Terms and Conditions
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Headshots and Portraits Terms
1. SCOPE OF SERVICES
a. The Photographer agrees to provide headshot photography services, for the Client’s students. The service will include capturing individual headshots or portraints.
c. The selection gallery will be delivered digitally by the Photographer, typically in 10-15 business days.
c. Headshot individuals are responsible to arrive within enough time to be photographed during the booking, before the session ends.
2. PAYMENT TERMS
a. A 50% Deposit is required to confirm the booking and reserve the time. The remaining 50% balance is due on the day of the event, prior to the delivery of any images.
3. DELIVERABLES
a. The Photographer agrees to deliver the edited, images to the Client, within a reasonable time after the session, typically within 10-15 business days.
b. The images will be delivered digitally via high-resolution online gallery.
4. COPYRIGHT & USAGE RIGHTS
a. The Photographer retains the copyright to all images created during the session. The Photographer may use their full, pseudonym and/or business name for copyright.
b. The Client and the students are granted a non-exclusive license to use the images for educational, career, headshot business profile and promotional purposes, (including social media, website and non-commercial marketing materials. Any further use, including but not limited to, commercial use, requires written consent from the Photographer and may incur additional fees.
5. RESCHEDULING & CANCELLATION
a. The Client may request to reschedule the session by providing a minimum of 10 business days’ notice.
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b. In the event of cancellation by the Client, the following conditions apply:
- 25% of the total balance is due if cancellation occurs less than 14 days before the event. - 50% of the total balance is due if cancellation occurs less than 5 days before the event.
c. In the highly unlikely event of Photographer cancellation, a refund and/or return of undelivered images and services is available.
6. FORCE MAJEURE
a. In the event of unforeseen circumstances, including but not limited to natural disasters, inclement weather, or other unforeseen events, preventing the successful execution of the photography, both Parties shall make reasonable efforts to reschedule.
b. Neither Party shall be held liable for any losses or damages resulting from events beyond their control, and the obligations under this Agreement shall be suspended during the force majeure event.
7. EDITING & RETOUCHING
a. The Photographer retains the right to provide retouches of the images captured during the headshot photography.
b. The Client may request specific edits, which will be accommodated to the best extent possible, within Photographer’s artistic quality and vision.
8. CLIENT APPROVAL & REVISIONS
a. The Photographer will provide the Client with a preview of images to select from via digital gallery.
b. The Client will be responsible for selecting the images they want edited. The timing for final delivery will begin once the Client’s selections are made.
9. GOVERNING LAW
a. This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law principles.
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Event, Corporate Event and Behind-the-Scenes Photography
1. SCOPE OF SERVICES
a. The Photographer agrees to provide event photography services, including capturing and editing, professional images that are related to the Client's event.
2. PAYMENT TERMS
a. The Client agrees to the payment terms outlined in this Agreement for the event photography services provided by the Photographer.
b. A 50% Deposit is required to confirm the booking and reserve the time. The remaining 60% balance is due on the day of the event, prior to the delivery of any images.
3. EXPENSES
a. The Client is responsible for any additional expenses incurred during the provision of event photography services, that are approved by the client in writing.
4. DELIVERABLES
a. The Photographer agrees to deliver the agreed-upon number of edited, images to the Client, once payment is made in full.
b. The format and method of image delivery will be digital. The Photographer retains the right to select the batch of images for editing selection and delivery, ensuring that the final selection aligns with their professional standards.
5. COPYRIGHT & USAGE RIGHTS
a. The Photographer retains the copyright to all images created during the event photography. The Photographer may use their full, pseudonym and/or business name.
b. The Client is granted a non-exclusive license to use the images for promotional purposes, limited to the Client’s social media pages. Any further use, including but not limited to, advertisements, commercial use, third-party use, replication, duplication or distribution, requires written consent from the Photographer and may incur additional fees.
6. MODEL RELEASE & IMAGES
a. The Client agrees to obtain any necessary model releases or permissions for individuals featured in the event photography, if a model is used.
b. The Client further releases the Photographer from any liability related to the use of images featuring individuals, if applicable, associated with their items
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c. The Photographer reserves the right to use the images for promotional purposes. Client will communicate to Photographer in writing before he event if they would like to opt out of this.
7. RESCHEDULING & CANCELLATION
a. The Client may request to reschedule the photography by providing a minimum of 14 days’ notice.
b. In the event of cancellation by the Client, the following conditions apply: 25% of the total balance is due if cancellation occurs less than 14 days before the event. 40% of the total balance is due if cancellation occurs less than 7 days before the event. In the unlikely event of Photographer cancellation, a refund and/or return of undelivered images, services and materials is available.
8. FORCE MAJEURE
a. In the event of unforeseen circumstances, including but not limited to natural disasters, inclement weather, or other unforeseen events, preventing the successful execution of the event photography, both Parties shall make reasonable efforts to reschedule.
b. Neither Party shall be held liable for any losses or damages resulting from events beyond their control, and the obligations under this Agreement shall be suspended during the force majeure event.
9. CLIENT ACCESSIBILITY AND COOPERATION
a. The Client will provide an available, day-of contact or person, who is authorized to approve or make decisions on behalf of the client, in a timely manner.
9. ADDITIONAL SERVICES & FEES
a. Any additional services requested by the Client and/or any approved additional services beyond the agreed-upon scope, shall be subject to additional fees.
b. Such services may include extended session time, or other requests not explicitly outlined in the initial agreement. The fees for additional services will be agreed upon in writing before implementation.
10. EDITING & RETOUCHING
a. The Photographer retains the exclusive right to provide standard light retouches of the images captured during the event photography.
b. The Client may request specific edits or retouching, which will be accommodated to the best extent possible, within standard light retouching/editing. The final decision on editing style and enhancements rests with the Photographer to ensure consistency with their artistic quality/vision.
11. TURNAROUND TIME
a. The Photographer will provide the Client with an estimated turnaround time for delivering the final edited images. Final delivery is for images that have been fully paid and had an agreement to terms.
12. CLIENT APPROVAL & REVISIONS
a. The Photographer will provide the Client with a preview of a selection of images for selection.
b. The Client may request reasonable revisions to the selected images. Excessive revisions, advanced editing or requests for additional editing, beyond the agreed-upon scope and/or that require more labor, may be subject to additional fees.
13. CONFIDENTIALITY
a. Both Parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the event photography.
b. This includes, but is not limited to recipes and any other information that may be considered confidential. The Photographer and Client shall not use or disclose such information for any purpose other than the provision of photography services outlined in this Agreement. The Photographer’s image, likeness and/or name shall not be used by the Client to promote products.
14. INDEMNITY
a. The Client agrees to indemnify and hold the Photographer harmless from any claims, damages, or liabilities arising from the Client's use of the images provided under this Agreement.
b. This includes but is not limited to claims related to food safety, misrepresentation, or any other issues arising from the Client's products or business.
15. LIABILITY LIMITATIONS
a. The Photographer's liability for any breach of this Agreement or negligence in providing event photography services is limited to the total fee paid by the Client.
b. The Photographer shall not be liable for any indirect, consequential, or incidental damages, including but not limited to the Client’s profits or business interruption.
16. GOVERNING LAW
a. This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law principles.
b. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts located within the jurisdiction of the aforementioned governing law.