Only services specifically identified in the Binding Quote are included in Client’s photography collection.

Services requested outside the agreed scope may result in additional charges.

Photographer must be informed in advance of additional photography-specific setups or services requiring Photographer’s time, participation, preparation, equipment, or coordination.

3. IMAGE QUANTITIES & DELIVERABLES

Any estimated image quantity, minimum image quantity, delivery format, gallery specification, keepsake product, print product, slideshow, magazine, album, or other deliverable is PROVIDED IN BINDING QUOTE.

Where the Binding Quote provides an approximate image quantity rather than a guaranteed minimum, final image quantities may vary based upon:

  • Wedding timeline

  • Events occurring during coverage

  • Lighting conditions

  • Guest participation

  • Venue restrictions

  • Duplicate images

  • Test images

  • Closed-eye images

  • Technical quality

  • Photographer’s artistic selection

  • Other circumstances affecting the wedding day

Photographer retains professional discretion regarding final image selection and delivery.

4. COVERAGE TIME & ADDITIONAL HOURS

Client’s contracted photography coverage period is PROVIDED IN BINDING QUOTE.

Photography coverage begins and ends according to the contracted times stated in the Binding Quote.

The contracted coverage period includes photography services performed during that time, including travel between wedding-day locations when multiple locations are included.

If the wedding timeline runs behind schedule, the contracted ending time does not automatically extend.

Additional photography coverage may be requested by Client and is subject to:

  • Photographer’s availability

  • Photographer’s approval

  • Applicable additional-hour pricing

  • Any scheduling or travel limitations

Additional-hour pricing, when applicable, will be communicated to Client before or at the time additional coverage is approved.

Photographer is not responsible for photographs missed because events occur:

  • Before contracted coverage begins

  • After contracted coverage ends

  • Simultaneously in separate locations

  • During delays preventing reasonable coverage

  • Under circumstances outside Photographer’s reasonable control

5. EVENT LOCATIONS

The event location or locations included in Client’s photography services are PROVIDED IN BINDING QUOTE.

Client must inform Photographer in advance of all locations where professional photography is expected to occur.

If Client requests an additional location not included in the Binding Quote, additional charges may apply based upon:

  • Travel distance

  • Travel time

  • Parking

  • Tolls

  • Scheduling requirements

  • Accessibility

  • Additional photography time

  • Location fees

  • Other related expenses

Travel between wedding-day locations occurs within the contracted photography coverage period unless otherwise specifically stated in the Binding Quote.

Travel time between locations does not automatically extend the contracted ending time.

6. LOCATION, PERMIT & ACCESS FEES

Client is responsible for all fees associated with locations selected or requested by Client, including:

  • Admission charges

  • Photography permits

  • Location fees

  • Access fees

  • Parking charges

  • Reservation fees

  • Property-use fees

  • Government fees

  • Commercial photography fees

This may include fees imposed by:

  • Hotels

  • Resorts

  • Parks

  • Museums

  • Gardens

  • Historic properties

  • Private estates

  • Beaches

  • Universities

  • Municipal properties

  • Government-owned properties

  • Commercial properties

  • Photography studios

  • Other public or private locations

Client is responsible for securing and paying for necessary permissions, reservations, and permits sufficiently in advance.

Photographer is not required to personally advance these fees on Client’s behalf.

Photographer is not responsible for denied access, delays, shortened photography time, citations, or inability to photograph resulting from Client’s failure to obtain required access, permissions, reservations, or permits.

7. INVESTMENT & PAYMENT

Total Photography Investment: (PROVIDED IN BINDING QUOTE)

The total price, applicable package pricing, approved travel expenses, optional services, products, discounts, or other financial arrangements are PROVIDED IN BINDING QUOTE.

Booking Payment

A non-refundable booking payment equal to 25% of the contracted photography investment is required unless the Binding Quote expressly provides otherwise.

The exact booking payment amount is PROVIDED IN BINDING QUOTE AND/OR INVOICE.

The wedding date is not reserved until:

  1. Client has electronically signed and submitted this Agreement; and

  2. The required booking payment has been received.

Until both requirements have been completed, Photographer may continue accepting inquiries or bookings for the requested wedding date.

The booking payment will be applied toward Client’s total photography investment.

8. REMAINING BALANCE

The remaining balance, including applicable taxes and agreed additional charges, must be paid in full prior to the beginning of photography services on the wedding day unless another payment arrangement is expressly stated in the Binding Quote or written payment agreement.

