Nicole & Daniela (“N&D”) Photography Session
TERMS AND CONDITIONS
1. LIMITED LIABILITY AND INDEMNITY
N&D takes the utmost care with respect to exposure, transportation, and processing the images. In the unlikely event that images have been lost, stolen, or destroyed for reasons beyond N&D’s control, N&D’s liability is limited to the return of all payments received for the Photography Session. Client agrees to indemnify and defend N&D against any and all third party claims, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of incidents or damages resulting from Client actions or omission during the Photography Session.
2. DIGITAL IMAGE FILES
Upon receipt of the digital image files, Client accepts all responsibility for downloading, archiving and protecting the images. N&D is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access the images provided.
3. BACK-UP OF IMAGES
N&D ensures the back-up of images for one (1) year after the event date. N&D cannot guarantee maintaining the perpetual life of all images. Therefore, it is advised that once Client has possession of the images they are stored in a safe place, and back-ups are made of the digital image files by the Client.
4. REQUESTED PHOTOS
While N&D will make every reasonable effort to take photos specifically requested by the Client, Client hereby agrees that this is an uncontrolled event and that due the vagaries of the weather, available light, time restrictions, and willingness of subject(s), N&D does not guarantee all requested photos will be taken.
If payment is not received on or before the scheduled date of the session, N&D reserves the right not to photograph the session. All payments must be made before the commencement of the Photography Session. Bounced checks will result in an additional $25 insufficient funds fee. N&D reserves the right to withhold images until full payment has successfully been received.
6. TRAVEL EXPENSES
Reimbursement for travel is required for locations greater than 30 miles from N&D’s address. Reimbursement reflects travel to and from the destination and must be arranged with N&D in advance.
It is the responsibility of the Client to schedule and receive permission to use various locations for photography. If fees are required by a venue to reserve the location, it shall be Client’s sole responsibility to pay for such fees and arrange for any necessary permits in advance, unless it is discussed with the photographer in advance. Any previously unknown fees N&D are charged the day of the Photography Session must be paid to N&D no later than 30 days after the Photography Session.
In order for Client to receive the best service and most compelling photos possible, N&D must be the exclusive professional photographer for the Photography Session.
9. CREATIVE LICENSE
Images are edited at the Photographer’s discretion, and delivered files may not include all images photographed. N&D reserves the creative right to edit and release only those photos deemed credible as professional in quality and within the Photographer’s artistic standards. N&D reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters.
10. RAW FILES
N&D will photograph photos in RAW format. Once edited, RAW files are converted to jpeg format. All unedited jpeg files are deleted once Client’s online gallery has been generated. If the original files are something Client must have, there will be an additional fee to obtain these. A request for original files along with edited files will only be delivered at N&D’s discretion. N&D has the right to refuse this service.
N&D is the author of all images made hereunder and as provided for by United States Copyright Law. N&D shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format of reproduction. Client is prohibited from altering the photographs in any way. This includes but is not limited to: cropping, converting color or any other means of changing the original artwork. Upon final payment by the Client, limited copyright ownership of the resulting images will be transferred to the Client under the following conditions:
-The photographs are the property of Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
-Any photographs uploaded online will clearly and distinctly attribute credit to “Nicole & Daniela Photography.”
-The Client must obtain written permission from and compensate N&D prior to the Client or their friends and/or relatives publishing or selling the photographs for profit.
12. MODEL RELEASE
The Client hereby grants to N&D and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client 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 N&D and their legal representatives and assigns from all claims and liability relating to said photographs.
A signed contract and 50% retainer fee are required to reserve the date and time of the Photography Session. If the Photography Session is rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be considered liquidated damages to N&D.
By signing this agreement you are hereby accepting all of the above Terms and Conditions.