Agreement

INFO & QUESTIONNAIRE

TERMS AND CONDITIONS

 

1. SESSION FEE

The Session Fee covers the travel expense and time to and from the session, the session time, and the post-processing of your images. It also acts as a retainer to hold your session date. It does not include any images or products. The session fee includes up to two (2) hours of photography. The session fee and this signed agreement are due before your session can take place. Upon receipt of the session fee and this agreement, the photographer agrees to set aside the session date and time. Failure to arrive within 20 minutes of your session time will result in your session fee being forfeited and your session cancelled. 24 hour notice is required for any cancellations or rescheduling. All session fees and deposits are non-refundable.

 

2. SESSION PROOFS

Approximately 1-2 weeks after the session, the client will be shown a minimum of 30-35 proofs, from which to choose their images and products.

 

3. ORDERING IMAGES AND PRODUCTS

Payment is due in full at the time of ordering, or a payment plan may be arranged for orders over $1000. An online proof gallery will be made available to order from. The online proof gallery will expire 5 days after the notification email has been sent. All orders and payments must be received within that time period. After the expiration of the 5 day viewing period a $25 fee per day will be charged to host the gallery. No part of any order will be delivered until the balance is paid in full. All orders will be cancelled if they are not paid in full within three days of notification. Digital images will be delivered within 2-3 business days. Please allow up to 4 weeks for processing and delivery of your print order, and up to 6 weeks for specialty items. 

4. PHOTOGRAPHIC MATERIALS

All photographic materials including digital image files and website previews and slideshows shall be the exclusive property of the photographer. The photographer shall make original previews available to the client online for the purpose of making image and product selections.

 

5. ARCHIVING

All photographs which are ordered by the client will be archived by The Light Within Photography for a period of at least 6 months, whereupon new print orders may be purchased at any time. Re-orders are subject to a $100 minimum order. Unordered pictures may be discarded 30 days from your session date and will not be available for future ordering.

 

6. NOTICE OF COPYRIGHT AND REPRODUCTION

The photographer owns and retains the exclusive copyright to all the images taken during the session. It is illegal for anyone other than the photographer to copy, scan, download, print, reproduce, obtain, or retain the images in any way without first obtaining the photographer’s written permission. The photographer reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The photographer will use discretion regarding images of intimate nature when making marketing choices. Exceptions to this clause are granted only in the case of the client’s purchase of digital image files, which will include a Limited Reproduction Release for the client to obtain reprints of the images for personal use only. The photographer will retain the exclusive copyright and control of the session images at all times.

 

7. SATISFACTION GUARANTEE

If you are not satisfied with your images through fault of the photographer, your images will be retaken. If you are not satisfied with your products through fault of the photographer they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of product(s) in order to receive a replacement. Photographer will endeavour to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of the session fee if images cannot be retaken. If the session fee must be refunded, the photographer will have no further obligation.

 

8. PRICING

The charges in the agreement are based upon the photographer’s standard price list in effect at the time the order is placed. Prices are guaranteed for 30 days from the date of your session. Future orders shall be charged at the prices in effect at the time the order is placed.

 

9. FAILURE TO PERFORM; LIMITED LIABILITY

If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer, photographer may elect to use an alternate location or to reschedule the session. If the photographer cannot perform this agreement due to illness, emergency, or other such situations, and the photographer is unable to reschedule the session, then the photographer shall return any deposit or session fee to the client, but shall have no further liability with respect to contract. This limitation of liability shall also apply in the event that photographic materials are damaged or lost due to equipment malfunction, lost in the mail, or otherwise lost or damaged. In the event the photographer fails to perform for any other reason the photographer shall not be liable for any amount in excess of the amount the client paid for the damaged/lost product.

 

10. INHERENT QUALITIES

Client is aware that colour dyes in photographic materials may fade or discolour over time due to the inherent qualities of dyes, and client releases photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities.

 

11. RECORDING EQUIPMENT

No cameras of any type are allowed during the session. This includes film and digital cameras, video cameras and cell phone cameras.

 

12. MISCELLANEOUS

This agreement incorporates the entire understanding of the parties. This agreement shall be governed by the laws of the Province of British Columbia.