TERMS AND CONDITIONS
PAYMENT POLICY AND EXPENSES: A non-refundable 50% retainer fee (if cancelled 60 days prior to the Event) will be paid upon signing photography agreement and Client will pay the remaining balance at least 30 days prior to the Event.
Reimbursement of applicable airfare, hotel, and transfer expenses incurred by Photographer in performing the photographic duties, subject to any stipulations expressed herein, will be billed to the Client after the Event and must be paid prior to receiving any items or products from Photographer.
LIMITATION OF LIABILITY. In the unlikely event that Photographer is unable to perform the Services, Photographer will make every effort to secure a replacement photographer to fulfill the Services. If time permits, the Client will be provided with the opportunity to accept or decline the substitute Photographer prior to the Event. 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 package minus the value of any services rendered.
While every reasonable effort will be made to produce and deliver outstanding photographs of the Event, Photographer’s entire liability to Client for any claim, loss, injury or damage arising or the performance hereunder of the Photographer, including the negligence of Photographer, is limited to a refund to the Client of the amount paid for Services. Client is not entitled to any additional compensation or relief outside of the amount paid for services, including but not limited to emotional damages or any other equitable remedy, and Client acknowledges the waiver of any claim of action seeking damages above and beyond a refund of the amount Client paid to Photographer for services.
PAYMENT SCHEDULE. Client must pay the retainer and final payment described herein before Photographer has any obligation to perform the Services. Client’s failure to pay the retainer and final payment shall be deemed a material breach and shall relieve the Photographer from performing any services.
RETAINER. The retainer fee described in the Payment Policy and Expenses section reserves the Photographer’s services for the Event on the date and time, and at the location(s) described above. The retainer fee is due and payable when Client signs the Agreement. The retainer is nonrefundable.
FINAL PAYMENT. The final payment described the Payment Policy and Expenses section is due and payable at least 30 days prior to the Date.
CANCELLATION. Client acknowledges that in the event that there is a cancellation of the Services, the Client will notify the Photographer of a cancellation as soon as possible in order to minimize the Photographer’s damages. If a cancellation occurs prior to 60 days before the Event, the retainer fee will be nonrefundable. If a cancellation occurs 60 days or less before the Event, the total amount due will be owed (including retainer fee).
UNDELIVERED WORK. Photographer cannot perform the Assignment without the cooperation of Client. In the event that Photographer is unable to deliver a portion of the work or other goods due to a failure of the Client to cooperate or to provide necessary approvals regarding the Services, or other goods, then the Photographer shall not be obligated to deliver that portion of the Services or other goods to Client as listed below.
TERMINATION (12 MONTHS). If the Client does not perform the necessary acts or approvals related to the Services, or other goods, within 12 months after the Event, then the Photographer’s performance of the Event shall be deemed complete. Upon the termination, the Photographer shall have no further obligation to Client to store the undelivered Services or other goods (including, but not limited to: album credit, print credit, digital image storage, online galleries, etc.). Photographer does not permanently archive image files.
ACCEPTANCE OF ORDERS and RETENTION OF ORIGINALS. Photographer owns and retains the original images produced; however, because of limited controlled storage facilities and for liability reasons, they will not be retained by Photographer for twelve (12) months after the Event. Photographer cannot warrant acceptance nor are they obligated to produce orders received after that period. Any prepayment by Client for coverage contents, including photographs or albums, is subject to forfeiture if orders are not submitted within this twelve (12) month period.
HOUSE RULES. The Photographer is limited by the guidelines of the location or site management. Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is Client’s responsibility.
SPECIFIC IMAGES. Due to the unpredictable nature of photo shoots, Photographer and Client further agree that Photographer cannot be held responsible for any specific image that may not be delivered. Client acknowledges and understands that photographers use a highly stylized and photojournalistic approach to the Event, with few prearranged or posed shots. Any failure by Photographer to deliver any specific image shall not be a breach, shall not result in a refund of any money paid by Client to the Photographer, and Photographer shall not provide any other remedy to Client. The Client acknowledges that Photographer has sole discretion in choosing which images to provide to the Client from the images taken at the Event.
SPECIFIC COVERAGE. Client will furnish Photographer with a list of any shots specifically desired to be photographed, if any, at least one month before the Event. All other photographs taken by Photographer will be made in his professional discretion.
RIGHTS TO OWNERSHIP AND REPRODUCTION. Photographer owns copyrights of all images they capture at the Event and any reproduction of the images taken by Photographer at the Event. Any images from the Event desired by Client will be ordered through Photographer; provided that Photographer will not authorize any third party to, license, use, display, exhibit, reproduce, publish, distribute or exploit the images from such Event or exploit any other right under copyright without the prior written approval of Client in all instances. Client understands and agrees to the following: Photographer may use pre-approved photographs as samples of their work for non-commercial, non-publication purposes to be shown to prospective clients in a portfolio solely to promote their work, and consistent with the highest standards of taste and judgment; provided that any such photographs are not displayed or transferred over the Internet without the prior written consent of Client.
Use by the Client. The Client may use the images created by Photographer at the Event for any personal, noncommercial purpose, including display on personal websites, and the publication of related articles. Client will not permit or assist in any commercial use or sale of the images without specific consent of Photographer. The Client is permitted to print images for personal use. The Client is not permitted to alter/change/or edit the images with their own personal style. The Client is permitted to display images on personal websites, personal slideshows or other medias. The Client shall include the following credit to Photographer if any such Event photographs are used by the Client for personal use: “All Photographs by Tutti del Monte” along with proper web site addresses and links to relevant social media pages.
Use by the Photographer. Client understands and agrees to the following: Photographer may use pre-approved photographs as samples of their work for non-commercial, non-publication purposes to be shown to prospective clients in a portfolio solely to promote their work, and consistent with the highest standards of taste and judgment; provided that any such photographs are not displayed or transferred over the Internet without the prior written consent of Client.
DANGEROUS CONDITIONS. If, during the Assignment, Photographer is exposed to: (a) conditions which imperil or cause the Photographer to fear for their safety, or (b) objectionable or illegal acts to which Photographers does not wish to be a party or witness, then the Photographer reserves the right to immediately protect Photographer’s interests, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, the Photographer will not refund any moneys paid by Client. Client shall indemnify Photographer from any damage or injury that Photographer sustains, arising from, or related to, any hazardous conditions which imperil or cause Photographer to fear for his safety, while performing the Assignment.
TRAVEL EXPENSES. The Client is responsible for all costs involved with travel to and from any event outside of the New York City 15-mile radius, including but not limited to: airfare, hotel, rental car, meals and gas/mileage: Mileage will be billed at $.55/mile and hotel will be averaged at the general rate of the area in which the Client is staying.
IMAGE FILES. Upon receipt of purchased digital images, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files.
COLLECTION. In the event that Photographer is required to file a legal action to collect fees due from Client, then the Photographer shall be entitled to recover all cost and expenses incurred by the Photographer relation to such legal action, including an award of reasonable attorney’s fees.
JURISDICTION & VENUE. These terms shall be construed according to the laws of the state where the Event takes place.