Contract Terms and Conditions:
All terms and conditions are hereby agreed upon by all parties, including any amendments. The Clients agree that by electronically providing their name above and below the Clients are signing this contract and are purchasing a product or service from Jay Grubb Photography in which he or she and or both while adhere in the terms and conditions outlined in this contract.
The Client agrees to the terms and conditions within the contract. The purchaser of any package or product and the client holding the event is over the age of 18 and a legally competent adult.
This contract is between “Jay Grubb Photography” (hereafter “Photographer”) and the couple holding the event and getting married(hereafter Clients or Client, governs the assignment of capturing the event on digital media and with the contract terms and conditions constitutes the entire agreement between the parties concerning the assignment. Any amendments to this agreement shall be made and agreed in writing. The Photographer does not work for a 3rd party who is paying for the package or Photographer’s expense in capturing the event, photo booth rental, or photo session including but not limited to a family member, friend, guest, or other person. Additional products or services purchased and or added by the Clients shall adhere to the terms and conditions described within this contract. This Agreement may be executed in one or more counterparts, including electronic versions, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. The term Photographer may refer to a person capturing still or moving images such as a photographer, attendant, assistant, or videographer.
The PHOTOGRAPHER shall provide a copy digitally if this contract upon payment or retainer of a package or photo session to the Clients only. The Clients agree to not use the format or any contents in part or whole of this contract for the CLIENTS or another business’s personal gain.
Photographer is to authorized to capture still or moving-photographs(video) at the event or session. Photographs shall be made in digital format and shall be of style and quality generally similar to photographs visible on Photographer’s website at http://www.fotojax.com or the Photographer’s Facebook Business Page. The term photograph may be represented by the term image. Photographer reserves the right to leave the event or location if the Photographer, the photographers associates, assistants, or individual determine his/her own safety or equipment to be threatened physically or verbally and the Clients shall represent the Photographer on the internet and offline in a positive manner and no refunds whatsoever will be given.
The Clients understand and agree that photography and videography is art and is subjective to an individual. The Clients understand and agree that art requires a workflow process and will deliverables vary in estimated delivery times.
No license is granted whatsoever for proof images if included in a package, as proof images are not suitable for any kind of reproduction or distribution whatsoever including physical or digital copying. Proofs are for viewing purposes only and no screen shots or copying of any kind is permitted at any time. Should this occur a fee will be assed in which the Client is liable for. Proofs of Photographer’s selection of images taken at the event are provided via the Internet generally in an online gallery of images that are not publicly visible unless authorized, and which restricts copying, sharing, “screen shots” or downloading of these proof images. The estimated time of a proofs to be delivered are subject to unforeseen circumstances such as acts of god, weather, holidays, busy season, or other specialty circumstances.
Should a Client or Guest copy the proofs an additional fee may be accessed in which the photographer assigns the fee
amount. Within 30 days the Clients shall indicate which proofs they have selected by choosing favorites using the tools available in the online gallery. Final still images shall then be prepared and delivered to Clients generally but not guaranteed within 6-8 weeks after selects have been made unless the client takes longer than the 30 days allotted to choose proofs as the Photographer must make workflow changes for scheduling, editing or retouching session. Longer deliver times may transpire due to Client delayed response, changes or requests to selections of favorites, Client inabilities to correspond, unforeseen circumstances, heavy workload, busy season, or technical difficulties. Clients are given 30 days to select proofs to attend to the photographer’s workflow in which on the 31st day and hereafter the
photographer reserves the right to choose the final images to deliver. The Photographer reserves the right to contact the Client with a reminder either by phone or email. Should the Client need longer than the 30 days allotted for image selection, the Client shall provide written intention by email or need in which the Photographer will charge a fee to the Client if necessary at the Photographers discretion as the Photographer may incur additional charges that include but are not limited to online gallery hosting fees, excessive communication, additional labor, between the Clients and Photographer. The Clients acknowledge that ordering proofs as a physical print is not an acceptable practice or standard and no refunds will be given for receiving an image that states proof or contains an other watermark. Should a Client, a Client's Guest order a proof as a print, the Client shall not hold the Photographer responsible whatsoever.
