Terms of service.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the REBECCA WALTON of REBECCA PHOTOGRAPHY and the CLIENT.
In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.
Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: At least half of the hourly rate is required as a deposit to reserve the dates and times of the EVENT(S).
If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is 50% refundable.
EVENT SCHEDULE: The client agrees to confirm the schedule one week prior to the EVENT(S).
Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from REBECCA PHOTOGRAPHY by the CLIENT.
SAFETY: REBECCA PHOTOGRAPHY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the REBECCA PHOTOGRAPHY experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and REBECCA PHOTOGRAPHY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties.
Shooting commences at the scheduled start time and ends at the scheduled end time.
If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address.
For all EVENT(S), the first 50 miles roundtrip of travel are included. All miles in excess of 30 miles from the greater Dallas metroplex are covered by the CLIENT, 100%
RESPONSIBILITIES: REBECCA PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of the REBECCA PHOTOGRAPHY including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to REBECCA PHOTOGRAPHY, rendering of decorations, or restrictions of the locations. REBECCA PHOTOGRAPHY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.
REBECCA PHOTOGRAPHY is not held liable for missed coverage of any part of the EVENT(S). REBECCA PHOTOGRAPHY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: REBECCA PHOTOGRAPHY is limited by the rules and guidelines of the location(s) and site management.
The CLIENT agrees to accept the technical results of their imposition on REBECCA PHOTOGRAPHY.
Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; REBECCA PHOTOGRAPHY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which REBECCA PHOTOGRAPHY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without REBECCA PHOTOGRAPHY explicitly written permission. If the CLIENT has purchased licensing from REBECCA PHOTOGRAPHY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased licensing from REBECCA PHOTOGRAPHY, REBECCA PHOTOGRAPHY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as textual credit is explicitly given to REBECCA PHOTOGRAPHY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns REBECCA PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from REBECCA PHOTOGRAPHY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of REBECCA PHOTOGRAPHY, REBECCA PHOTOGRAPHY will make every effort to secure a replacement.
If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond REBECCA PHOTOGRAPHY’s control, including but not limited to camera, hard drive, or equipment malfunction, REBECCA PHOTOGRAPHY liability is limited to the return of all payments received for the EVENT(S).
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
REBECCA PHOTOGRAPHY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: REBECCA PHOTOGRAPHY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of REBECCA PHOTOGRAPHY.
POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of REBECCA PHOTOGRAPHY.
PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of booking. The remaining balance is payable in full prior to or on the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, REBECCA PHOTOGRAPHY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).