TERMS & CONDITIONS
1. It is understood that Jamie-Leigh Gonzales 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 unforseeable conflicts in scheduling. In the event of such substitution, A/Muse Creative 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. A/Muse Creative 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 A/Muse Creative in the event of litigation arising out of such use.
6. Negatives, digital files and previews remain the exclusive property of A/Muse Creative.
7. Upon signature and delivery of $75 deposit, the Photographer shall reserve the time and date agreed upon.
8. When booking a "30 minute Headshots" session, A/Muse Creative will deliver 3-5 edited digital images only. Additional prints of the 3-5 images may still be ordered.
9. All session fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather. Client will not be charged a penalty for rescheduling a session provided at least a 48 hours notice is given. Client may reschedule the session, at the convenience of Photographer, without being charged a fee. No show or rescheduling within 48 hours will incur a $50 reschedule fee at the discretion of Photographer. Photographer will make every effort to spend the necessary time, including on multiple days, at the convenience of Photographer. Photographer may reschedule without penalty.
10. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of A/Muse Creative, the Photographer may elect to use an alternate location or to reschedule the session.
11. If A/Muse Creative 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 A/Muse Creative fails to perform for any other reason, A/Muse Creative shall not be liable for any amount in excess of the retail value of the Client’s order.
12. 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 responisible for protecting and caring for his/her printed and/or digital products. A/Muse Creative is not responsible for any damaged products after successful delivery of said products.
13. The charges in this Contract are based on A/Muse Creative ’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 12% will be added to all printed orders. Labor and digital purchases are free of sales tax.
14. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without A/Muse Creative ’s permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
15. REGARDING DIGITAL IMAGES: Digital images purchased will be delivered either via web-based digital download, email or custom USB drive. Digital deliverables on a USB drive will be an additional $50. If the Client looses or damages his or her digital images, A/Muse Creative will not be liable for such loss or damage and will not replace lost or damaged files. It it 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 A/Muse Creative and may not be altered in any way, shape or 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.
16. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by A/Muse Creative have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated 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-callibrated 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. A/Muse Creative is not liable for the quality of images printed by any imaging lab, both professional and non.
17. REGARDING DIGITAL IMAGE DELIVERY: All images will be edited and sent via online gallery within 3 weeks of the session. All online galleries will be active for 30 days. If the Client fails to download the images within the 30 days, an unarchiving fee of $50 will be charged for reupload of any online galleries.
18. REGARDING SOCIAL MEDIA SHARING: All images posted online or on social media sharing apps must tag A/Muse Creative, Jamie-Leigh Gonzales or provide a link to www.a-musecreative.com.
19. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
APPLICABLE LAW
This contract shall be goverend by the laws of the Country of the Canada in the province of British Columbia and any applicable Federal Law.