TERMS AND CONDITIONS
- Services | Terms
Client understands by scheduling services that they have fully read / accepted all terms and conditions. All services and deliverables will be stated in quote and any modification will incur additional fees for services and products.
Digital Images – JPEGs are delivered via download link (dropbox) with dimensions 8x12in 300 DPI (3600x2400px). If client requires media to be delivered by USB drive or Compact Disk, this must be requested. If client has specific image dimension requirements or file format, such request must be stated prior to retouching services are rendered and releasing of image(s).
b. Prints – Photographer uses a professional photo lab that uses high quality paper and materials. Purchasing prints does not constitute ownership or usage rights of images and replication or copy of print is prohibited under copy right laws.
c. For both Print and Digital Images, client is granted up to 30 days for inspection of final product, after it has been received. If after 30 days client disputes quality or requires additional retouching services, client agrees to an additional fee to fulfill requests.
- Copyright| Ownership
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. Title to all Photographs remains the property of the Photographer
- Usage Rights
The License to Use, and stated in agreement, comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes. Only the client is authorized for use of images. If other 3rd party individuals would like to use images, a separate usage rights agreement and payment must be made.
- Payment | Fees
Photographer has a minimum fee of $350 for all services and scheduled session, with the exception of portrait services photographed at studio.
b. Payment terms are strictly “due upon receipt” from date of invoice made payable to “Photography by AJ” or “WTXmedia” via check, cash, or credit card. Digital images or prints will not be provided or released until full payment is received. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.
c. If payment is not made in accordance with above then the photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment of Commercial Debts (Interest) Act
d. The photographer reserves the right to suspend ongoing services, such as (but not limited to) additional appointments (services) or distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
e. On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original agreement the client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated.
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.
A NO SHOW fee of $150 will be assessed if photographer has arrived on location, at scheduled time, and client does not show up or cancels within 2 hrs of appointment. Full payment of fee will be required in order to re-schedule.
b. Photographer allows1 rescheduling of appointment, non-weather related. Additional re-booking fee of $75 will apply, and is due upon scheduling new appointment.
- Archival and Storage
The photographer shale take all means necessary in regards to the safe guard of digital media to the time of releasing images to client. The photographer does not warrant or guarantee future availability of images and It is the responsibility of the client to archive and store media.
The Agency and Advertiser may be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.
- Client Confidentiality
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
While the photographer takes all reasonable care in the performance of this agreement generally, I shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer.
b. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained
c. If photographer can’t fulfill agreement due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, then the Photographer shall return payment already rendered but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
- Applicable Law
This agreement shall be governed by the laws of the State of Texas.
These Terms and Conditions shall not be varied except by agreement in writing