TERMS OF SERVICE
When booking a session, you 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.
This Agreement is between AGD1 Photography (“Photographer”) and [You] (“Client”) which includes the Client’s principals, employees, affiliates, and representatives. The client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with the 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 analog, photographic, optical, electronic, magnetic, digital, or any other, media.
USAGE RIGHTS AND OWNERSHIP:
The client acknowledges that 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 on the reverse side of this Agreement.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
The 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 in this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of the license begins from the date Photographer receives full payment of the invoice and upon delivery of images.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sublicensable, 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 the 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, Photographer retains the right to use the Image(s) for his self-promotion. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibitions, advertising, and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, the Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so.
This clause applies to all social media, including Facebook and blogs. When published online it is required that a citation of the photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
The 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 the Photographer.
Portrait sessions include editing which consists of changes to the color, crop, contrast and exposure at the photographer’s discretion. Portrait sessions do not include retouching. Boudoir sessions include retouching done at the photographer’s discretion.
GENERAL LIABILITY AND RELEASES:
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But 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).
The client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from the Client’s use of any Image(s).
The photographer is not responsible for obtaining models, 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 consent.
Should Photographer agree to deliver any releases, it is the Client’s responsibility to determine whether such releases are suitable for the 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.
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. THE 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.
Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if the Client fails to make timely payment.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
Photographer does not provide any receipts to the Client. 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.
CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, the Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to the Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
CANCELLATIONS AND POSTPONEMENTS:
A 50% booking fee is due to hold your session date. This fee is non-refundable. The remaining balance is due on the date of your session. If you cancel your retainer is forfeited and may not be applied to another session. If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining 50% balance.
If the Client requires a reshoot, the Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of the Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee and the Client agrees to pay all expenses for the reshoot.
FAILURE TO PERFORM:
If the Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then the Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, the Photographer will return any fees paid by the Client and will have no further liability with respect to this Agreement, and the 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 is lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer.
Provided that the Photographer has executed the photography assignment in a professional and competent manner, the Client agrees to pay the Photographer all fees and expenses in connection with said assignment, whether or not the Client uses any Image(s).
ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Image(s), it is the Client’s responsibility to properly store and archive the Image(s) for the duration of the term of the license. The Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to the Client.
The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. The Client hereby releases the Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by the Photographer becoming unusable.
All digital files created by, or on behalf of, the Client that contains any Image(s) will be deleted or destroyed within ten days after the expiration date of the license.
Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee.
DIGITAL FILE QUALITY:
High-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 300DPI with 3000 Pixels on the longest edge
The photographer is committed to providing high-quality services. Unless otherwise specified, Photographer may deliver, and the Client agrees to accept, the Image(s) encoded in an industry-standard data format that the 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.
Photographer uses cameras and monitors that are color calibrated to industry standards. But 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, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will 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 artist’s discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.
All deliverable images as per contract will have standard image editing (including light skin retouch, light and color adjustments). Any extra edits requested by the client will cost the client $50 per image if accepted by the Photographer. Extra image adjustments include (changing the size of the body or parts of the body, replacing parts of the body from another image, changing the color of parts of the body, extra skin retouching, replace or swapping the background). It is also understood that unless hair and makeup are included in the contract, Photographer is not responsible to fix hair or skin, or makeup problems.
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 Clients 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, amateur or professional, shall be allowed to photograph at the venue (wedding, portrait, family photography, etc.) while AGD1 Photography is working, and any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and loss of initial deposit by the client. Unless agreed to in writing by AGD1 Photography. The client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer.
ACCEPTANCE OF TERMS:
The client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, the Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and the Client is bound by, the Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the United States and the State of Oklahoma, and for all purposes will be interpreted in its entirety in accordance with these laws. The client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Oklahoma. The client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of the Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by the Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.