Should the Client go past the allotted time to choose proofs, the Photographer does not guarantee a delivery date and a fee may be accessed to keep the ability for the Client to choose selection of images from proofs in the online gallery. The Client understands and agrees that he or she is aware that extended delays may transpire should the Client go past the allotted time allowed for choosing favorites from a proof gallery. The Client shall not wait for moving images to be delivered in order to make selections of images to adhere to the Photographers workflow.
An expedited fee may requested by the client to expedite a final image in whole or part in which the Photographer shall determine, bill, and client pay to receive expedited service.
A minimum restoration fee for an online gallery that has expired and been removed is $250 due to the vast amount of effort to locate, export, upload, reorganize, and share with the Client. The Client is required in making favorite selections during the specified time mentioned above to minimize the Photographer(s) workflow, added communication time, and additional effort.
Both Individuals as Clients are Responsible
The Clients understand the Photographer does not work for any other vendor, family, member, or guest before, during, or after the event.
The Clients understand and agree no additional service or products are included other than what is written with the package, product, or service that was purchased.
The Client understand and agrees that no product or service shall be delivered with an unpaid or remaining balance either included with this contract, or additional added services or products at a later date. Should the Client add an additional product(s) and service(s) this contract is applicable. Should any balance be owed to the Photographer for any added product, no service, proofs, images, photographs, video, or other items will not be delivered by the Photographer for any reason whatsoever until the balance has been paid in full including any fees incurred. Both Clients understand that both and each individual Client of the event is responsible for any and all unpaid balances in which both Clients are subject to paying before any deliverables shall be made. Both individual Clients are responsible for any unpaid balances regardless of relationship status, situation, or unforeseen circumstance and the Photographer reserves the right to bill and collect monies from either Client.
PERSONAL PRINT RELEASE & LICENSE:
Clients shall be granted a usage license for personal, non-commercial reproduction of final versions of Client-selected images and moving photographs(video) delivered to the Client by the Photographer in accordance with all terms of this Agreement.
The Clients shall not sell, license, sublicense, or authorize images still or moving to be sold in any way or for any purpose images produced under this Agreement.
Making prints, albums, sharing online, etc. shall be permitted for the Clients by 3rd parties if only stated in the purchased package. Images still or moving from the assignment that are distributed via the Internet by the Clients shall be given credit that includes a link to Photographer’s website, http://www.fotojax.com.
Delivered unedited raw video footage included in a purchased package may be edited by the Client or 3rd party but must notify the photographer and purpose prior and in a manner that does no defame the Photographer, team members, subcontractors, or business nor shall any 3rd party claim ownership, creation, or rights to the raw video footage.
Any edited delivered images or moving photographs(video) such as a highlights film by the Photographer may not be edited whatsoever by the Client without express permission in writing by The Photographer.
Family members of the Client do not have permission to print images without express written permission of the Photographer but have permission to order prints directly from the online gallery provided by the Photographer. Guests and Family members may order prints directly from the photographer or through the Photographer’s online tools without permission or approval of the Clients.
A non-exclusive usage license for personal, non-commercial reproduction of the final selected images shall be included, subject to all terms of this Agreement to the Clients only.
Only Clients shall be permitted to make their own prints, albums, share images via Internet, etc, of any and all final images so long as the images have not been edited differently as delivered unless given written permission. Additional edits or changes to the images or moving photographs by the Client must have written permission by the photographer unless included in their package or stated in an amendment or other contract.
Family members or guests do not have any rights to proofs or delivered images still or moving.
The Photographer works for the bride and groom directly and will seek permission or accommodations when requested from coordinator planner, assistant, any vendor, guest or family members.
