Agreement Terms & Conditions
1. Photographer’s Responsibilities (“Services”). Elite Photography (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Photographer may employ one or more assistants. Photographer shall, in consultation with the Client, individually edit, optimize, color-correct, enhance, and retouch the images taken at the Event.
To reserve the Session Date and to reserve the photographer, Client shall pay to Photographer, upon execution of this Agreement, a non-refundable reservation fee in the amount of $50.00 or as agreed upon. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain. As such, Client agrees that, in the event of cancellation by Client, such $50.00 shall be forfeited by Client and paid to Photographer as liquidated damages and not as a penalty. Client and Photographer agree that such amount is reasonable.
3. Copyright. All photographs taken by Photographer at the Event, in whatever form, are copyright-protected. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law.
4. Shooting Time / Additions
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that cheerful co-operation and punctuality by all members of the Event staff are there- fore essential to that purpose. Shooting commences at the scheduled start time agreed by both parties. Should additional photography and/or travel time, that is not included in the agreed package, be requested by the Client, it will be charged out at the rates specified in the Assignment Package, rounded to the nearest half hour.
5. House Rules
The Photographer is limited by the guidelines of event officials and/or event location site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
6. Model Release
The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Event, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
7. Completion Schedule
The Client agrees that no part of the Event Package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital processing takes approximately one (1) week and prints/reproductions/enlargements one-two (1-2) weeks, and possibly longer when print-processing and bindery schedules are heavy. A digital proof album will be given to the Client no more than fourteen (14) days after the Event, in the form of an Online Photo Gallery, or other medium, assuming the Outstanding Balance has been paid.
The Client agrees that the retainer is required at the time of booking and the Outstanding Balance is due on the day of the Event, or on the Outstanding Balance Due date in the Event Package Summary, if specified.
9. Penalty Fees & Charges
There is a $ 35.00 charge for payments returned by the bank for any reason. There will be a $ 35.00 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date.
10. Right of Withdrawal
The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided. In case of withdrawal,
$ 75.00 an hour is billed for all photography services already provided, and $ 50.00 an hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the Photographer withdraws — the Client will not be billed for any services in excess of their deposits (except if deposit was in form of returned cheques).
11. Limit of Liability
In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled replacement 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 for the Event Package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event pack- age. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Although every possible care will be taken to produce photographs of all important and special moments during the Event, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the Photographer’s control.
13. Reprint Orders
If a disc of the digital photos is not part of the agreed Assignment Package, reprints (or additional prints) of photos and other products may be ordered by the Client, through the Photographer, or Online Photo Gallery, if included in the package, at listed prices.
14. EliteMediaTechnology.com/Elite Photography
LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES