TERMS AND CONDITIONS
Copyright & Reproduction
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, advertisements, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, blog, facebook pages, and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
Session Fee and Payment
The Client shall make a non-refundable retainer payment in the amount of the session fee to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties for the agreed upon session length. Reserving such services prevents the photographer from booking other clients on the agreed upon time and date and economic loss will result if the photographer does not collect this fee. The session fee is due upon booking. Eva Ricci Studio reserves the right to offer your session date to another client after 48 hours if your retainer fee has not been paid in full. Payment can be made via cash, paypal, interac e-transfer, cheque payable to Eva Ricci. If payment is made via cheque, no product or service is provided until the cheque clears. Bounced cheques are subject to a $50 NSF charge. Gift certificates will be treated as cash with respect to non-refundable session fee policies.
The Client shall only use the images, including digital files, in accordance with the permissions within this agreement. The Client’s images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
If Client requests to amend, reschedule, or cancel this agreement 4 or more calendar days before the session date, the session fee shall be applied to a mutually agreed upon rescheduled date. If Client cancels, reschedules, or fails to show, this agreement 3 or less calendar days before the session date, the retainer shall be forfeited.
If your digital images are damaged or lost prior to viewing your gallery for any reason by the photographer, only then your session fee will be refunded in full. No refunds will be given for dissatisfaction with your images. Print products may not be returned for any reason other than damage or error on the part of the photographer at time of delivery. If your product is damaged on the part of the photographer, it will be exchanged and re-ordered for the same product, undamaged. If your product includes error by the photographer, your product will be exchanged and re-ordered for the same product, error free. There are no refunds or exchanges on any digital products. The Photographer cannot guarantee a specific number of images provided to the client, and no refund will be given due to lack of subject cooperation.
Creative License Policies
Images are edited to remove minor blemishes, smooth the skin, correct colour and exposure, crop and prepare for print and presentation. Images are edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards. Image standards are based on creative vision as well as technical standards (exposure, white balance, crop, etc) and not on personal appearance, direction of subject's gaze, facial expression or mood. Poses cannot be guaranteed and variety of images depends on subject's sleepiness/comfort/cooperation during the session. Additional edits may be considered at a rate of $30 per image/alteration.
All props and outfits used during the session are provided by/suggested by the photographer at the photograher's discretion. Props provided for use reflect the photographer's artistic style and coordinate accordingly. Client is responsible for viewing the photographer's body of work prior to booking to ensure the artistic style is agreeable to the client's vision. The photographer welcomes the use of one or two sentimental props during the session.
Final edited digital images will be available for the client to view within 2-3 weeks from the actual session date. Unedited and raw files are not available to clients.
If negligence on the client's part, the part of any above named models, or the part of any individuals that accompany the client to the photo session causes any equipment, props, or any of the photographer's property to malfunction or become damaged, that the client will be liable for the cost to repair or replace said item(s).
Tardiness is likely inevitable when you have small children! However, tardiness on the client's part may result in reduced shooting time, which may in turn result in less images presented by the photographer.
Limitation of Liability
The Photographer's entire liability to the Client, above named models, or other companions for claim, loss, or injury arising from the photographer’s performance or negligence is limited to a refund to the Client in the amount paid for services. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God, equipment failure or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the session fee to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the Canadian Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office 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 $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
The Photographer, Eva Ricci, shall be held harmless for any and all injury to client(s) and client's attendants during the course of the photography session and the immediately surrounding events.
Client has the right to refuse any location or pose if they feel it is unsafe.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and agreed upon 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.
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
© Eva Ricci Studio 2019