The Photographer reserves the right to sell digital or physical prints of images taken at the event of guests, family members, or vendors at the event or through the Photographers online gallery, studio, or website.
FEES & EXPENSES
The fees and expenses bid or estimated by the Photographer are for the original job description only as presented by the Client. Subsequent changes or actual event condition changes may result in additional charges such as but not limited to larger guest count, larger bridal party, or multiple locations added.
If the time required to fulfill the assignment should extend beyond the hours included in the purchased package, the photographer’s additional time will be billed at the hourly rate of
$350 and billed in one hour increments. Should both a photographer and a videographer team be present, the videography team requires an additional $350 per hour over the scheduled time.
Photographer agrees to minimize any and all unexpected expenses. Photographer shall seek approval of additional expenses whenever reasonable and appropriate. Nevertheless, unexpected expenses shall be added on as an addition to the original estimated total, and shall be billed accordingly. No final versions of images will be released to Clients until payment has been received in full.
PARKING AND TRANSPORTATION
Due to the nature of service The Photographer must have easy access to his or her vehicle at all times during an event in which the Client shall ensure. The Client is responsible for event or location parking fees and or transportation costs that exceed $10.00 and will be billed after the event accordingly.
TIMELINE & COORDINATING OF THE EVENT:
A final timeline of the event during the Photographer's coverage hours must be provided in writing from the client or appointed individual to the photographer prior to the event beginning 2-4 weeks before the event. Clients are required to have a day of coordinator and timeline of the events to transpire for proper photography or video coverage. Coordinating service, guests, and other planned events on the day of the event is not the job of or role of the Photographer. Should a coordinator not be present, coordination by the photographer may be provided for an additional fee to be determined by the Photographer but is not required nor expected in providing coordinating service.
Client will make payments such that they will be received no later than 30 days prior to the wedding date. If the wedding is booked under 30 days, the client agrees to pay for the event in full. Payments can be made with Cash, Credit Cards online or in person. Checks are not accepted. Declined payments or charges are the responsibility of the Clients subject to the Clients paying in full prior to receipt of final images.
A payment plan is defined understood by the action of Clients placing a retainer or other partial payment of monies paid to the Photographer. Should a payment plan be in agreement with the client, the client understands and agrees that a $50 charge will be charged for each late payment of the agreed date(s) payments are due. Late fees will not be refunded for any reason including cancelation or postponement of services.
Should service or products be extended on the day of the event which results in additional labor, charges and or fees, the Photographer shall notify the Client immediately in writing or verbally and no products or services digitally or physically will be provided until after the charge and or fee has been paid.
Photographer reserves the right to leave the event, session, or location if the Photographer, the photographers associates, assistants, or individual determine his/her own safety or equipment to be threatened physically or verbally and the Clients shall represent the Photographer on the internet and offline in a positive manner and no refunds whatsoever will be given.
RETAINER, CHANGES, & CANCELLATION:
The Clients understand and agrees a retainer fee paid is non-refundable, regardless of circumstance.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, or the fault of a third party. Photographer must be notified of cancellation no less than 60 days before the originally scheduled date of the event. If cancellation occurs within 60 days of the originally scheduled wedding day, Photographer shall still paid in full for the package or services requested prior hand. Should the wedding be cancelled prior to 60 days and payments exceed the retainer amount either a credit or refund shall be determined solely at the Photographers discretion and is not guaranteed. The Clients shall not represent on the internet negative feedback or negative review, verbal or in writing of the Photographer in any way should the event or session be canceled by the Clients.
Any and all expenses incurred by the Photographer for the purpose of
completing the Assignment such as but not limited to an engagement session, consultation, correspondence, time worked, research, application fees, rental or purchase of photo equipment, props, etc. shall also be paid by the Client.
