TERMS AND CONDITIONS:
1. Deposit and Payment. The client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and client shall pay the balance due.
2. Cancellation. If the Client shall cancel this Agreement moneys paid (DEPOSIT) is non-refundable.
3. Photographic Materials. Shall be the exclusive property of the Photographer, The photographer shall make proofs and previews available to the client for the purpose of selecting photographs.
4. Copyrights and Productions. The photographer shall own the copyrights in all images created and shall have exclusive right to make reproductions. The photographer shall only make reproductions for the client or for the photographer’s portfolio, samples, self-promotions, entry into photographic contests or art exhibitions, editorial use, or for display.
5. Client’s Usage. The client is obtaining prints for personal use only, and shall not sell. In such event, client shall request that a credit for the photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
6. Failure to Perform. If the photographer cannot perform this agreement due to a fire or other casualty, or other cause beyond the control of the parties, or due to the photographer's illness, then the photographer shall return the deposit to 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 even the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retain value of the client's order.
7. Photographer. The photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, photographer warrants that the photographer taking the photographs shall be a competent professional.
8. Photographer 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.
9. Client's Originals. If the client is providing original prints, negatives, or transparencies owned by the client to the photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the photographer shall not be liable.
10. 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.