Terms and Conditions
1. Booking and Cancellation. Once a reservation is made by the client with the photographer. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the session or fail to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain. As such, client agrees that, in the event of cancellation by Client, a reservation fee in the amount of 50% of the total shall be forfeited by Client and paid to the Photographer as liquidated damages and not as a penalty. Client and Photographer agrees that such amount is reasonable. (All remaining balance will be credited back to the client).
2. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
3. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements on the front of this form. 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.
4. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, 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 event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
5. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
6. Photographer’s 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.
7. Arbitration. All claims and dispute arising under or relating to this agreement are to be settled by binding arbitration in the state of Connecticut or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for sum less than $800.
8. Miscellany. 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. This Agreement shall be governed by the laws of the State of Connecticut.