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Agreement Overview
This agreement contains the entire understanding between the Photographer (including assistants and subcontractors) and the Client. 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 the Parties. If the Parties want 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.
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Deposit
A deposit fee of 10% of total quote is required for all events.
This is a non-refundable deposit. In the event of cancellation, the deposit paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, reschedule, postponement, or breach of contract by the Client. No date is reserved until a deposit is received. The deposit shall be applied towards the total cost of the service to be rendered.
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Payments
The balance of the complete package price must be paid 5 days before the day of event. If final payment is not received, the Photographer, assistants and subcontractors will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order. The Client shall also be responsible for payment for any of the photographers materials and wages charges incurred up to time of cancellation.
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Pricing
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.
Expenses
Clients are responsible for all location fees and permits.
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Cancellation
Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the 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.
TERMS AND CONDITIONS
Limit of liability
Force Majeure
If the Photographer, assistants and subcontractors or its assigns cannot perform this Agreement due to a fire, injury, illness, 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, but shall have no further liability with respect to the Agreement.
This limitation of liability shall also apply in the event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographers, assistants and subcontractors control, including but not limited to camera, hard drive, or equipment malfunction, the photographers liability is limited to the return of all payments received for the event(s).
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.
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Copyright
Title (possession) of and copyright to all products shall remain with the Photographer. All photos are copyrighted. The digital images and artwork (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. If purchasing images on USB/CD or by email Clients will be given a written release to make personal copies of images from USB/CD/email. The client understands the images given on USB/CD/email cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
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Permission/model release for use of images
The Photographer shall seek the permission from the guest/s at the event for permission to use the images, they are under no obligation to agree, if they agree, they will then be asked to sign in a permissions/model release book (not everybody is asked, only when the photographer considers the image/s to be useful for promotion) agreeing to the following :-
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Permission is herby 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 in relation to promoting the business, in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
Creative License
Images are edited at the Photographer’s discretion. 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.
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Post production and editing
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
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Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location. 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 5 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.
The Photographer kindly asks that the Client get in touch with the Photographer 5 days 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.
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Permits
The Client is responsible for acquiring all permits and necessary permission for all locations on which the photographer, assistants and subcontractors will be performing services.
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Venue and location limitations
The photographers service is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the Client's responsibility; the photographer will offer technical recommendations only.
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Safety
The Photographer, assistants and subcontractors reserves the right to terminate coverage and leave the location of the Event(s) if the Photographer, assistants and subcontractors experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the Event(s) or in the event that the safety of the Photographer, the assistants and subcontractors is in question.
Responsibilities
The Photographer is not responsible for compromised sessions due to causes beyond the control of the Photographer, assistants and subcontractors, including but not limited to obtrusive guests, lateness of guests, schedule complications, incorrect addresses provided to the Photographer, or restrictions of the locations. The Photographer will not be held accountable for failure to deliver images of any individuals at the Event(s)