If this contract, service, or an individual product is cancelled at any time before the Event by the Photographer, any amount other than services already performed shall be refunded to the Client, with the exception of any expenses incurred in the production of the assignment, which shall not be refunded to the Client. Photographer reserves the right to cancel this contract, product, or service at any time, particularly if the scope of work required completing the assignment changes substantially or an unforeseen circumstance arises.
In the event of cancellations the Clients, the retainer paid is non-refundable. The client agrees to provide cancellation notice in writing and releases THE PHOTOGRAPHER from any responsibilities and liabilities and shall provide only positive representation of The Photographer verbally, in writing, and on the internet.
Should a Client request a change to the package, the event date, location, or session date the Client understands the Photographer has saved the date specifically for the
CLIENT'S event or session and the agreed value of the new package or service must be equal to or greater than the original agreed upon package or service. The Photographer agrees to make reasonable changes should this occur but is not required to do so particularly if the scope of the work changes dramatically. Additional fees will apply for changes that increase the PHOTOGRAPHER's work load, travel time, fees, or other unforeseen expenses and The Clients understand and agree in paying the additional fees.
Should the wedding be postponed to a later date for any reason, Clients understand that Photographer may not be available for the new date and will forfeit 100% of monies paid. Should Client postpone the wedding to a date for which the Photographer is not available, the assignment shall be considered cancelled by the Client, and the cancellation agreement above shall apply. Photographer shall be notified of any postponement or likelihood of postponement as soon as possible, and will make every reasonable effort to be available for the new date. In the event the assignment is postponed, additional expenses may be incurred such as new rates, seasonal rates, travel and time expenses, economic inflation, and other
unforeseen expenses. The Photographer reserves the right to hire or assign an alternate photographer to cover the event and will notify the Clients should an alternate photographer need to be assigned.
BREAKS & MEALS
The PHOTOGRAPHER and Team Members will be provided a break at an appropriate time during the event according to Fl State Law. Should
the event be 6 hours or longer a hot meal shall be provided for each PHOTOGRAPHER and Team Member present at the event. The
PHOTOGRAPHER and or Team Member must have worked 6 hours or longer to receive a hot meal. Should the event be 12 hours or longer 2
hot meals per Team Member must provided.
The Clients understand and agree that photography and videography is art and is subjective to an individual. The Clients understand and agree that art requires a workflow process and will there to the workflow. Packages, services, products, and art deliverables vary in estimated delivery times and the Clients understand and agree that other clients or companies may have delivery dates.
Deliverables of services, products, or services included are only specifically what a package includes and nothing more than what is purchased. Moving or still images may be delivered between the estimated time of being delivered between the end of the event to 24 weeks due to nature of work process however longer deliver times may transpire due to extensive requests, the Clients delayed selection of favorites, Clients lack of correspondence, unforeseen circumstances, heavy workload, busy season, or technical difficulties. Estimated times are estimates only and no specific date is guaranteed due to the nature of service.
Packaging for physical products included unless otherwise stated in a package or amendment shall be shipped in plain packaging. Boutique style packaging may be purchased for an additional fee upon request.
The Client understands photography and videography is art and editing of still or moving images or deliverables of products from photos or video clips may require additional estimated time such as but not limited to photo albums, usb thumb drives, and hard drives.
Final still images will be delivered in the JPEG file format in accordance with industry
standards, and shall be available via Internet for a period of no more than the specified length of time purchased in a package in a publicly-visible
online gallery if included in the package or via a usb thumbdrive if included in the package. Online gallery extensions and or longer periods are available upon request but may incur a few.
Raw or original unedited files will not be provided unless specified in the package and are available at an additional cost to be determined by the photographer however the photographer is not required nor expected to sell the raw files to the Clients. Using a RAW image or Raw video file requires editing in which the Client understands.
Physical prints shall not be provided under this Agreement but perhaps of the package purchased.
A DVD or USB thumb drive shall be provided if part of the purchased package only.
Raw video footage often requires a physical storage device to be purchased by The Photographer in advance to the event and The Client
understand raw video footage deliver dates may take much longer than digital photographs for delivery.