Photographer is not required to begin or continue photography services while an outstanding balance remains due.

9. ACCEPTED PAYMENT METHODS

TallulahMade may accept payment through:

  • Zelle

  • Cash App

  • PayPal

  • Cash

  • Other payment methods specifically authorized in writing by Photographer

Checks and credit cards are not accepted unless otherwise expressly agreed to in writing.

Payment instructions will be provided separately.

10. LATE PAYMENTS

A $50 late fee may be assessed on balances remaining unpaid after their applicable due date.

Additional services may be withheld or suspended until outstanding balances are resolved.

11. PHOTOGRAPHER TRAVEL & RELATED EXPENSES

Travel arrangements, travel waivers, mileage charges, airfare, lodging, rental vehicles, parking, tolls, and other travel-related arrangements applicable to Client’s wedding are PROVIDED IN BINDING QUOTE.

Unless otherwise stated in the Binding Quote, the first 30 miles of Photographer’s travel are complimentary.

Travel beyond the complimentary area may result in reasonable additional charges.

Any specific travel waiver or special travel arrangement contained in Client’s Binding Quote controls over the standard travel provisions contained in this Agreement.

12. SEPARATE VIDEOGRAPHY SERVICES

Unless specifically stated otherwise in writing, TallulahMade LLC provides photography services only under this Agreement.

If Client chooses to hire JC Estrada or another videographer recommended, referred, or introduced by TallulahMade LLC, that videographer is an independent service provider.

Videography services require a separate agreement between Client and the videographer.

The videographer’s separate agreement governs matters including:

  • Coverage hours

  • Pricing

  • Deposits

  • Payments

  • Travel

  • Deliverables

  • Editing

  • Delivery timelines

  • Cancellation

  • Rescheduling

  • Liability

  • Usage rights

  • Meals and breaks

  • Insurance

  • Additional services

Any videography pricing appearing within Client’s Binding Quote is provided for convenience or coordination purposes unless expressly stated otherwise.

TallulahMade LLC is not responsible for an independently contracted videographer’s:

  • Footage

  • Editing

  • Equipment

  • Performance

  • Travel

  • Availability

  • Cancellation

  • Delivery schedule

  • Contractual obligations

  • Failure to perform

13. CANCELLATION

The required booking payment is non-refundable.

If Client cancels the wedding or photography services, monies previously paid to Photographer are non-refundable except where otherwise required by applicable law.

Because Photographer reserves Client’s wedding date and may decline other work, cancellation within 30 days of the wedding date may result in the remaining contracted photography balance becoming due if Photographer is unable to rebook the reserved date, to the extent permitted by applicable law.

Cancellation of independently contracted services is governed by the contract between Client and the applicable service provider.

14. RESCHEDULING

Client may request to reschedule photography services by providing Photographer with at least 60 days’ notice.

Rescheduling is subject to Photographer’s availability.

Photographer cannot guarantee availability for a new wedding date.

If Photographer is unavailable for Client’s requested rescheduled date, the matter will be treated as a Client cancellation unless another arrangement is mutually agreed to in writing.

Any revised pricing, travel arrangements, venue changes, coverage changes, or other modifications resulting from rescheduling may require an updated Binding Quote.

15. COPYRIGHT

TallulahMade LLC retains copyright ownership of photographs created under this Agreement unless otherwise required by law or expressly transferred in writing.

Purchasing photography services does not transfer copyright ownership to Client.

16. PERSONAL USE LICENSE

Client receives a personal-use license for delivered photographs.

This license permits Client to:

  • Download delivered photographs

  • Print photographs for personal use

  • Share photographs with friends and family

  • Display photographs in Client’s home

  • Post photographs to Client’s personal social-media accounts

Photographer credit is appreciated and requested when images are publicly shared.

Client may not sell, commercially license, materially alter, substantially edit, or apply filters or presets to delivered photographs without Photographer’s written permission.

Commercial use requires separate written authorization.

17. PORTFOLIO USE & MODEL RELEASE

Unless Client requests otherwise in writing, Client grants Photographer permission to use photographs created during the wedding for legitimate business, artistic, editorial, and promotional purposes.

