These terms and conditions form the basis for entering into contract and covers the understanding between the Photographer and the Client. The only way to add or change this agreement is to do so in writing and agreed to by both the parties. The term Photographer refers to LightStreaks Photography and any person(s) acting on its behalf. The term Client refers to the person(s) or party who has appointed the Photographer to photograph the event. By choosing the Photographer to cover the event, the Client accepts these terms and conditions.
RESERVATION: A retainer fee is required to reserve the dates and times of the event(s). This will be 50% of the total value of the shoot unless agreed otherwise. If the event(s) are rescheduled or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable.
PAYMENT: The remaining balance is payable in full prior to or the day of the event(s). In the event the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this contract with no further obligation, retain any monies already paid, and not attend the event(s).The Client shall also be responsible for payment for any of the Photographer’s materials charges incurred up to time of cancellation.
SCHEDULE: The client agrees to confirm the schedule four weeks or as agreed prior to the event(s). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client.
VENUE AND LOCATION LIMITATIONS: The Photographer 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 Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
EXPENSES INCURRED: When applicable, the Client is responsible for all travel, accommodation, meal and transport costs unless provided by the Client or as agreed with the Photographer.
SHOOT: The Client shall provide the Photographer access to the location and the event in order for the shoot to be carried out to the best of the abilities of the Photographer. The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services. Prior to the shoot, the Photographer may request the Client for a pre-shoot meeting to discuss the shoot. Specific information relating to the location, timings and other guidance and preferences shall be provided to the Photographer in a reasonable amount of time. As a part of the shoot, the Photographer will require access to pose the Client which may involve the use of any tools that may be available at the event. At certain events, the Photographer may require assistance from other parties which form a part of the Client which shall be arranged for by the Client.
SHOOTING TIME: The Client and the Photographer agree that 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. All additional time the Client wishes the Photographer to stay beyond the scheduled end time will be discussed and billed accordingly.
RESPONSIBILITIES: The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the coverage. The Photographer is not held liable for missed coverage of any part of the event(s). The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the event(s).
SAFETY: The Photographer reserves the right to terminate coverage and leave the location of the event(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s); or in the event that the safety of any equipment (personal and/or professional) is compromised. The Client shall make available the safe-keeping of equipment, facilities pertaining to charging points for all equipment(s), parking facilities, toilet facilities and breaks.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. Any preferences the Client may have must be provided to the Photographer in writing prior to the shoot. Should the Client wish to have the images edited with any particular preference following the delivery of the images, the Photographer can agree to edit the images(s) at a cost.
DELIVERY: The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Photographer. The Photographer shall provide the final images to the Client following editing and post processing no later than three months, or as agreed. The Photographer is not required to keep a backup of any images from the event. The images shall be transferred to the Client through any storage and transfer medium.
COPYRIGHTS: Upon delivery of the images to the Client, limited copyright ownership of the images will be transferred to the Client. The Photographer grants the Client permission to share the images on social networking websites for personal use only, with family and friends and for prints as long as the images remain unaltered and textual credit is explicitly given to the Photographer. The Client must obtain written permission from the Photographer prior to publishing or selling the photographs or for any commercial purposes. The images produced by the Photographer may not be reproduced in any manner without the Photographer’s explicitly written permission. The Photographer has the right to withhold consent from the Client to use any of the images if it chooses to do so.
MODEL RELEASE: The Client hereby assigns the Photographer the irrevocable and unrestricted right to use and publish the images of the Client or in which the Client may be included along with any guests who form a part of an image, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event(s).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of part or all payments received for the event(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
RESPECT: Should the Client have any reason for being dissatisfied with the images or the Photographer, the Client shal not have the right to use any form of speech or media to belittle the Photographer or the images. The Client has the right to engage with the Photographer to address any concerns and mutually agree with each other a satisfactory conclusion to any issue. If the situation should occur that a satisfactory conclusion could not be reached, responsibility and liability is limited to the return of part or all of the payment received for the event(s) if applicable.