A Print Credit and Gift Card provided by the Photographer are considered complementary and are non refundable amounts. Print Credits and Gift Cards have expiration dates in which the Client understands and agrees to use by the expiration date. Should the Clients not use in full or in part the Print Credit and Gift Card balance’s expiration the Clients forfeit its value. A reactivation fee may be incurred past a Print Credit and Gift Card expiration date.
Web-ready, watermarked versions of the final images, appropriate for social networking websites (such as Facebook) may be provided upon request but are not
guaranteed along with the high-resolution JPEG versions.
The Clients agree that Photographer is hired for creative interpretation, and may deliver artistic images including ones that have areas of selective
focus, or in black-and-white, with creative framing or cropping, or with other effects. While allowing for artistic interpretation, an image shall be considered “usable” if it generally meets the following criteria: 1) The primary subject of the photograph is in focus, 2) The exposure of the
photograph is such that there is a range of believable tones from dark to light, 3) The color of skin tones is believable to a reasonable person.
Online Galleries & Prints are provided through a 3rd party company and are subject to technology updates, software updates, and potential errors outside of the control of the Photographer in which such a circumstance occurs the Clients shall not hold the Photographer liable in any way. Clients are advised to contact the 3rd party direct should an error occur.
Frequently the Photographer may place advertisements, posts, images, and or other information on social media which is at the sole discretion of the Photographer which also may use scheduling tools to place media online which may not be representative of a current day or specific moment in time. The Photographer does not guarantee placement of images still or moving on social media. The Clients shall always post images still or moving of the Photographer in a positive manner.
POLICIES and EXPECTATIONS
The Clients understand photography and videography is an art and subjective.
The Clients shall set realistic expectations based on the package purchased, delivery dates of the event or session provided to be captured with information communicated to the Photographer such as time allotted for during the event/session, information provided to the photographer, and the Clients will allot time for the Photographer to perform duties hired for as described in the contract for delivery.
The Clients understands live events such as weddings have multiple moving parts, factors, and considerations in which the photographer is not in charge of.
The Clients shall ensure a safe environment for the Photographer at the event.
The Client shall respect the photographers personal time in positive manner including personal and business media posts.
The Clients understand the Photographer’s preferred communication is through
phone and email due to the large methods of communication tools available. Texting and or an online messenger service is not recommended and inquiries may go unanswered.
The Client is highly encouraged to schedule an appointment or consultation.
The Client understands and agrees the Photographer has many clients which the
Photographer interacts with and may not be available immediately to respond or schedule due to the nature of service.
The Client shall contact the Photographer via phone during the business hours of 9 am and 5 pm Monday through Friday, unless other arrangements have
been made prior hand.
The Client understands The Photographer is at other events daily especially weekends(Friday through Sunday) and is unavailable to respond.
The Photographer frequently works in an environment away from email and phone communication to concentrate on shooting media, digital services, tasks, editing, and other aspects which require uninterrupted and undivided attention.
The Client understand the Photographer travels frequently and is unable to respond.
The Client understands how to check junk and or spam folders in email accounts.
The Photographer is not responsible for technical knowledge or abilities of the Clients specific computer, mobile device, and or electronic device.
The Photographer reserves the right to refrain from using The Client and or a Guest(s) camera(s) or device(s).
The Client shall not request The Photographer to capture or participate in an illegal activity.
The Photographer is not responsible for intoxicated guests, clients, or images still or moving affected due to the consumption of alcohol or drugs by clients or guests.
The Photographer is not required to post an image still or moving on social media or online on behalf of the Client. The Client shall contact the Photographer should the Client desire social media posts.
Should The Client not adequately have backed up delivered media and requests The Photographer to provide a copy of media at a later date than the package includes,
the minimum fee is $250 to account for the Photographers additional time and effort to search, recover, and deliver media however the Photographer is not obligated to do so.