Such uses may include:

  • Portfolio

  • TallulahMade website

  • Social media

  • Advertising

  • Marketing

  • Printed promotional materials

  • Publications

  • Editorial submissions

  • Exhibitions

  • Photography competitions

  • Professional education or portfolio presentation

This permission does not transfer Photographer’s copyright or alter Client’s personal-use license.

18. ARTISTIC STYLE & EDITING

Client acknowledges that Photographer has been selected based upon TallulahMade’s:

  • Existing portfolio

  • Photographic style

  • Artistic approach

  • Editing aesthetic

  • Creative perspective

Photography is an artistic service.

Photographer retains creative discretion regarding:

  • Posing

  • Composition

  • Lighting

  • Lens selection

  • Cropping

  • Color treatment

  • Black-and-white conversion

  • Image selection

  • Editing

  • Retouching

  • Artistic treatment

Individual photographs cannot be guaranteed to precisely replicate another photographer’s work, inspiration photograph, trend, social-media post, or reference image.

RAW or otherwise unedited files are not included unless separately agreed to in writing. Tallulahmade DOES NOT generally release RAW images.

19. CLIENT EXPERIENCE PRIORITY & GUEST REQUESTS

Photographer’s primary professional responsibility is to Client.

Guests may make reasonable photography requests when circumstances permit.

Photographer may decline guest requests when those requests interfere with:

  • Client priorities

  • Scheduled portraits

  • Wedding timeline

  • Important events

  • Photographer workflow

  • Contracted photography services

20. GUEST, VENDOR & CONTENT CREATOR INTERFERENCE

Photographer will make reasonable efforts to work cooperatively with other wedding vendors.

Photographer is not responsible for photographs missed or compromised because another person:

  • Blocks Photographer’s view

  • Enters Photographer’s composition

  • Interferes with portraits

  • Uses disruptive lighting

  • Uses disruptive equipment

  • Delays scheduled photography

  • Prevents Photographer from accessing an event

  • Otherwise interferes with Photographer’s ability to perform

Photographer may reasonably request that another individual move, stop an activity, or otherwise cease interference when necessary to perform contracted services.

21. EXCLUSIVE PROFESSIONAL STILL PHOTOGRAPHER

TallulahMade LLC will serve as the primary professional still photography provider contracted by Client for the wedding unless otherwise expressly agreed to in writing.

This provision does not prevent Client from hiring:

  • Professional videographers

  • Wedding-day content creators

Guest photography is permitted provided it does not materially interfere with professional photography coverage.

Photographer may request that videographers, content creators, guests, or other vendors refrain from interfering with professional photography.

22. WEDDING TIMELINE & CLIENT RESPONSIBILITIES

Client agrees to provide Photographer with the information reasonably necessary to perform contracted photography services.

Client responsibilities include:

  • Providing the wedding-day timeline

  • Providing access to necessary locations

  • Identifying important events and traditions

  • Identifying important family or group photographs when reasonably possible

  • Ensuring necessary participants are available for scheduled portraits

  • Informing Photographer of venue restrictions

  • Informing Photographer of officiant restrictions

  • Providing accurate addresses

  • Providing logistical information

  • Identifying additional locations

  • Communicating permit requirements

  • Communicating insurance requirements

  • Communicating access requirements

  • Providing an appropriate wedding-day contact when necessary

Photographer cannot guarantee photographs of an event, person, detail, or moment Photographer was not reasonably informed about or could not reasonably photograph because of circumstances outside Photographer’s control.

23. MEALS & BREAKS

For photography bookings of four hours or more, Client agrees to provide a meal for Photographer and all TallulahMade personnel working the event, including any second photographers, photography assistants, or other staff accompanying Photographer.

When meals are available onsite, Photographer and applicable staff may take a 30-minute meal break. Meal breaks remain part of the contracted photography coverage period and may be staggered when reasonably possible to minimize interruption to wedding-day coverage.

If meals are not provided, Photographer and applicable staff reserve the right to leave the venue for up to one hour to obtain food.

Any time used to obtain or consume meals remains part of the contracted photography coverage period and does not extend the scheduled ending time.

24. INSURANCE REQUIREMENTS

Photographer maintains business insurance appropriate for professional photography services.

Photographer’s actual insurance coverage is governed exclusively by the terms, conditions, endorsements, exclusions, and limits of Photographer’s insurance policy in effect at the time of the event.

