Terms & Conditions
1) These Terms and Conditions are between Emma Nelson (hereinafter known as the Photographer) and the Clients (named above and hereinafter referred to as the Clients).
2) The “Contract” refers to the agreement accepted by the Clients upon submitting the Booking Form, and incorporates these terms and conditions.
3) The term “Event” shall refer to any occasion or gathering for which the Clients have engaged the services of the Photographer.
4) The Photographer agrees to be in attendance on the date and at the location(s) as entered above, and to provide the Clients with the photographic package and any additional services selected above. If the booking includes a pre-event shoot, it is agreed that this will be carried out at a time and location mutually agreed upon by the Clients and the Photographer.
5) The Deposit is payable by the Clients upon submitting the Contract. This will be set against the total fees payable by the Clients and is non-refundable. The Clients agree to pay the full balance owed 1 month prior to the event date listed. If the Package Fee is not paid by that date, the Photographer reserves the right not to provide any services until payment is made or to treat the Contract as being cancelled by the Clients.
6) The Photographer agrees to have completed digital files available for the Clients within 2 weeks of the event date. Upon receipt of image files, the Clients accept all responsibility for archiving and protecting the photographs. The Photographer guarantees backup files will be kept for 6 months but does not permanently archive image files. It is the Clients’ responsibility to ensure that digital files are copied to new media as required.
7) The Photographer grants the Clients a personal-usage license to print, copy, publish images online, and share with friends and family. The images may not be used for commercial purposes or in any way that involves charging money, collecting fees, or receiving any form of remuneration. The images may not be resold, relicensed, or sub-licensed. Title and ownership, and all rights now and in the future, of and for the images remain exclusively with the Photographer, who may use the images for advertising or promotional purposes at their discretion unless specifically requested not to do so by the Clients.
8) Images are edited at the Photographer’s discretion, and delivered files will not include all images shot. Every effort will be made to provide a good color balance between photographs, but this may not always be possible due to factors such as lighting conditions and digital sensor limitations. Prints made on different occasions or in different sizes may also vary. Accordingly, no warranty is given that an exact color match can be provided. The Photographer reserves the creative right to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards. The selection of delivered photographs by the Photographer is final.
9) The Photographer agrees that every effort will be made to provide the highest quality photographic services in the prevailing conditions. However, due to the limited and subjective nature of events, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of event participants, or any other factors beyond their control.
10) Cancellation: In the event that the Clients cancel the contracted services for event photography outlined in this contract at any point before the event takes place, the deposit will be forfeited. If the Clients cancel the contracted services within 1 month of the event date, a cancellation fee of 20% of the total balance will be due.
11) In the unlikely event of total or partial photographic failure, death, injury or illness, accident, or other unforeseen events beyond the Photographer’s control, the Photographer’s liability shall be limited to a full refund of all monies paid, and the Photographer shall not be responsible for other consequential damages, emotional or otherwise.
12) All parties please note that by the Clients returning this form and a non-refundable deposit to the Photographer, they are entering into a legally binding contract. This contract does not affect their statutory rights.
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