The Client is aware and has been notified that the term "busy wedding season" to The Photographer refers to the "busy wedding season" all year in the state of Florida and Georgia due to the tropical climate.
Deliverables of services, products, or services included are only specifically what a package includes and nothing more than what is purchased.
The Photographer frequently works in bulk of sessions, events, editing, and delivery to maintain a workflow balance of sessions, event coverage, and editing.
The Photographer is not responsible for poor lighting conditions provided by The Client, nature, venue, DJ, or other factors and The Client is hereby notified in writing to seek proper lighting of an event or location which is not the responsibility of the Photographer although the Photographer may provide lighting tools he or she may regularly use.
The Client shall notify the Photographer in writing of an address change, for physical products to be shipped/delivered.
Additional fees may be accessed should the client not pick up the shipped/delivered products timely from a delivery carrier causing the Photographer to redeliver or ship
The Photographer is not responsible for lost products from shipping carriers.
The Photographer is not responsible for education of family members and or guests on technologies used. The Photographer may provide complimentary tools
or sources for education purposes only but is not guaranteed by this contract.
The Client shall always represent the Photographer in a positive manner both in person, online, offline, before and after the event.
The Client shall have a clean uncluttered area to work in, at, or around especially in getting ready locations.
The Photographer is not responsible for cleaning a preparation room, hotel room, accommodation, or work area by another company, vendor or individual.
The Client or The Client's guests shall have the Clients attire prepared for capturing as well as any other desired items prior to the Photographers arrival.
All work produced under this contract is copyrighted by Photographer, and all rights are reserved to the Photographer except those specifically
granted herein. No “work for hire” contract is agreed or implied. Grant of any reproduction rights to any images produced and delivered to the Client is conditioned upon receipt of payment in full, and subject to all terms and conditions of this Agreement. All rights not expressly granted to
the Clients shall be reserved by Photographer. Under no circumstances shall Clients present, or permit any third party to present Photographer’s work as being that of anyone other than Photographer. The Clients also understand that the Photographer is the primarily photographer and or video service provider and will encourage guests to refrain use of professional camera equipment such as DSLRs unless otherwise specified in another agreement or amendment to ensure the increase in opportunity to capture a specific moment or view. There may times that no other use of cameras are permitted for the photographer is
consulted for setting up photographic shots from the Photographer's experience, creativity and originality. Use of guests’ smart phones, point and shoot cameras, flash equipment, or similar are permitted so long as it does not hinder the Photographers ability to capture moments, angles, backgrounds, or subjects for optimum customer satisfaction. Example: a wide angle view attempted by the photographer of a ceremony taken from the back of a venue or church in which guests have digital devices in the air or aisle hinders creativity, viewing, and social etiquette. Large traditional group photos require a groups attention and a guest’s camera can keep the subject(s) distracted preventing a Photographer the ability to capture the intended photo. The photographs and video produced by THE PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without THE PHOTOGRAPHER's explicitly written permission. Upon final payment by the client, limited printing copyright ownership of the resulting images will be transferred to the clients: digital copies of the images delivered by the Photographer are the personal property of the Client for personal use only and for the purposes of the reproduction. The client must obtain written permission from and compensate THE PHOTOGRAPHER prior to the client or its friends and relatives publishing the photographs for profit. Guests at the event do not have have the option to print photographs by the PHOTOGRAPHER unless explicitly written by the Photographer. Guests are encouraged to order prints directly from the PHOTOGRAPHER, The PHOTOGRAPHER's website or The CLIENT'S online gallery. The Photographer has permission to sell physical or digital images of guests but is not required to do so.
Clients hereby indemnify and hold Photographer harmless against any and all liabilities, claims, and expenses, including attorney’s fees, arising from Clients’ use of Photographer’s Work.
There are situations when a problem may arise, due to the sometimes unpredictable nature of assignment photography and the Clients understand.
