ENTIRE AGREEMENT: This agreement contains the full understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
LIMIT OF LIABILITY: In the unlikely event that the COMPANY is injured or becomes too ill to cover the event, the COMPANY will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package. The COMPANY takes the utmost care concerning exposure, transportation, and processing the photographs. However, in the unlikely event that pictures have been lost, stolen, or destroyed for reasons within or beyond the COMPANY’s control, the COMPANY’s liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to the time of cancellation.
SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. The COMPANY has a 20 minute grace period afterwards the Client will be billed $150. If the COMPANY is waiting more than 45 minutes the COMPANY has the right to cancel the session.
At the time of sending this Agreement Client will pay 75% of the cost. Client shall pay the balance days before the evening. Failure to meet payment will result in either a $150 fee added to your balance each day overdue or full cancellation of services.
Your deposit is non-refundable.
The COMPANY will not release images until the balance is paid in FULL.
After the final work is completed, the client has (7) days to download work. If final work has not been collected, there will be a 10% per day storage fee.
ADDITIONAL SERVICES: Any work which the client wishes The COMPANY to create, which is not specified in the DESCRIPTION Section of this agreement will be considered another service. Such action shall require a separate Agreement and payment in full different from and above that specified in this agreement.
CAPTURE + DELIVERY The COMPANY agrees to deliver proofs via private viewing online gallery within seven days of the event.
The finished work shall be delivered via downloadable (High Res) digital jpeg files 14 Days after the session date or 7 three days after the approval of proofs by the client. If the photographer can not meet 14 days, There will be an extension of 7 days approval by the client.
The COMPANY will make every effort to meet agreed upon due dates. However, should time go beyond the expected date; the COMPANY will alert the client of a new date within 15 days of the final date. The client should be aware that failure to submit required information or materials may cause delays in production and therefore result in significant delays in the delivery of finished work.
RESERVATION OF RIGHTS
All rights not expressly granted hereunder are reserved to The COMPANY including but not limited to all rights in unedited or edited photos or other materials such as; Magazines, Website, Video / Film, and or other Digital media.
WEBSITE: The COMPANY does operate an online portfolio and therefore, may use images from the session for portfolio use only. The number of copies will be discussed with the client before uploading. If the Client requests images to be removed after the agreement, there is a charge of $100.
AUTHORSHIP CREDIT: Authorship credit in the name of Leo Creary Photography shall accompany the work when it is reproduced via print/web/TV format.
RELEASES: The Client agrees to indemnify and hold harmless The Company against any and all claims, costs, and expenses, including attorneys fees, due to materials included in the work at the request of the client for which no copyright permission or previous release was requested or used which exceed the uses allowed pursuant to a consent or release.
FRAMES: The Photographer will release a specified number of frames taken depending on the package. However, both the client and The COMPANY will decide which frames are suitable to edit based on the package selected. The number of edits will be agreed upon by both parties. If the client wishes to receive more frames, then he/she will be charged accordingly.
OWNERSHIP AND RETURN OF WORK: The property of original images, created in the process of doing the finished work, shall remain with The COMPANY.
REVISIONS AND DEFACING: The COMPANY shall be given the first opportunity to make revisions to the photos via color, cropping, or minor enhancements. If further retouching is requested by the client, there is a fee of $20 per image. You may not change the picture itself i.e., background, clothing, or props.
EXCESSIVE CHANGES: If after final approval, the client seeks other changes, then this will be at the cost of $50 per revision.
RETOUCHING: Images will be enhanced but should you want professional retouching done to any image, this is an additional cost of $20-$40 per photograph. This ensures top quality for the look of skin, imperfections, teeth, or any other deformities the client may want to be corrected. This is NOT included in any package.
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer professional recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
INTERNET THEFT and PIRACY: The COMPANY images are protected, and any breach of this will result in legal action. You cannot reproduce or edit the image without the written consent of The Company.
TRAVEL: The COMPANY is available to travel outside of The Bahamas; however, the CLIENT is responsible for all travel accommodations; flight, per diem, transportation, and lodging. This cost is NOT deducted from the value of the job itself.
HEALTH: The COMPANY requests that the clients are in good health and are prepared to take on some physical challenges on shoots. If you have a medical condition, please let The COMPANY know before shooting. The COMPANY assumes no responsibility for any mishaps or accidents on shoots.