Unleashing Visual Magic | Photography & Videography These terms may vary with each photo assignment. This applies whether the photographer is present or not.
ns of our business. You, the client, will always receive exact details in advance of your proposed assignment. A Terms and Conditions will be included with every estimate and invoice.
1. ACCEPTANCE OF TERMS and CONDITIONS:
This is between YELLOW APPLE PHOTOGRAPHY (“Photographer”) and you (“Client”). All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
2. USAGE RIGHTS and OWNERSHIP:
Client acknowledges that Photographer is the author of the Images and also the first and sole owner of all copyrights of the Images. All Images and copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Images specifically granted by Photographer to Client appear on the reverse side of this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use any Images for his self-promotion.
3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Images, alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted. Any alteration or modification of the Images will not constitute a work of joint authorship.
4. CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required only if specified on the reverse side of this Agreement. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
5. CANCELLATIONS and POSTPONEMENTS:
To do our best work, we focus on only one client per day. Once Client and Photographer have agreed to times and dates for a photography assignment, Photographer will not accept work from any other client for the same times and dates. Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment and ;
If a booking is cancelled by the Client before a day, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within ten days of the starting time, the Photographer will charge 50% of his fee. If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting. Any deposits paid on booking become non-refundable for cancellation, or postponement. Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance. The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance.
6. FAILURE TO PERFORM:
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement. This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
7. KILL FEE:
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Images.
8. ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Images, it is Client’s responsibility to properly store and archive the Images for the duration of the term of agreement. Photographer cannot guarantee the availability of any Images beyond the date of first delivery to Client. Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable. All digital files created by, or on behalf of, Client that contain any Images will be deleted or destroyed within ten days after the date of delivery to Client.
9. DAMAGE OF EQUIPMENT:
When the photographer is required to supply equipment with regards to any commission then the client is responsible for the behavior of their guests using said equipment. Any damage to provided equipment is to be repaired at the client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.
10. FEES and EXPENSES:
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavor to provide an indication of what these additional charges will be.
11. PAYMENT:
50% Payment for all products and services provided by the Photographer must be made 10 (seven) days before the assignment and rather due 50% payment during the assignment. All payments are non-refundable. All payments are to be made with either cash or by cheques.
12. EXTERNAL LINKS TO THE SITE:
Other web sites that may provide a link to our web site are entirely independent of our site. Any direction by a third party to this site shall not, in any manner, be construed as an
endorsement by us of such party’s World Wide Web site, products, or services. Our Privacy Promise does not apply to any third parties over whom we have no control.
✔ contact : 0343-3488182 , 0346-2207124
ROD's Photography