Scope of Services
Vendor agrees to provide photography services and related products (“Services”) for mini sessions. The exact nature and details of the Services, including session length, number of images included, and delivery method, will be as described at the time of booking.
Session Location
Services will be provided at the location(s) specified and agreed upon by Vendor. The location may be chosen by Vendor or mutually agreed upon at the time of booking.
Cost, Fees, and Payment
The total cost (“Total Cost”) for all Services is due in full at the time of booking.
Full payment serves as a non-refundable retainer. This payment secures the session date and compensates Vendor for reserving time and turning away other potential bookings. Payment is not transferable or refundable in the event of cancellation by Client.
Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with these Terms & Conditions, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling these Terms & Conditions, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:In photos on Client’s personal social media pages or profiles;In personal creations, such as a scrapbook or personal gift;In personal communications, such as a family newsletter or email or holiday card.
Client Usage
The Client will only use the photographic prints, including digital files, in accordance with the print release provided and incorporated hereto. Vendor is not liable for print quality, cropping, or coloring of photos printed at your discretion. Photo quality is guaranteed only on prints and products purchased directly through Vendor.
Proper recognition of Vendor is appreciated and requested when published, including those photos published online (such as Facebook, blogs, etc.).
Photographs may not be entered into any contest or publication without consent of Vendor, or without proper credit to Vendor. The use of digital filters or photo editing software to further edit, alter, or change images produced by Vendor is prohibited.
Model Release
Even though the client will receive an online gallery of the images, unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of Vendor and may be used for advertising, display, web portfolio or any other purpose thought proper by the photographer.
Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in these Terms & Conditions.
Consistency. Vendor will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:Every client and session is different, with different tastes, budgets, and needs;Services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;Dissatisfaction with Vendor’s aesthetic judgment or artistic ability are not valid reasons for termination of these Terms & Conditions or request of any monies returned.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to these Terms & Conditions or Services provided herein are not to exceed the Total Cost of Services provided by Vendor.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
Cancellation, Rescheduling, and No-Shows
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in these Terms & Conditions. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost.
Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the session, or should it become impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for the same date and time, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client’s outstanding balance of the Total Cost.
Impossibility
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation);War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not);Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of these Terms & Conditions, it (or a responsible party) will:Immediately give Notice to Client via the Notice provisions detailed in these Terms & Conditions; andIssue a refund or credit based on a reasonably accurate percentage of Services rendered; andExcuse Client of any further performance and/or payment obligations in these Terms & Conditions.
General Provisions
Governing Law. The laws of Florida govern all matters arising out of or relating to these Terms & Conditions, including torts.
Severability. If any portion of these Terms & Conditions is deemed to be illegal or unenforceable, the remaining provisions remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent: Email.
Merger. These Terms & Conditions constitute the final, exclusive agreement between the parties relating to the Services contained herein. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in these Terms & Conditions are expressly merged into and superseded by these Terms & Conditions.
Amendment. The parties may amend these Terms & Conditions only by the parties’ written consent via proper Notice.
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Family photographer in 30a, Florida.
Serving Alys Beach, Blue Mountain Beach, Dune Allen Beach, Grayton Beach, Inlet Beach, Laguna Beach, Rosemary Beach, Santa Rosa Beach, Seacrest, Seagrove, Seaside, Watercolor & Watersound.