1. RESPONSIBILITIES. Photographer agrees devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner. Photographer will perform the Services in a safe, good, and workmanlike manner, providing its best professional efforts.
The Client agrees to satisfy all of the Photographer’s reasonable requests for assistance in its performance of the Services. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but notlimited to specifying persons and/or scenes to be photographeed; taking time to pose for photographs at the Photographer’s direction; pre-shoot consultaions; etc. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation; including unruly and/or uncooperative children. Photographer will do their best to capture Client requested photographs.
2. USE OF IMAGES. Photographer owns the copyright to all photographs indefinitely and may issue the Client non-exclusive rights in writing to use or reproduce the final purchased photographs. Images are strictly produced for the client’s private home use only. If any of the Photographer's images are published (on the web or any other media), proper photo credit such as "© Photo by Photography by AMP" is required. Client assumes all liability for any form of copyright infringement.
Photographer DOES NOT allow the Client rights to transform, edit, alter, distort, modify, add to, subtract from, enhance, or change images in any way, shape or form. This includes, but is not limited to, photo editing applications, social media sites, Adobe Photoshop, or any other program used to alter Photographic images.
Photographer reserves the right to use all photographs via the internet, {e.g. company website} for advertising and/or any other form of publication, such as a print publication, (including a third party) that she so chooses for an indefinite period of time including minor children. U.S. Copyright Laws state that the person that takes the photograph is the author and owner of that photograph indefinitely.
3. EXPENSES. Client agrees to reimburse the Photographer for all reasonable out-of-pocket expenses incurred in creating the Images, such as photography permit(s), parking, entry, toll and other expenses directly related to the photographic assignment. Additional custom orders (reprints, enlargements, albums) are not offered and will be at an additional cost to the client. A $50.00 fee will be charged for any returned bank checks. If Client fails, or refuses payment or delivery by the terms set forth, Photographer shall charge the Client a service fee of $50.00 plus 3.5% interest per month.
In the event Client loses/misplaces CD or DVD of images given to them by Photographer, Client will pay a $25 fee for another copy of CD/DVD. This fee also applies for any additional copies Client wishes to obtain other than the one copy included with package (one CD/DVD per session). Revisions requested by the Client due to other considerations shall be billed to the Client before the Photographer begins such additional work.
4. DELIVERY SCHEDULE. Processed digital proofs from the Client’s session will be prepared and delivered to the client within 2-6 weeks from the date of the session, depending on the Photographer’s workload, schedule, etc. Photographs will be delivered to the client on a CD/DVD or any other media deemed suitable by the Photographer. A link to the online gallery will also be provided to the client.
5. LIABILITY. Photographer will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, personal injuries, property loss or damages, neglect, human error, loss of materials, acts of God, equipment or other failures.
Client understands it is NOT Photographers fault if photos are not able to be captured do to unruly/uncooperative subjects and is therefore will still pay for the session in full.
In the unlikely event that the Photographer is injured or becomes too ill, or has an extreme emergency that prevents him or her from photographing the event, the Photographer will make every effort to reschedule the event.
Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, lighting limitations, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged through camera malfunction, lost in the mail, fire 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‘s liability is limited solely to the return of all payments received from the Client under this Agreement.
Client understands by violating ANY of the aforementioned terms and conditions above, Photographer reserves the right to terminate any and all services from that point forward WITHOUT issuing any portion of the session fee. This includes but is not limited to: Halting of the editing process, removal of Client gallery from website and Photographers Facebook page and withholding of images.
6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Utah. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.
7. COUNTERPARTS/ELECTRONIC SIGNATURES. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
