Authority of "Proposal for Services"
Unless otherwise contractually noted in a separate written/typed proposal for services to the client, these Terms and Conditions have final authority and jurisdiction over disputes arising from services being performed by photographer on behalf of client. Where contradictions are noted between the specific "Proposal for Services" and these Terms and Conditions, the "proposal for services" must be obeyed and has final authority.
Appointments can be made via phone or e-mail to any member of Photographer's staff. Once an appointment is confirmed with both parties Client is required to provide all supplemental information requisite in performing the desired services, including, but not limited to on-site contact information, aerial place marks, site plans, address, desired shots, etc. All photography service packages are priced for one location and one trip to that location. Only the Platinum package and higher allow for up to two trips to one location within a specified travel distance should it be necessary and agreed upon by both parties.
On-site contacts do not need to be present for escorting or direction unless Client or Photographer specifically requests. Location must be clean, prepped and ready to be photographed unless otherwise noted in the specific job quote. Additional fees may be incurred for site preparation or disturbances due to excessive traffic or difficult settings, all to be discussed beforehand.
No deposit is required for most services. In the event that a deposit be requested, it must be furnished before the service's scheduled date. If the deposit is not furnished before this date, the service will be deemed canceled until further notice.
Cancellations made within 72 hours of the scheduled service date can be rescheduled if requested and any deposits tendered will be returned. If service is canceled inside 72 hours notice any deposits are forfeited and rescheduling is subject to Photographer's discretion.
Travel fees are typically built into the cost of services unless otherwise noted. Travel fees may be added past a 90 mile driving distance from Charlotte, NC at the rate of $1 per mile both ways should unexpected events occur that prevent the photographer from performing requested services. Such events include but are not limited to; unexpected inclement weather changes, incorrect information provided by client, last minute cancellations by client, etc.
If Client has chosen a photography service Photographer will provide Client with a URL website address to view an online gallery of all images that were shot and processed for the job. Client will have a 72 hour window to review the gallery from the time the URL has been sent. Any alterations, revisions, or dissatisfaction with images after those 72 hours may incur additional charges to remedy at the photographers discretion. At any time before of after the 72 hour window, Client can choose the specific number of images requested at the Client's convenience. If more photos are desired, packages can be upgraded before final billing.
All Commercial Photography is provided as high-resolution digital files. These files are the maximum quality, RGB, jpeg files, unless otherwise specified by client prior to photo-shoot.
Invoices must be paid within 30 days of service completion. Service is deemed complete upon sending a digital invoice from photographer to Client's email address. Photography services can be paid using a credit card via the website gallery link provided upon service completion or by phone to a Staff member of the photographer. It is the sole responsibility of the client to ensure that they have received an invoice from the photographer. When in doubt, Client should contact the photographer immediately to ensure that an invoice has been generated and sent to the client. Only digital invoices shall be submitted unless specially requested in writing before photo services are performed. Service completion is still deemed completed upon the sending of the digital invoice or postmark of the mailed invoice. Client is also responsible for any additional taxes (such as State Sales Tax), shipping or handling fees that may be incurred after photoshoot, overlooked, or not mentioned by photographer prior to services, unless that responsibility has been waived by Photographer.
Necessary changes will be made due to any weather disturbances. This is particularly the case with aerial and exterior architectural photography services. Video work may also be affected by thunder or other inclement weather and may be rescheduled as well.
Limitation of Liability
Photographer ensures that this contract will be followed to the letter barring any unforeseen circumstances, i.e. acts of God, fires, police action, etc. If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then Photographer will return any fees acquired to the Client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic or video materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of Photographer. Client agrees that an entire event or production cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits Photographer's liability to the amount paid by the Client (typically any deposits tendered) under this contract.
No model or property releases exist on any of the Photographs or Video unless Photographer specifies the existence of such release in writing. Client will indemnify and defend Photographer and it's photographers and videographers against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses arising out of any use of any of the Photographs or Video for which Photographer furnished no release, or any of the Photographs or Video altered by Client or at the Clients request. Photographer and it's photographers' and videographers' liability for all claims shall not, in any event, exceed the fee of one dollar.
This Agreement will be governed by, and construed in accordance with the laws of the State of North Carolina, without giving effect to the principles of its conflict of law provisions. The Parties to this Agreement agree and consent to the jurisdiction of and venue in the state or federal courts in North Carolina in all disputes arising out of or relating to this Agreement. In the event that any provision of this Agreement is declared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement. It is the express intention of the Parties that all other provisions not declared invalid or void shall remain in full force and effect. The failure by either Party to act with respect to a breach by the other shall not constitute a waiver of the right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire Agreement between the Parties.
These documents and all images belong to Photographer and it is a criminal offense to copy or reproduce these forms or images by any means without consent. Failure to abide with Photographer will result in legal action. All original images remain the property of Photographer. Photographer keeps all images. Permission is granted for all images to be displayed and used by Photographer for competition, advertising and internet purposes. Please specify if you would not like us to use your images for any reason.
Usage of these files is limited to single client marketing usage rights ONLY. These marketing rights extend to all marketing types from inter-office use to public use. Examples are printed brochures, billboards, internet ads, websites, direct mail, etc. Customer has the right to use the downloaded image/images for all marketing use whatsoever, without restriction as to circulation or number of times used, from download until the end of time. Customer DOES NOT have the right to resale or loan/give away to any third party whatsoever.