Photographer shall take reasonable steps to complete Assignment satisfactorily and in keeping with this Agreement.
In no circumstance shall Photographer be liable for any dollar amount that is greater than the sum of that which has been received by Photographer.
Clients shall be responsible for obtaining any necessary permits or permissions for the event, photo session, aerial drone use, and or paying any associated fees, in which the Clients understand the Photographer will not be held liable for any losses of coverage or time occurring because of missing permits or permissions. Every reasonable effort will be made to photograph aspects of the event, however Photographer will not be responsible for the lack of coverage or lost photo opportunities due to the need for more than one photographer or videographer, weather conditions, schedule complications due to lateness of individuals or groups, or rules and restrictions of the event locations.
Photographer is not be responsible for moments lost from moving to indoor or outdoor environments from another indoor outdoor environment that have different temperatures in which causes fogging or condensation on the Photographer’s equipment.
Clients are aware and understand that moving to indoor or outdoor environment to another indoor or outdoor environment may have different temperatures in which causes fogging or condensation and should plan accordingly.
Photographer retains the right to discretion on all proofs and final images still or moving delivered.
Clients are encouraged to appoint a 3rd party such as a guest or event coordinator to gather together groups of individuals for group portraits.
Rehearsals and Consultations are highly encouraged for better final production and present nation quality.
Photographer will make every reasonable effort to meet Clients’ wishes regarding desired images, but shall not be held responsible for failing to photograph still or moving images any particular individual, combination of individuals, group, or moment in time.
Photographer does not guarantee to deliver any particular image. Photographer may choose to bring an assistant, production team for equipment
assistance, additional coverage, or similar related assistance at the event.
Damages or theft to the photographer’s equipment while on assignment are to be replaced by equal monetary compensation by the client prior to the receipt of the final images or service products.
The Photographer may make changes to an online gallery and or service provider without prior consent or notification to the Client.
AERIAL PHOTO & VIDEO (DRONE)
Aerial still photographs or moving images(video) are subject to local and federal laws as well as unforeseen circumstances, weather, location restrictions, and obstacles. Should the Photographer be unable to perform or capture aerial or moving pictures for any reason, the Client will not hold the Photographer accountable or liable and will maintain a positive rating with the Photographer should one of these rules or circumstances apply. The Photographer shall at his discretion offer a reschedule, credit, or refund. The Client shall not ask the The Photographer to perform or fly in an unsafe manner or location.
Revisions of any product digitally or physically are not included in this contract or agreement however may be included in writing on a package. The Clients understand and agree should the clients request a revision to either or both a still image or moving images(video) for editing a fee may be administered by The Photographer to accommodate the additional work, time, and expenses included to accomplish the revision(s) in which the fee must be paid in full prior to delivery.
DATA AND/OR IMAGE PERMANENCE:
Images still or moving delivered to Clients shall meet industry standards for data and/or image permanence and health. Clients are advised to immediately make backup copies of digital files on archived media, verify those copies, and store them securely in three different locations physically. ThePhotographer is not responsible for digital or physical media for long term storage. Clients are further advised to replace those backup copies every two years, updating them to whatever is the current standard. The Clients are also recommended to make a 3rd backup and place at another suitable location in case of any unforeseen circumstance. Photographer shall not be liable for keeping archive copies of images, or for degradation of data over time. Images in the form of prints, albums, books, or other physical products are also subject to degradation over time and should be stored, displayed, and maintained by Clients with care. Nevertheless, degradation over time is always a possibility, and Photographer does not guarantee the permanence of any product. Should The Client not back up the media and requests The Photographer to provide a copy at a later date than the package includes, the
minimum fee is $250 to account for the Photographers additional time and effort to search and recover media.
The client hereby grants to THE PHOTOGRAPHER and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the Clients, family, and or guests may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.
