Terms and Conditions
1. Title (possession) of and copyright to all products shall remain with Photographer until Client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images Clients will be given a written release to make personal copies of images. The client understands the images given cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
2. Creative License. Images are edited at Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
3. Alterations. At no time may the Clients photographic image be altered by the Client. Any proposed post-production work to occur on any and all photographic images of Client must be set forth in writing by Client prior thereto and pre approved by Photographer. Client and Photographer must have approval on any and all photographs that have been altered in any way, even if agreed to prior to photo session, before photos may be used in publication, and reserve the right to ask for approval of prints anytime thereafter before permission is given to use photos again.
4. Coverage. Coverage will be determined by either a day or half day sessions. Half days sessions are the shortest billable sessions, unless prior agreement made between Photographer and Client in exceptional circumstances.
5. Change of Date or Venue. Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, Client must notify Photographer. Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
6. Additional Licenses. Photographer will not make any further license or use of the Photographs for any retrospective or additional use, advertising, promotional, publicity, commercial tie-in, merchandising, or other use and may not assign, auction, transfer, give away or otherwise dispose of the Photographs without first obtaining the written consent of Client in each instance.
7. Cancellation. There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, Client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between Client and Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
8. Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organisational purposes only and in no way represent photography that will actually be produced. Photographer will do its best to fulfil all requests but can make no guarantees all images will be delivered. Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
9. Portfolio Use. Photographer may use approved Photographs for non-commercial, non-publication purposes to promote Photographer’s work, including promotional cards and portfolios. Gallery exhibits are subject to Client’s prior written approval in each instance.
10. Copyright. Copyright in the Photographs will be retained by Photographer, subject to the restrictions and Client’s approval rights in this Agreement. Photographer agrees that no publication, distribution, reproduction, recording, display, or other right under copyright will be exploited by Photographer other than in strict conformity with this Agreement. At Artist's request, Photographer will assign its enforcement rights to Client so that Client may enjoin or otherwise remedy a third parties’ violation of the terms, conditions, and restrictions of this Agreement.
11. Third Party Clearances. Client will be solely responsible for any and all other individual authorisations, releases, consents, clearances, licenses, and payments as may be necessary with respect to the use of the Photographs.
12. Reserved Rights. Any use of the Photographs not expressly licensed to Photographer hereunder is reserved by Client, and Photographer acknowledges and agrees that Client reserves all right, title and interest in Client’s name, voice, likeness, merchandising, commercial tie-in, publicity rights, privacy rights, trademark rights, and other rights under applicable law.
13. Confidentiality. Photographer acknowledges that the privacy of Client is highly valued and that all efforts are made to maintain confidentiality. Accordingly, Photographer agrees not to disclose any confidential, personal, or private information about Client, Client’s family, or Client’s personal relationships at any time, or to write or assist in the writing or preparation of articles, news stories, books, or other productions or materials of any nature whatsoever about or referring to Artist.
14. Indemnity. Photographer shall indemnify and hold harmless Client from any and all damages, costs, and expenses arising out of or in connection with any unauthorised use of the Photographs by Photographer, or any party acting under the authority of Photographer, or any breach of Photographer's warranties, representations, or obligations hereunder.
15. Expenses. Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
16. Force Majeure. If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.