The contract is between the Photographer and the Client as detailed below:
Stacey of Ocean View Photography (referred to hereafter as "Photographer")
The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.
I, the client – understand and agree to the following terms & conditions:
The deposit is nonrefundable.
Should the client cancel, or not show up for any reason without the photographer’s prior knowledge (at least 12 – 24 hours’ notice), also if the photographer fails to appear at the specified time & location, the fee will be refunded in full to the client – unless a new time & date can be set or due to any emergencies.
The client may assist an cooperate with the photographer in obtaining the desired photographs, included but not limited to specifying persons and/or scenes to be photographed; taking time to pose for the photographs at the photographer’s direction, pre-shoot consultations etc.
No mobile phone photography, or photography from any other devices wile in session unless previously agreed upon.
Ocean View Photography retains the copyright to the photographs for any promotional use, and hereby grants the client unlimited but non-exclusive rights to use the or reproduce the photographs, the client is not permitted to re-sell the images/prints.
In the unlikely event that the Photographer is injured, becomes ill or has an extreme emergency that prevents them from being there on the day of the booking, it’s up to the photographer to make every effort to reschedule or find a replacement photographer.
Online galleries are a link to your image gallery, they are set up with privacy using a password that only the client receives.
They are used to show you proof images, so you can choose you photos from your session, from you package.
You can order more, and all the details of pricing will be in included within your online gallery.
Galleries do have an expiry date, and you’ll be notified a day before once you’ve registered/opened you online gallery – its lifespan is normally 3 weeks – I can make it longer if you need time to choose.
The Booking Form I personalize and send you has all you details for the session including times, locations, dates – even how many people. The form also includes deposit details.
The client shall reimburse the photographer for any damage of equipment or props if damage is caused at the session.
The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement. The Client undertakes to engage the Photographer for this coverage for the price as detailed below.
AGREEMENT TERMS & CONDITIONS:
PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from Photographer. The total fee will include the amount specified in from the booking form.
SESSION PROOFS: An in person consolation to review the proofs will be scheduled within 2 weeks of the session date. Client will then receive access to a private online photo gallery. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional $50 deposit.
ILLNESS: If either the photographer or client (extending to client’s family members attending the shoot) any colds/flu or other contagious illnesses, these need to be discussed before the photoshoot to see if a reschedule can be put in place, due to the fairness to both the client and the photographer.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Ocean View Photography, By Stacey Knowles ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums.
The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Debi Buck" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
LIMIT OF LIABILITY: I take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or 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 or consequential loss.
PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
IMAGE STORAGE: Ordered images will remain on file for one year from the date of the portrait session. Unordered images will be purged after 30 days from the date of the first viewing.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Blemish removal and subtle smoothing is covered but additional edits include, but are not limited to, head swaps, people replacements/removal, background changes, digital body altering, etc. and we charge per image for these edits.
The Photographer has the right to refuse any requested edits to the images.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Ocean View Photography by Stacey Knowles.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.