Terms and Conditions – Please read them carefully and sign at bottom of this page when done .
This agreement is between “Riya Photography LLC” hereinafter referred to as the “Photographer”, operating in the State of North Carolina, and the signers of this photography agreement, hereinafter referred to as the “Clients”. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Agreement Overview
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Copyright
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer’s subcontractors. If downloading Hi-Resolution images on an online photo gallery, Clients will be given a written release to make personal copies of images from an online photo gallery, if needed & requested. The client understands the images given on an online photo gallery cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., client will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc.
Garments/Injuries
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments. Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
Creative License
Images are edited at the Photographer’s discretion, and delivered High-Res Digital images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters. No part of any order, including High- Res Digital Images, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made. Original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.
Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee covers travel within 15 minutes of Holly Springs . Any location outside of these limits will be subject to an additional charge as part of the agreement.
Rescheduling
Photographer understands weather, illness, or other reasons may cause Client to reschedule a session. Client will not be charged a penalty rescheduling a session provided at least a 24 hours notice is given. Client may reschedule the session, at the convenience of Photographer, without being charged a fee.
- Cancellations by Client will not be entitled for Refund of Deposit
- No show or rescheduling within 24 hours will incur a $30 reschedule fee at the discretion of Photographer.
Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Re-shoots
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
Recommendations to Follow
Please show up promptly at the designated time. Many times sessions may be scheduled after yours. Arriving late may cut into the time devoted to your session. For most sessions, it is best to arrive 5 minutes early. Please leave your cameras and cell phones in the car. Your session will go much easier without the distraction of other cameras or the need to answer a cell phone. We reserve the right to ask you to put away cameras and cell phones. Please let family and friends know they should not attend the session. The photography session is not meant to be a family reunion or meet and greet with others who are not part of the session. We would love to photograph your entire family too, but please schedule a separate session. For all sessions (but especially for children), cameras, cell phones and other people are distractions, which may affect the attention of those, being photographed.
PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
Digital Gallery
Digital Galleries of client’s images will be available for viewing within five (5) business days of session date in a password-protected web-gallery. Please note, the session cost does not include prints or fine art products.
Digital Albums
All digital albums will be password protected. The password will only be given to the client. The client may share the password with family and friends. Digital albums will be removed after 30 days.
Ordering/Archive
All images will be available for ordering for 30 days following client viewing date. After 30 days, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
All sales are final
Due to the custom nature of each session/print order, all sales are final. No refunds will be given.
Damage
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by mail. Client assumes all responsibility for the safety of all portraits upon receipt.
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