Belly Bean Photography, LLC Terms and Conditions
1. Exclusive Photographer. The Photographer is the exclusive photographer retained by the Client for the purpose of photographing the Event or Session identified by this Agreement. Notwithstanding the foregoing, the Client may be permitted to take his or her own photographs subject to the discretion of the Photographer and provided that such does not interfere with the Photographer’s duties under this Agreement.
2. Fees, Deposit and Payment. The Fee stated in this Agreement is for the Photographer’s services, including, but not limited to, time, basic retouching and editing of images and other creative photography functions. A 50% deposit is due at the time Photographer is engaged by Client for the Event or Session. The balance will be paid in full by the Client prior to or at the time of the scheduled Event or Session. Photographer reserves the right to not perform services under this Agreement and to not release photographs to Client until and unless full payment is received by Photographer.
3. Additional Fees. Client is responsible for any location costs, fees or expenses associated with the Event or Session. An additional fee of $20 applies to Photographer’s services provided outside of a 20 mile radius from Belle Mead, NJ. Every mile over 40 miles is $1/mile additional, payable at time of session. Every client will receive a selection of images based on the Photographer's choosing at the Photographer's disgression. Additional editing of photographs may be requested by Client and provided by Photographer in her sole discretion, and may be subject to additional cost. Each image additional to the originally promised quantity will incur a charge of $50/image when available, after full gallery presentation is complete. Additional images will be delivered in high resolution once payment is received. Additional edits after the final high resolution image is delivered will incur an additional charge of $50/image (i.e. cloning, black and white or color conversions, background, etc.)
4. Copyright and Reproductions. Client acknowledges and agrees that the Photographer owns the copyright in all images created under this Agreement and has the exclusive right to distribute, publish, use and make reproductions of such images. The Photographer may distribute, publish, use and reproduce such images for the Photographer’s portfolio, samples, self-promotions and advertising, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio and other business purposes of the Photographer.
5. Client’s Usage. Photographer hereby grants Client the limited license to use, reproduce, distribute, and publish digital copies provided by Photographer to Client for Client’s personal use. Client acknowledges and agrees that Photographer is under no obligation to provide Client with ALL images taken during the Event or Session and Photographer will make available to Client digital copies of final images and products subject to Photographer’s discretion. The Client understands that s/he is obtaining digital copies of said images for personal use only, and shall not sell, reproduce, distribute, publish or use said images for any commercial purpose. If Client is using a digital image for an announcement, editorial use, social media (i.e., Facebook, Twitter) or website usage, Photographer authorizes Client to use, distribute, publish or reproduce the digital copy in this manner. In such event, Client shall clearly identify the Photographer in said announcement, editorial use, social media or website use, and photography MUST include Photographer’s watermark. Photographer will provide Client with digital copies that include Photographer’s watermark for said purposes.
6. Failure to Perform; Damage. Photographer is not responsible for any damage that may occur to products after delivery to client, including any damage caused or occurring after Photographer has deposited such products with a US mail carrier. 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 Photographer’s illness, then the Photographer will return the deposit to the Client and will have no further liability with respect to this Agreement.
7. Limitation on Liability. Photographer is not responsible for any use, distribution, publication or reproduction of any images provided under this Agreement to or by Client. Client is solely responsible for any and all use, distribution, publication or reproduction of images hereunder. Photographer expressly disclaims liability for misuse of images by Client or any third party, failure to capture certain images, damage to photographic materials, loss of images through camera malfunction, loss of images in the mail or through electronic equivalent, or otherwise loss or damage without fault on the part of the Photographer. Under no circumstance shall Photographer be liable to Client under any claim, action or proceeding brought in connection with this Agreement in excess of the total amount paid by Client under this Agreement, including failure of Photographer to perform.
8. Assignment/Delegation. The Photographer may assign, delegate or substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
9. Inherent Qualities. Client acknowledges that color dyes in 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. Client acknowledges that blurring, alteration, distortion or use in composite form whether intentional or otherwise, may occur or be produced in taking or processing the photographs.
10. Cancellation. If the Client cancels this Agreement their deposit is forfeited. The deposit may be applied to a future booking if re-booking is within seven (7) days of initial cancellation and the re-scheduled Event or Session occurs within one (1) calendar year of the originally scheduled Event/Session date. If client pays in full, 50% of the full amount will be refunded to the client within 30 days of cancellation as long as the cancellation occurs 30 or more days prior to the session date.
11. Image Retention. Client acknowledges that Photographer is under no obligation to retain any images or final products, whether digital or in any other form or format, provided under this Agreement after thirty (30) days from the client’s receipt of the final high resolution images. Images will be provided via online photography gallery. Download instructions will be provided. Client may request that Photographer retain such images or final products for a longer period of time, subject to agreement by Photographer in her sole discretion.
12. Miscellaneous. 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 by Photographer is not a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement is governed by the laws of the State of New Jersey exclusive of conflict of law principles.