Terms and Conditions

Terms and conditions.

1. Event Information: The event dates, locations and times will be set forth on the attached

in Contract Agreements given at time of scheduling.

2. Change of Date or Venue: Photographer must be notified in writing of any changes to the

schedule or location at least 3 business days prior to the scheduled date of the event.

Notification may be sent via email, however Photographer must confirm the changes and

send a confirmation receipt.

3. Pre-event Consultation: At the time of booking Client will outline the tentative plans and

the Photographer will advise on logistics, timing, and costs. Photographer shall confirm the

arrangements with Client 3 days in advance of the event.

4. Payment and Fees: A retainer fee shall be paid at the time of booking. This fee is a nonrefundable.

In the event of cancellation, Photographer shall be entitled to keep the retainer

fee. The balance of Client’s invoice shall be paid in full at least 2 business days prior to the

event. Photography packages, prices, and payment options will be made according to the

attached Schedule 2.

5. Cancellation Policy: Cancellations must be made at least 3 weeks in advance by written

notice. Retainer fees paid to Photographer shall be non-refundable. Venue entry fees,

accommodations, or other expenses may be partially refundable at the discretion of

Photographer, less any administrative costs.

6. Expenses: Travel expenses, venue entry fees, permits and other expenses shall be

reimbursed to Photographer and will be added to Client’s itemized invoice.

7. Model Release: Client grants Photographer and its legal representatives, heirs and assigns,

irrevocable and unlimited consent to use the photographs of Client for any lawful purpose

and hereby releases Photographer and its legal representatives, heirs and assigns from all

liability and claims in connection with this Agreement.

8. Minor Model Release: If any members of Client’s group are under the age of 18 then

Client will have the Minor’s legal guardian sign a Minor Model Release form.

9. Disclaimer: Photographer makes no representation or warranty regarding any third party

venue, product, service or activity that is booked on Client’s behalf. Photographer is also not

responsible for missed photo opportunities, lack of coverage due to weather conditions, rules

and restrictions of the venues, or other complications that may limit or impair photographer’s

ability to perform his services.

10. Copyright: Title and possession of all photos shall remain with the Photographer until

Client has paid in full. All photos are copyrighted and copyright rights shall remain the

property of Photographer even after transfer of possession. As the copyright owner

Photographer shall be entitled to use the photos for advertising, promotion, displays,

exhibitions and any other lawful purpose. Photographer reserves the creative rights to edit

and release only those images deemed professional in quality and within Photographer’s

artistic standards. Photographer grants Client a limited, non-exclusive, non-transferable,

revocable license to use the photos in accordance with this Agreement. Copying, scanning,

reproducing, or posting photos online without the express written permission of Photographer

is prohibited.

11. Force Majeure: If Photographer cannot perform this Agreement due to unforeseen

circumstances, including but not limited to, in climate weather, severe traffic, fire, terrorism,

damage to photography equipment or other causes beyond the control of the Parties, then

Photographer shall return any fees paid by the Client, less the retainer fee and expenses, but

shall have no further liability with respect to the Agreement.

12. Indemnity: Client agrees to indemnify, defend and hold harmless Photographer, its

employees, subcontractors, agents, and their respective successors, heirs and assigns (the

“Indemnitees”), against any claim, liability, cost, damage, deficiency, loss, expense or

obligation of any kind, including attorneys fees and other costs of litigation, incurred by the

Indemnitees in connection with any claims, suits, actions, demands, or judgments arising out

of this Agreement including, but not limited to, actions in the form of tort, warranty,

negligence, or strict liability.

13. General Provisions: This Agreement may only be modified in writing and signed by

both Parties. Additional terms and conditions on our website or on Client’s invoice may also

apply. The rights and obligations of the Parties hereto shall be governed, construed and

interpreted in accordance with the laws of the State of New York and applicable federal laws.

14. Shipping costs: All Shipping costs ares to be paid by the Client and are not returnable.

15. Print sales: Once an order has been submitted all print sale are final and are not returnable.