Here are my full Terms and Conditions that apply to all event and portraiture photography sessions:
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the PHOTOGRAPHER home address. Any tolls, barge or boat fees, rental fees for items on Martha’s Vineyard or Nantucket will also be added. For all EVENT(S), the first 30 miles round trip of travel are included, except for travel to Martha’s Vineyard or Nantucket (For those two locations, ferry and rental fees will be calculated and added to original amount.) All miles in excess of 30 miles round trip are charged at rates broken down by 5 regions, Upper Cape($50), Lower Cape($50), The Islands(Calculated per session, depends on travel expense), Plymouth Area($75), Boston Area ($150).
SAFETY: The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the PHOTOGRAPHER is in question.
RESPONSIBILITIES: The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the EVENT(S). The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). The PHOTOGRAPHER will always try to overcome such obstacles, but no guarantees are made. The CLIENT agrees to download and save images within two weeks of email delivery by PHOTOGRAPHER. The PHOTOGRAPHER shall not be held responsible for backup storage of images beyond this period.
LIMIT OF LIABILITY: In the unlikely event that the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. 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(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER’s liability is limited to the return of all payments received for the EVENT(S). 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. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or two weeks. The PHOTOGRAPHER shall not be held liable for CLIENT injury during the EVENT. The CLIENT is encouraged to use their best judgement when considering posing locations. The PHOTOGRAPHER shall not operate in inclement weather, this includes rain of any level. If the CLIENT insists on operation using a plastic bag cover, CLIENT will be held liable for equipment damage, while the PHOTOGRAPHER will not be liable for return payments if the equipment is damaged beyond working use. Rain is a “death sentence” for a PHOTOGRAPHER’s equipment, please plan a backup rain out location.
VENUE AND LOCATION LIMITATIONS: The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and 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.
PERMITS: The CLIENT is responsible for acquiring all permits, parking and admission fees, and necessary permission for all locations on which the PHOTOGRAPHER will be performing services.
CAPTURE AND DELIVERY: The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER. An estimation of the expected number of final processed images will be indicated at the top of this contract with all of the event details. This number is not guaranteed, it is only an estimation by the PHOTOGRAPHER based on details given by the CLIENT and could change by any degree once shooting is completed.
DELIVERY: Once images have been fully post processed, CLIENT will be billed any additional amount as agreed to in the terms and conditions of this contract. Once that final payment is received, the PHOTOGRAPHER will email the CLIENT a link to a personal page with a password where they can view, share via social media, and download full size images. CLIENT may request a zip drive delivery for an extra fee of $35 which includes shipping in the continental US.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. Typical premium post production (included in wedding packages) includes blemish reductions and teeth brightening, and at the discretion of the PHOTOGRAPHER object removal. Any edits requested after final delivery and payment will incur an additional fee per image depending on the edit requested, to be determined by the PHOTOGRAPHER.
COPYRIGHT AND GALLERY PERMISSIONS: The PHOTOGRAPHER shall retain all Gallery and Advertising rights for any pictures taken. This means, the PHOTOGRAPHER may upload and display any picture from the EVENT(S) for their portfolio (physical and digital) as well as use the images for any banners, ads, or marketing materials. The CLIENT shall have rights to distribute images via social media, email, and mail. The CLIENT shall have rights to print images as many times as they wish. If images are to be sold or distributed to any professional company or marketing campaign, the CLIENT shall give credit to the PHOTOGRAPHER in all situations and notify the PHOTOGRAPHER of where and when said images will be published. CLIENT may purchase exclusive rights for all images taken at the EVENT(S) for an additional fee of $2000 – this excludes the PHOTOGRAPHER from the above mentioned rights and the CLIENT will hold full copyrights to the images while giving credit to the PHOTOGRAPHER to anyone who may be distributing said images.
EVENT SCHEDULE: The CLIENT agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. PHOTOGRAPHER can not guarantee availability if CLIENT changes the date. IF PHOTOGRAPHER does have ability on the requested day of change, a new contract with new date shall be drafted. IF the new date is within the same month (or 30 days from original date) and on a date where the PHOTOGRAPHER does not have bookings scheduled, the CLIENT shall not incur a cancellation fee and the PHOTOGRAPHER will still deliver services agreed upon in original contract. If the PHOTOGRAPHER has bookings scheduled for that day, all monies already submitted by the CLIENT shall be liquidated as damages to the PHOTOGRAPHER and the PHOTOGRAPHER will not be liable to render services agreed upon in this contract.
SHOOTING TIME / ADDITIONS: The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time (or estimated hours on site in original contract) will be billed to the CLIENT. On site hourly fees for portraits are $100 per hour (to be billed in half hour increments) and $200 per hour for weddings.
RETAINER, REMAINDER, & EXTRA* PAYMENTS: The PHOTOGRAPHER requires a retainer fee equal to 50% of CLIENT’s estimated total cost as indicated on this contract. This locks in the CLIENT’s event date, and the PHOTOGRAPHER will not schedule any other sessions on that day. A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated as damages to the PHOTOGRAPHER. The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER’s materials charges incurred up to time of cancellation. *Extra Fees: IF extra fees are incurred by rules of this contract, it is due before CLIENT receives images. Extra Fees Rules: If actual amount of processing exceeds estimation by 8 or more hours, extra fees will apply at a rate of $30/hour. If the CLIENT requests the PHOTOGRAPHER to stay on site longer than originally requested in this contract, each additional hour is $100 to be billed in half hour increments. These situations usually only happen if CLIENT’s schedule is running behind, or requests additional shooting time or poses – which results in additional post processing.
PAYMENT SCHEDULES: The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement which should be at least 3 months prior to the EVENT(S). The remaining balance is payable in full 1 business day before the EVENT(S). In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER shall have the right to immediately terminate this agreement without further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $60 non-sufficient funds fee. Should the CLIENT choose to pay the full amount in one transaction with PayPal payment option, PHOTOGRAPHER will give a 1% discount on the total dollar amount.