Terms and Conditions

Terms and Conditions

1.     Retainer and Payment. The Client shall make a retainer to retain the Photographer to perform the services specified herein. the retainer shall be applied to reduce the total cost, hold date and time, and Client shall pay the balance due 7 days before wedding or the day of Portrait Shoot. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay _10%___ percent interest on the unpaid balance until payment is made in full. The Retainer is Nonrefundable and NOT transferable

2.     Cancellation. If the Client shall cancel this Agreement _30 days___ or more calendar days before the session date, any Retainer paid to the Photographer shall be refunded in full Minus 50% and must try to fill date or loss the whole Retainer. If Client shall cancel within ___7___ days of the session date and if the Photographer does not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the Retainer.

3.     Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and
previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer may, with the Client’s permission, make the proofs available on a Web site or CD-ROM for a Additional charge of $25. Your Digital Proofs are Available for 14 days after which there will be an ADDITIONAL fee of $25 per WEEK.

4.     Copyright and Reproductions. The Photographer shall own the copyright to all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio also for use on Blog sites (Facebook, Myspace, WordPress, and any other internet site for use as an online portfolio). If the Photographer desires to make other uses, the
Photographer shall not do so without first obtaining the written permission of the Client.

5.     Client’s Usage. 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 on the front of this form. In such event, Client shall request that a credit 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.

6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. 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 retail value of the Client’s order. After Session is performed there shall be no refund for service rendered

if Client is unhappy with the images, we will set a Separate reshoot.

7. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the

photographer taking the photographs shall be a competent professional.

8. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the

inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed.

10. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $_____10___ per image.

11. Arbitration. All disputes arising under Agreement shall be submitted to binding arbitration before _______________ in the following location _________________________________________________ and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $_______________.

12. Miscellaneous. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of ___Michigan__________.

13. Ordering/Reveal Session: We will set up this session for 3 weeks after the creative session or 8 weeks after Wedding at this time you will get to see your photos and do your orders for prints, Digital and wall art. If you do not order at this session, there will be a $25 Charge added to any order after this date for Creative Session and $100 for any wedding. At ordering session, you will also be provided with a 10% Discount on all orders.