Client is responsible for determining whether any venue or other entity requires:

  • Certificate of Insurance

  • Specific liability limits

  • Additional insured status

  • Special endorsements

  • Special-event insurance

  • Property-specific insurance

  • Workers’ compensation documentation where applicable

  • Other insurance documentation

Client must notify Photographer sufficiently in advance of any applicable requirements.

Photographer will provide reasonably available proof of existing insurance coverage when requested.

If additional coverage, riders, endorsements, certificates, or insurance-related expenses are required specifically for Client’s event, those additional expenses may become Client’s responsibility.

25. SAFETY, HARASSMENT & PROFESSIONAL BOUNDARIES

Photographer is committed to maintaining a safe and professional working environment.

Photographer may temporarily suspend or permanently cease photography services if Photographer or Photographer’s personnel experience:

  • Physical abuse

  • Verbal abuse

  • Threats

  • Harassment

  • Intimidation

  • Unwanted physical contact

  • Aggressive behavior

  • Dangerous activity

  • Illegal activity

  • Unsafe working conditions

  • Repeated material interference

When reasonably possible, Photographer will notify Client or Client’s designated representative and provide an opportunity for the situation to be corrected.

If Photographer reasonably determines that remaining at the event presents a safety risk, Photographer may leave immediately.

If services are terminated because of Client’s or Client’s guests’ conduct, Client is not entitled to a refund for services already performed or time reserved, to the extent permitted by applicable law.

26. VENUE RULES & RESTRICTIONS

Photographer must comply with reasonable rules established by:

  • Venues

  • Officiants

  • Churches

  • Ceremony locations

  • Property owners

  • Parks

  • Municipalities

  • Hotels

  • Government authorities

  • Other authorized parties

Restrictions may include limitations concerning:

  • Flash photography

  • Photographer movement

  • Ceremony positioning

  • Access

  • Lighting

  • Equipment

  • Tripods

  • Photography during certain portions of a ceremony

  • Permits

  • Insurance

  • Commercial photography

Photographer is not responsible for photographs that cannot be obtained because of such restrictions.

27. LIMITATION OF LIABILITY & CIRCUMSTANCES BEYOND PHOTOGRAPHER’S CONTROL

Photographer will exercise reasonable professional care in performing contracted services.

Photographer is not responsible for failure, delay, missed photographs, or compromised coverage resulting from circumstances reasonably outside Photographer’s control, including:

  • Severe weather

  • Natural disasters

  • Transportation disruptions

  • Venue restrictions

  • Government action

  • Emergencies

  • Wedding-day delays

  • Late participants

  • Guest interference

  • Vendor interference

  • Officiant restrictions

  • Lighting conditions

  • Environmental conditions

  • Events outside contracted coverage

  • Unforeseen technical failures despite reasonable professional precautions

  • Denial of location access

  • Failure to obtain required permits

  • Failure to obtain required permissions

  • Failure to disclose insurance requirements

Photographer maintains professional equipment and reasonable backup procedures.

Client acknowledges that no electronic, mechanical, digital, storage, transportation, or technical system can be guaranteed against every possible failure.

Nothing in this Agreement waives liability that cannot legally be waived.

28. PHOTOGRAPHER ILLNESS, EMERGENCY OR INABILITY TO PERFORM

If Photographer is unable to perform contracted services because of serious illness, emergency, accident, or another unforeseen circumstance, Photographer will make reasonable efforts to locate a qualified replacement photographer.

Client is not required to accept a proposed replacement.

If Photographer cannot perform and a mutually acceptable replacement cannot be obtained, Photographer will refund payments attributable to photography services that were not performed.

Services or work already completed may be deducted from the amount refunded where appropriate.

29. IMAGE LOSS OR TECHNICAL FAILURE

In the unlikely event photographs are permanently lost, destroyed, corrupted, or otherwise undeliverable because of circumstances outside Photographer’s reasonable control, any remedy will be determined according to:

  • The extent of the affected photography services

  • Payments received

  • Services actually performed

  • Applicable law

Nothing in this provision limits any right or remedy that cannot lawfully be limited.

30. WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION

Client acknowledges that wedding photography may occur under a variety of conditions, including:

  • Indoor locations

  • Outdoor locations

  • Changing weather

  • Crowded spaces

  • Stairs

  • Uneven terrain

  • Low-light environments

  • Locations controlled by third parties

Client voluntarily assumes the ordinary risks associated with participating in photography activities and agrees to exercise reasonable care for Client’s own safety and the safety of individuals under Client’s supervision.

