Terms and Conditions
When booking a session, you as the client agree to these terms of service upon paying your booking retainer fee. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.
Definitions
This Agreement is between Peggy Smith Photography LLC (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of itself, its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
Usage Rights and Ownership
Client acknowledges that the Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of the Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear in the Licensing Section of this Agreement.
Image(s) are Licensed for Specific Use(s), Not Sold
Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.
The use of any Image(s) by Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of the Photographer.
Unless otherwise agreed, the Photographer retains the right to use the Image(s) for their self-promotion.
Photographic Integrity & Alterations
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect to the Image(s), alone or with any other material, without the prior express permission of Photographer.
Sessions include editing which consists of changes to the coloring, cropping, and lighting adjustments at the photographers discretion. Sessions do not include retouching unless agreed upon by the Photographer and Client before booking. Retouching can be added to the client’s service(s) by request at the time of or within 48 hours of a session for an additional fee.
General Liability and Releases
The Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. The Photographer will not be liable for any loss, damages, or costs suffered by Client, or by any third party, arising from Client’s use of any Image(s).
Client will indemnify, defend, and hold harmless the Photographer, their contractors, and their representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
The Photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in this Agreement. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.
Should the Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Payment
Time is of the essence for receipt of full payment under this Agreement.
No rights are granted until the Photographer has received full payment, including, if applicable, any late payment charges.
Unless otherwise agreed, the use of any Image(s) prior to full payment will be considered an unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to the Photographer for such an unauthorized use will be double the invoice total.
When usage rights before full payment are granted, the Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
The Photographer does not provide any receipts to the Client. The Photographer’s invoice will serve as the Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
Crediting and Copyright Notice
Placement of a credit line or copyright notice is not required when posting the images on the internet. However, if a false credit or denial of credit occurs by the Client (i.e. claims that Image(s) were taken by a party other than the Photographer), the Client agrees to pay a penalty fee of THREE TIMES THE CORRESPONDING INVOICE PAYMENT per offense.
Cancellations and Postponements
A retainer fee is due to hold your session date. This fee is non-refundable. The amount charged as the retainer fee is to be agreed upon prior to booking, and invoice payment by the Client of “Retainer Fee” to the Photographer serves as an agreement on the amount. The remaining balance is due the date of your session. If you cancel your session, your retainer is forfeited and may not be applied to another session. For all sessions other than “Mini Sessions”, if you do not cancel and the photographer is en route or has arrived at the location of the session, you will be responsible for paying 50% of the remaining balance. If erroneous circumstances cause cancellations or postponements, the Photographer reserves the right to deny or allow refunds or transfers of the retainer or remaining balance fees at the Photographer’s discretion.
Weather Conditions/Acts of God
The Photographer is not liable in any form for unfavorable weather conditions that may cause alterations to lighting/resolution of Image(s). If the Client requests a reshoot due to weather conditions despite the Photographer’s willingness to complete the session on the scheduled date at the scheduled location, the Client will be responsible for both Session fees for the original date(s) and rescheduled date(s). If the Photographer requests a reshoot due to unfavorable weather, an Act of God, or a Health Emergency, they are not responsible for any exogenous cost(s) the Client may incur in order to reschedule (i.e. hair or makeup costs) and will still honor the Client’s retainer fee toward a rescheduled shoot or provide a refund of the retainer fee at the Client’s request.
If the Photographer is unable to supply their photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then Photographer will attempt to procure the services of another professional photographer to fulfill their obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement. This limitation of liability will also apply in the event that any Image(s) is lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer.
Archival of Digital File(s)
While the Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. The Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
The Client is aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable. Client hereby releases the Photographer and their contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by or on behalf of the Client that contain any Image(s) can be deleted or destroyed by the Photographer within 90 days of receipt by the Client.
Any requests for the Photographer to reproduce images that were already delivered after ten days of receipt by the Client will incur a fee of either 30% of the session price or $150, whichever is LOWER.
Digital File Quality
The Photographer is committed to providing high quality services. Unless otherwise specified, the Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that the Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
The Photographer uses cameras and monitors that are color calibrated to industry standards. Due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
It is the Client’s responsibility to verify that the digital data, including color profile, if provided, is suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data is not deemed suitable, the Photographer’s sole obligation will be to replace or repair the data, but in no event will the Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
All editing is done at the Photographer’s discretion. The Photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the Photographer’s discretion. If the client(s) wish to request additional editing of images, this is done at a separate fee starting at $20 per image.
Session Terms
Sessions will be conducted at a location agreed upon by the photographer. The Photographer will not trespass or use any property/locations that are considered unlawful to do so. The Photographer is bound by any rules stated for the property or location. If the Client wishes to shoot on private property, it is the Client’s sole responsibility to get authorization from the owner of the property. The Photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
No other photographers/videographers are allowed during the session unless agreed to in writing by Peggy Smith Photography. Clients or guests will refrain from taking cell phone images during the session unless agreed upon by the Photographer.
Weddings/Events
Any wedding or event booked with Peggy Smith Photography will be subject to the following terms, unless explicitly agreed upon in the Client’s individually drafted Wedding/Event contract. Upon booking, a 25% deposit will be required to reserve services. Unless expressly agreed upon, any photographer working under Peggy Smith Photography will be allowed a minimum of thirty minutes and maximum of one hour during the event for a meal break unless food is provided at the event. Any physical products included with individual packages (ie photo albums, canvas prints, etc.) will be delivered to the client outside of the normal time window for digital file delivery due to shipping times.
Peggy Smith Photography also reserves the right to not refund the deposit in the case of cancellation without due notice.
Unless agreed upon, no other photographers or videographers will be permitted to work alongside Peggy Smith Photography and/or impede the work of Peggy Smith Photography (ie photographing alongside Peggy Smith Photography, attempting to block the view of any photographer with Peggy Smith Photography, etc.).
Digital images/files and physical products will not be delivered to the Client until the full payment balance with Peggy Smith Photography is paid in full.
Wedding/event digitally edited files and images with Peggy Smith Photography can be archived or insured longer than our typical archival times (mentioned above) for a fee of $100 per year.
Licensing
Upon receipt of digital Image(s), the Photographer gives the Client the right to use the images for non-profit print and digital media use. Image(s) credited to Peggy Smith Photography, LLC cannot be used for any promotional material or campaign by the Client or any third-party associated with the Client unless agreed upon by the Photographer in writing.