Terms of service.
Overview: This agreement contains the entire understanding between the Photographer and the Client(s). It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all Parties involved. If the Parties wish to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Vaccination: Client(s) attests they are fully vaccinated against COVID-19. "Fully vaccinated" in this regard refers to having at least 2 doses of either Pfizer or Moderna vaccine or 1 dose of the Johnson and Johnson vaccine. Proof of vaccination will be required upon booking.
Change of date or venue: The Photographer must be notified immediately of any changes in schedule or location at least 48 hours prior to the scheduled date of the 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 via email. It is the client’s responsibility to confirm all arrangements at least 7 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.
Retainer: A non-refundable retainer fee of 50% is required for all sessions. The remaining balance is due the date of your session. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered.
Cancellation: There shall be no refund of retainer after signing of the Agreement and the reservation of the photographer date. If the event is cancelled within one week of the date, the Client(s) must pay the remaining 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 the Client(s) and the Photographer. All arrangements will be put in writing. Cancellation must be put in writing, even if a phone call was made to inform the Photographer of the cancellation.
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 any government or religious restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the tardiness of the Client(s), or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications of the Client(s) due to tardiness of the individuals, rules and restrictions of the venue, or the rendering of decorations at the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do their best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client(s) point out important individuals for informal or candid photographs to the Photographer during the shoot. 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 photographers. The Photographer is not responsible if the key individuals fail to appear or cooperate during the photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits, including parking fees.
Copyright: Title (possession) of and copyright to all products shall remain with the Photographer until the client has paid in full. The negatives and/or digital images (hereinafter collectively referred to as “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 elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
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 subcontractor(s). If purchasing hi-resolution images on CD/DVD, clients will be given a written release to make personal copies of images from CDs/DVDs. The client understands that the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
Exclusive Photographer: The Photographer and/or and photographers hired by the Photographer to photograph shall be their exclusive photographer(s) retained by the Client for the purpose of this photography session. Family and friends of the Client(s) and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs in order to ensure proper exposure of images.
Expenses: Travel expenses such as parking, shipping, or destinations 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.
Garments: The Photographer cannot be held responsible for damage to garments due to environmental events. Client(s) is responsible to arrange personal assistance for garments.
Creative License: Images are edited at the Photographer’s discretion and delivered prints may not include all images shot. The Photographer reserves the creative right to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards.
Force majeure: If the Photographer or their assigns cannot perform this Agreement due to 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, the Photographer shall return any moneys paid by the Client, less retainer fees and 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, memory card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Delivery: The Photographer will endeavor to deliver digital files as quickly as possible. If Client(s) does not receive digital files 6 weeks or more after
Acceptance of Terms: This Agreement will be deemed to be a contact made under the laws of the United States of America and the state of California, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of California. Client will pay all arbitration and court costs, reasonably legal fees, expenses, and legal interest on any award of judgment in favor of the Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from this Agreement and shall not affect the validity of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a session by Client(s) will constitute acceptance of all above legal terms.