Terms and Conditions
1. Deposit and Payment. The Client shall make a deposit of $50 to retain the Photographer to perform the services specified herein. On the day of the shoot, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. In the event of client cancellation prior to three weeks (21 days) from the date of their scheduled shoot the deposit shall be refunded minus any transaction fees incurred by the photographer. In the event of client cancellation within three weeks (21 days) of their scheduled shoot the deposit shall not be refunded.
2. Overtime. Additional hours beyond those included in the Package will be charged at $100 per 30 minutes. Any requests for additional time must be discussed with the Photographer at the time of booking and may be denied based on time available or Photographer's discretion.
3. Artistic Style: On its own behalf, and on behalf of the subject: Client acknowledges that they are familiar with the Photographer’s portfolio and are requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of a unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use his personal artistic and professional judgment to create images consistent with his personal vision of the Event, which vision may be different from the Client’s and /or the Subject’s vision of the Event. Accordingly, Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
4. Requested and Delivered Photos. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Client understands that this is an uncontrolled event and that, due to the vagaries of the weather, available light, time restrictions, and willingness of subjects, Photographer cannot possibly guarantee that all requested photos will be taken. Images determined by the Photographer to be substandard or duplicated will be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be available to Client
5. Receipt of Product. The Photographer will provide the Client with the finished product within 2 Months of the event.
6. Copyright and Reproductions. The Photographer shall own the copyright in all images created. Each web gallery or DVD the client receives will contain high resolution edited images for download, along with a Right to Print letter. The Right to Print letter shall convey complete printing privileges to anyone in possession of images shot by OBX Family Photography for personal use only. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, website, social media, or other promotional materials. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire, major weather event, casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return any money paid by the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, 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 shall not be liable for any amount in excess of the retail value of the Client’s order.
8. Photographer. The Photographer may substitute another Photographer to take the photographs in the event of Photographer’s illness, casualty, strike, act of God, or other cause beyond the control of the Photographer. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
10. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities
11. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of North Carolina.