Corporate Event Coverage Terms of Service
AGREEMENT TERMS & CONDITIONS
Session Fees: Client/AR agrees to pay the Photographer's 50% retainer fee at the time ofbooking to secure their appointed date and time. This is a non-refundable fee that goes towards your session. The session fee covers the time and talent of the photographer and sometimes a photographer's assistant, basic retouching and creative editing of images, as determined by the photographer. The remaining balance will be due 7 days prior to the event.
Session Proofs: Client/AR will then receive access to an online photo viewing gallery. Here you can order prints and products from our trusted pro lab and delivered right to your door. Images will be available for high-resolution download with included licensing agreement herein. There will be a link that can also be shared with the attendees, if you choose, so they can also download images from the event.
Photographer retains the right to edit the photographs as he/she sees fit based on experience and expertise and omit any image(s) that do not meet his/her standards.
Location Costs & Fees: In the event that a requested location has any costs/fees associated, you, the client/AR, will be responsible for those fees.
CANCELLATION/POSTPONEMENT: Client/AR understands that by entering into this agreement,Photographer is foregoing other photographic jobs. In the event of a cancellation of the Event session/agreement by Client/AR, any fees 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/AR will reschedule on an agreed date at the earliest date possible, with no additional charge. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
COOPERATION/NO SHOWS: Photographer is not responsible if Client/AR and/or key individuals fail to appear or cooperate during the Event, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only professional camera allowed at the Event 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 an Event, the fee paid is non-refundable.
RESHOOTS: In the unlikely event that Client/AR is completely dissatisfied with the final results,Photographer will reshoot the session at no additional charge one time. Re-shoots are determined at the discretion of the photographer. Re-shoots will not be offered for poor choices in clothing, make-up, hair, weather-related and behavioral issues or events that are beyond Photographer's control.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Just-A-Soul Photography ("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/AR.
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/AR may print (on their own) their personal photographs only once in possession of the digital images. The original digital files remain sole property of Photographer and will never be given or sold. Photographer grant the Client/AR & their subsidiaries non-exclusive license to all photos which includes:
Display the images;
Print the images
Upload, email, or electronically transfer the images or files; and
Publish the images on professional websites, advertising pieces, social media websites & use in professional portfolio
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/AR’S USAGE: Client/AR is obtaining images for professional use and shall not sell prints but mayauthorize reproductions by parties other than Photographer. Prints or publications (such as editorial, public relations or advertising use) require a photo credit to Photographer. All advertising use prints or publications of photos MUST have a credit line which reads
"Photo Credit: Just A Soul Photography"
"Photo Credit: Garrett Maney"
in type no smaller than that of the related text must appear directly under or within all permitted published photographs.
MODEL RELEASE: Client/AR grants to Photographer and his legal representatives and assigns, theirrevocable and unrestricted right to use and publish photographs of Client/AR, Employees, Event attendees or anyone else included in the Event or in which any of these may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client/AR hereby releases Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client/AR grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, andtransportation 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. 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 Event, Photographer will make every effort to have the Event covered by another 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.
Liability: Photographer is not responsible for any injuries inflicted upon any participating parties. Client/AR(s) will be responsible for their children, employees, or anyone included in the Event and for themselves and release photographer from any claims against the person and their business.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor 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 thisagreement. Client/AR 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/AR prior to delivery of the proof book. Client/AR 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 90 days from the date of the portrait session. Unordered images will be purged after 60 days from the date of the first viewing.
Payments: All payments are due in full unless payment arrangements have been made. Edits and orders will not be processed until payment in full is received. If client has arranged a payment plan, orders or edits will be completed after final payment is received.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.