ALL PORTRAIT PHOTOGRAPHY – TERMS AND CONDITIONS
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking fee (Deposit)
The Booking Fee (50% of Photo Session Package) secures the time and services of the photographer for the Photo Session and is non refundable or transferable in the event of cancellation by the client(s), it being the agreed loss suffered by the photographer due to cancellation. Photo Sessions that must be postponed to a later date will retain the deposit as long as the photographer can re-schedule for the new date and time but may be subject to a further deposit.
Payments
Following payment of the booking fee, the balance of payments must be paid by the client(s) on the day of the Photo Session . Proofs/photographs cannot be delivered unless payments due have been paid in full. Payments for additional services are due upon ordering of those items.
Display
The photographer may display any photographs included in this contract in her studio, portfolio, literature, display areas exhibitions, competitions, advertising or slide shows, and websites unless otherwise agreed by the parties involved.
Images
All image sizes are nominal. The photographer will provide a pleasing color balance but cannot guarantee exact color matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on sensor the exact color as seen by the human eye.
Retouching
The photographer will retouch, digitally manipulate and finish according to her own discretion. Any retouching, digital manipulation or finishing which is requested by the client(s) may be subject to an extra charge at the discretion of the photographer.
Reorders
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Copyright
The Copyright of all photographs remains by Annette Schreiber. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. According to the U.S. Copyright Office, the owner of the “work” is generally the photographer. It is understood, however, that if a Flash Drive of taken images is purchased as part of this contract, that the client(s) will have the right to reproduce the images therein for personal use only and not for distribution of any kind.
License
The photographer will be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding the location/poses and number of images shall be deemed correct. Due to the unpredictability of the weather and the willingness of subjects it may be impossible to capture all of the images requested.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Attendance
In the unlikely event of the assigned photographer being unable to attend the agreed Photo Session due to unforeseen circumstances, Annette Schreiber Photography reserves the right to appoint another photographer to attend your Photo Session on our behalf to undertake the Photo Session to the best of his/her ability.
In the unlikely event of a total photographic failure or cancellation of contract by either party in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect of consequential loss.
Cancellation
The client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any money already paid.
Digital files
Digital files remain the property of the photographer. The photographer will not be solely responsible for the storage and maintenance of digital files, but will keep digital files intact and available to the client for at least one year from the date of the Photo Session.
Website Display
Photographs from a client’s Photo Session may be displayed on the Annette Schreiber Photography website “It is Personal” if requested. Annette Schreiber Photography will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Annette Schreiber Photography employees.
Prices
All prices include 6% Sales Tax.
Complaints
Any complaints should first be raised by the client to the photographer within 21 days from the receipt of images.
Annette Schreiber Photography
+1 484 222 4994
itispersonal.asp@gmail.com