To the fullest extent permitted by law, Client agrees to release and hold harmless TallulahMade LLC, its owner, employees, assistants, and photography personnel from claims arising from conditions or circumstances outside Photographer’s reasonable control.

Client agrees to indemnify and hold harmless TallulahMade LLC from third-party claims arising from Client’s own negligent, wrongful, or unlawful conduct or the conduct of individuals for whom Client is legally responsible.

Nothing in this Agreement excludes liability that cannot lawfully be waived or limited.

31. INFORMAL RESOLUTION & MEDIATION

If a dispute arises from or relates to this Agreement, Client and Photographer agree to first make a good-faith effort to resolve the matter through direct communication.

If the dispute cannot reasonably be resolved informally, the Parties agree to attempt mediation before beginning litigation, except where:

  • Immediate judicial relief is necessary

  • Applicable law provides otherwise

The Parties will make reasonable efforts to mutually select a mediator.

Disputes involving independently contracted vendors are governed by Client’s agreements with those vendors.

32. GOVERNING LAW, JURISDICTION & VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to conflict-of-law principles, except where federal law or other applicable law controls.

If a dispute arising from this Agreement cannot be resolved through the dispute-resolution procedures above, any lawsuit or legal proceeding shall, to the extent permitted by applicable law, be brought in a court of competent jurisdiction located in:

DESIGNATED Tallahatchie County, State of Mississippi

Client and Photographer consent to the personal jurisdiction of such courts to the extent legally enforceable.

Nothing in this section requires a claim to be filed in a court that lacks jurisdiction or prevents a party from proceeding elsewhere when applicable law requires another jurisdiction or venue.

33. ENTIRE AGREEMENT

This Agreement together with Client’s Binding Quote and any written amendments agreed to by the Parties constitutes the agreement between Photographer and Client concerning the contracted photography services.

The Binding Quote is incorporated into this Agreement.

Agreements between Client and other independently contracted vendors are separate agreements to which TallulahMade LLC is not a party.

If a conflict exists between:

a general provision in this Agreement
and
a specific service, price, deliverable, location, coverage, or travel provision contained in the Binding Quote,

the specific provision contained in the Binding Quote will control with respect to that particular matter.

Any material modification to this Agreement must be made in writing.

34. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permitted or severed when necessary.

The remaining provisions will continue in full force and effect.

35. ELECTRONIC COMMUNICATIONS, RECORDS & SIGNATURES

Client consents to conducting this transaction electronically.

Client also consents to receiving electronically:

  • Agreements

  • Binding Quotes

  • Invoices

  • Payment instructions

  • Notices

  • Other records relating to contracted services

By entering Client’s full legal name into the designated electronic signature field and submitting this Agreement, Client confirms that Client has read, understood, and agreed to the terms of this Agreement.

Client understands that the electronically entered legal name and electronic submission constitute Client’s electronic signature and are intended to have the same legal effect as a handwritten signature in accordance with applicable electronic-signature law.

Payment of the booking invoice following execution of this Agreement constitutes additional confirmation of Client’s acceptance of this Agreement and the incorporated Binding Quote.

36. ACKNOWLEDGMENT & AGREEMENT

By electronically signing and submitting this Agreement, Client acknowledges that Client:

  • Has had an opportunity to read this Agreement

  • Has received or reviewed the Binding Quote

  • Understands that the Binding Quote forms part of this Agreement

  • Understands the material terms of the Agreement

  • Has had an opportunity to ask questions

  • Voluntarily agrees to the terms

  • Understands the booking payment is non-refundable

  • Understands that package-specific services are contained in the Binding Quote

  • Understands additional services may result in additional charges

  • Understands Client’s responsibilities concerning locations and permits

  • Understands Client’s responsibilities concerning venue insurance requirements

  • Understands TallulahMade photography and independently contracted vendor services are governed separately

This Agreement becomes effective upon Client’s electronic execution and submission.

The wedding date/engagement session is not reserved until the required booking payment has also been received.

CLIENT ACCEPTANCE

Client Full Legal Name:
(E-FILED)

Client Electronic Signature:
(E-FILED)

Date Signed:
(E-FILED)

PHOTOGRAPHER

Photographer: TallulahMade LLC, Epifania (Tiff) Arriagada

Authorized Representative:
(E-FILED / AUTO-FILLED)

Date:
(E-FILED / AUTO-FILLED)