TERMS & CONDITIONS
1. It is understood that Highlights Photography by THT is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness or unforeseeable conflicts in scheduling. In the event of such substitution, Highlights Photography by THT warrants that the photographer taking the photographs shall be a competent professional.
3. Session fees must be paid on or before the portrait session date. Preview images will not be available until the session fee has been paid in full.
4. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
5. Highlights Photography by THT reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Highlights Photography by THT in the event of litigation arising out of such use.
6. Negatives, digital files and previews remain the exclusive property of Highlights Photography by THT.
7. Upon signature, the Photographer shall reserve the time and date agreed upon.
8. All session fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
9. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Highlights Photography by THT, the Photographer may elect to use an alternate location or to reschedule the session.
10. If Highlights Photography by THT cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Highlights Photography by THT fails to perform for any other reason, Highlights Photography by THT shall not be liable for any amount in excess of the retail value of the Client’s order.
11. 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. The Client is responsible for protecting and caring for his/her printed and/or digital products. Highlights Photography by THT is not responsible for any damaged products after successful delivery of said products.
12. The charges in this Contract are based on Highlights Photography by THT’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. Sales tax of 9% will be added to all printed orders. Labor and digital purchases are free of sales tax.
13. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without Highlights Photography by THT’s permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
14. REGARDING DIGITAL IMAGES: Client may purchase digital images at the rate of $10 per digital image, if and only if the Client purchases a minimum of $100 in printed products. Digital images purchased will be delivered either via web-based digital download, email or custom USB drive. If the Client loses or damages his or her digital images, Highlights Photography by THT will not by liable for such loss or damage and will not replace lost or damaged files. It is highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of Highlights Photography by THT and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.
15. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Highlights Photography by THT have been done so with the use of color calibrated monitors. Monitors used by the Photographer have been calibrated to meet printing standards, thus color changes may occur when images are viewed on non-calibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-calibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Highlights Photography by THT is not liable for the quality of images printed by any imaging lab, both professional and non. Please see the Highlights Photography by THT Preferred Vendors section of your welcome packet for more information on professional imaging labs.
16. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
This contract shall be governed by the laws of the Country of the United States in the State of Missouri and any applicable Federal Law.