Any business agreement is between the "Client", and Invicta Photo Works, hereinafter referred to as the "Photographer", collectively referred to as the "Parties", with the portrait session detailed below. Any signed agreement supersedes all prior and simultaneous agreements between the Parties. The only way to add or change an agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of our agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Deposit/Retainer and Reserved Time
Upon signing our contract, Photographer will reserve the time agreed upon and will not make another reservation for the specified time frame. For this reason, a retainer fee of 30% is required for all portrait sessions. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. For this reason, the retainer is non-refundable even if the date of the portrait session changes or the portrait session is canceled by the client for any reason. The balance of the complete package price must be paid before or on the day of the event. If final payment is not received, the Photographer will not be expected to attend the event or provide any photography related services. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of the event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the Client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of a change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client gets in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
After the signing of our Agreement and the reservation of the photography date, in the event of a cancellation, there shall be no refund of the retainer. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer and the event can be rescheduled. [See RESCHEDULING] All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
In the event that a Client reschedules a portrait session, a new contract may be required. The new package price will reflect pricing in effect with the date change. In the event that Client reschedules another non-refundable retainer is required to retain the desired date.
Liability and Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of any assignment. Due to the limited and subjective nature of the event, Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do his or her best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client points out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed if applicable. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Client is responsible for all location fees and permits.
Payment and Packages
No unedited digital image files, extra image files, or RAW files will be released for any reason as Photographer retains the copyright to the digital image files. Payment of the Client does not constitute the transfer of the copyright from Photographer to the Client. No additional images will be provided unless specifically waivered on the part of the Photographer.
Failure to Pay Balance and Copyright
No photographs will be released to the Client, and no rights are granted until timely payment is made in full. Title (POSSESSION) of and copyright to all products shall remain with the Photographer until the Client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer at all times throughout the world. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is hereby granted to the Photographer to use any images created under our contracts for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The Client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
Digital Image Files, Printed Images and Inherent Qualities
Upon receiving the digital image files, Client accepts all responsibility for retaining, backing up, archiving, protecting and preserving the digital image files. The Photographer does not permanently archive digital image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or for media readers that may result in an inability to read the digital image files provided. It is Clients responsibility to make sure digital image files are copied to new media as required and to retain, back-up, preserve, archive, store or protect their digital image files. Damage incurred to digital image files or printed images as a result of improper handling, framing or hanging is the responsibility of the Client.
Color dyes in printed photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities or from normal wear and tear. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Photographer suggests printing from professional printing labs to receive highest quality prints.
The Client shall not copy, download, screen shot or capture the photographs in any other fashion than by the digital media files that are sent to the Client upon final payment either by digital download over the internet or via DVD or CD. This assures that the images shared on social media or printed will be directly from the digital image files and are not altered, reduced in size, resolution, or quality because this results in altering the image to not be an accurate representation of the work performed by the Photographer. [SEE SECTION LABELED SOCIAL MEDIA]
Personal Appearance, Garments, and Personal Items
The Photographer is not responsible for the personal overall appearance of Client. The Client is responsible for personal styling, hair, make-up, clothing, skin, and hygiene. Photographer will try to make adjustments as necessary on location during scheduled shoot times but Client retains all responsibility for personal appearance, and Photographer accepts no responsibility for the dissatisfaction of personal appearance or personal items by Client with the final product. Any personal item adjustments or retouching requests by clients can be made at $10 Per Item. The Photographer cannot be held responsible for damage to Garments due to environmental events. The Client is responsible for arranging personal assistance for garments.
The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography session for the duration of the time scheduled. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
This clause applies to all social media including, but not limited to Facebook, Twitter, Instagram, Tumblr, Snapchat, and Blogs. When published online, it is required that citation of photographer be made. The Client agrees that they will under no circumstances alter the Photographer's photographs that are placed on the internet. As a photographer, I need photographs that are placed online to be accurate representations of my work so that future clients have a good understanding of the type of photographs that they will receive. The Client agrees to be responsible for any family members or friends who posts the Photographer's photographs online and agrees that they can not be cropped with the exception of forced cropping on services like Instagram, altered in color or edited in any way. The appropriate citation also includes tags and linking to social media handles.
Photographer reserves the right to report all photographs posted without proper credit as a copyright violation and they will be removed.
Photographer reserves to right to terminate coverage and any contract, and leave the location of the event(s) if the photographer representing Invicta Photo Works and/or subcontractor(s) experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Event Food Service
A light meal is required for events up to 6 hours for the Photographer. For events up to and past 8 hours, a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the event to purchase a meal.
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
Unless agreed upon prior to any editing work, high-resolution digital image files, DVD's, CD's, or proof sets may contain a mixture of color images, black and white images, and selective color images. If available, an alternately colored copy of a digital image file may be purchased for the current rate of $10 per image. Limited color correction and/or photo retouching are included at the Photographer's discretion. Client may request additional changes for an additional charge.
Photographer is not responsible for any prints that are not ordered directly from the Photographer. For best results, Client should order their prints through a reputable lab.
Images determined by the Photographer to be sub-standard or duplicated may be edited out. The Photographer will use professional judgment and sole discretion to select the digital image file to deliver. Such selection will constitute all images that will be made available to the Client. No unedited, extra, or RAW digital image files will be provided.
The Client agrees to give the Photographer at least TWO WEEKS to finalize and deliver images before inquiring about digital image file finalization.
If the Photographer or its assigns cannot perform any Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, illness, non-technical problems, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any sums of money paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, sd card or compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
Returned checks are subject to a $35 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of any contract becomes necessary. All legal action shall be taken appropriately.