This is a supplemental agreement to Terms of Service. Together they form a binding agreement between the Photographer and you, the Clients, together known as the Parties.
This agreement supersedes all prior and simultaneous agreements between the Parties.
Section 1 – Scope of work
This agreement is for services and products related to photography shoots (hereafter "Shoot" or "the Shoot") to take place at a property or properties (hereafter "Properties") owned, or legally represented, by Clients and at an agreed-upon times between the Photographer and Clients. The times and dates will be set after Clients place an order for the Shoot and pay for an initial down payment through the Shop.
Section 2 – Duty of Clients
- Clients will obtain all permissions necessary for Photographer to photograph at the Shoot. Photographer has no duty to obtain permission of Properties or other locations to operate thereon.
- Clients understand and agree that any failure to obtain these permissions resulting in fines to Photographer, or which prevent Photographer from photographing the Properties, is not the fault, liability or responsibility of Photographer. Any such resulting fines to Photographer will be forwarded to Clients for payment on behalf of Photographer.
- Clients understand and agree to facilitate transportation of Photographer to and from the Properties. Any resulting financial costs related to such transportation will be added to the balance due after the Shoot.
- A light meal is required for shoots lasting up to 6 hours for the Photographer. For shoots lasting more than 8 hours a full course meal is required. If Clients provide no meal, it's understood and agreed upon by Clients that the Photographer will leave the Shoot to purchase and consume a meal.
Let's join hands to make the Shoot a success story!
Section 3 – Indemnification, Accountability
- Photographer and Clients agree that Photographer is under no obligation to capture any specific angle, place, venue, moment, color, atmosphere or any other tangibles or intangibles with regard to Properties during the Shoot.
- If Photographer is unable to perform the services in this contract due to any cause outside of his control, such as fire, flood, casualty, act of God, terrorism, illness, traffic accidents, road closures or any other reasonable cause outside the Photographer's control or expectation, Clients will not hold Photographer accountable and/or responsible for any resulting loss, damage and/or liability affecting the Clients.
- The Photographer might be limited sometimes by rules imposed by the venue at which the Shoot is taking place. For example, some venues insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
- Clients agree to indemnify and hold harmless Photographer for any liability, damage and/or loss related to technological failures. Cameras, lighting equipment, hard drives and memory cards are subject to technical failures. Photographer takes reasonable steps to prevent data loss, such as buying and using reliable equipment, but is not liable for loss of data due to technical failure.
- Clients understand and agree that Photographer will retain copies of the Photos for 60 days after the Shoot. After this period has expired, Photographer has no duty to retain copies of the Photos from the Shoot. It is the responsibility of Clients to store and backup the Photos after receiving them from Photographer. This clause is subject to the limitations in section 3.4 of this agreement.
- Clients understand and agree that Photographer may have cords, light stands, tripods and other gear at the location. Clients will hold Photographer harmless for any damage, personal injury or loss caused by tripping over or otherwise being injured from this equipment.
- Clients agree to hold Photographer harmless for any personal injury which may occur as the Clients pose or work with Photographer.
- Clients agree and understand that the quality of a photograph is entirely subjective. Photographer reserves the creative rights to edit and release only those photos deemed creditable as professional in quality and within the Photographer's artistic standards and is not required to cater to specific aesthetic preferences of the Clients.
- Clients agree and understand that Photographer may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. Clients agree to hold Photographer harmless for any edits which may be viewed as defamatory or demeaning.
It's very important to understand the limitations of the Photographer in certain conditions, places and situations. We kindly ask you to read this section one more time to understand what these limitations are.
Furthermore, it's entirely up to the Photographer to use whatever common sense and professional courtesy to edit the Photos.
Section 4 – Exclusivity
The Photographer and/or any photographers hired by the Photographer to photograph Clients shall be the exclusive photographer(s) retained by the Clients for the purpose of the Shoot.
In the event that family, guests and friends of the Clients use a flash when taking photos, Photographer might ask them to refrain from taking flash photographs at certain intervals of the Shoot to ensure proper exposure of images.