The client hereby releases THE PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relating to said photographs. On behalf of all attendees of the event, Clients hereby grant the following rights and permissions to Photographer, his legal representatives and assigns, those for whom Photographer is acting, and those
acting with his authority and permission. Photographer has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of those photographed, including any minors, or in which any minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the adult’s or minor’s own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer’s studios, website, or elsewhere, and in any and all media now or hereafter known, including the Internet, for art, advertising, trade, or any other purpose whatsoever. Clients also consent to the use of any published matter in conjunction with such photographs. Clients specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Clients waive any rights they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the uses to which it may be applied. Clients
understand that the images of those photographed, including any minors, may be used in print or on the Internet. Clients nevertheless consent to this use. Clients release, discharge, and agree to hold harmless and defend Photographer, the legal representatives or assigns, and all persons acting under the Photographers permission or authority or those for whom the person is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. Clients hereby warrant that they are legal and competent adults and have legal authority to make such an agreement on behalf of any minor present at the event, photo session, and or wedding. Clients state further that they have read the included authorization, release, and agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Clients, and Client’s respective heirs, legal representatives, and assigns. Clients also agree that and understand no other professional camera equipment for still images or moving are to be used to ensure proper coverage and access to the event unless otherwise
discussed or stated in an amendment. The Client gives permission to be contacted via phone, text, and or email.
ACCESS, SPACE & POWER FOR PHOTO BOOTH: Clients will arrange for an appropriate space for the Photo Booth at a location event's venue. Client is responsible for providing power for the Photo Booth. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper power is the responsibility of the client. The client shall provide crowd control if warranted
and furnish PHOTOGRAPHER with directions to the event. Client shall provide PHOTOGRAPHER with safe and appropriate working conditions and a solid floor.
The CLIENTS acknowledge that they shall be responsible for any damage or loss to the PHOTOGRAPHER's equipment and any items used for performing a Photo Booth operation with the following reasons a) Any misuse of the Provider's Equipment by Client or its guests ( invited or uninvited) or b) Any theft or disaster (including but not limited to fire, flood or earthquake). Clients acknowledges PHOTOGRAPHER shall have the right to decline service to client's guest ( invited or uninvited), for misuse, inappropriate photos or inappropriate behavior. Should damages occur no final deliverables will be be performed until 100% of the fees accessed for repairs or replacement of items has transpired in addition to
any lost monies due to the damage.
USE OF EQUIPMENT
Should the CLIENT request use of the Photographer’s equipment or has rented an item for use, the CLIENT takes 100% financial liability of the items used and actions thereof used with. Should an item be lost or stolen the CLIENT is responsible for reimbursement of the items and any lost monies by the PHOTOGRAPHER from the absence of use the item.
The Photographer is limited by the guidelines of the venue, location owner, ceremony official, FAA, or reception site management.
The CLIENTS agree to accept the technical results of their presented event, timeline, restraints and imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the CLIENT'S responsibility; THE PHOTOGRAPHER will offer technical recommendations only.
Client grants THE PHOTOGRAPHER permission to display images as an example of THE PHOTOGRAPHER's work, marketing, and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
LIMIT OF LIABILITY:
In the unlikely event that the Photographer is injured or becomes too ill to cover the event, THE PHOTOGRAPHER will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to
the return of all payments received for the package package purchased except for any services performed, products delivered, or time used for preparation of the event.
THE PHOTOGRAPHER takes the utmost care with respect to exposure, transportation, and processing the photographs and moving images, however, in the unlikely event that photographs or moving images have been lost, stolen, or destroyed for reasons within or beyond THE PHOTOGRAPHER's control, THE PHOTOGRAPHER's liability is limited to the return of payments received for the event minus any expenses that may have incurred such as
performed photo sessions, equipment rental or expenses used, paid fees of any sort, or other duties performed for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the images lost based on the percentage of total number of originals. The CLIENT further grants the PHOTOGRAPHER release from any financial liability exceeding those monies paid based on style or creative interpretation.