Christy Ladd Photography Terms and Conditions Agreement
1. Deposit and Payment. The Client shall make a nonrefundable deposit to Christy Ladd Photography, here to after to be referred to as "CLP", to retain the Photographer to perform photography services for the requested date and services specified by the contract and supported by the Terms and Conditions set forth herein. The Deposit shall be applied to reduce the total collection cost and the Client shall pay the remaining balance due on the date of the session unless the payment plan contract has been completed in it's entirety.
2. Cancellation. Should the photographer have to cancel due to any unforeseen emergency, the Deposit & any session fees already paid shall be returned to the Client. Should the Client need to reschedule their session with CLP, they must provide 48 hours notice to CLP and their deposit may be applied to their new session date. If the Client should contact CLP to reschedule with less than 48 hours notice, CLP shall retain the entire deposit to cover the loss of the booking. Deposits are nonrefundable should the client decide to cancel and not reschedule for any reason.
3. Photographic Materials. All photographic materials, including but not limited to; edited or unedited digital negatives, photographs, film negatives, transparencies, proofs, and previews in digital or paper form, shall be the exclusive property of Christy Ladd Photography as provided under USC Title 17 (US Copyright Law). Should the Client purchase digital photograph files, CLP may lend a Limited Print Release/Limited Personal Use License which may be revoked at any time for misuse.
4. Copyright and Reproductions. CLP shall own and fully retain the copyright in all images, photographs or digital files created and shall have the exclusive right to make reproductions for commercial or advertisement purposes, re-edits or designs, utilization of photos for entrance into any contests or to profit from stock photography purposes, or otherwise selling any images. CLP retains the exclusive right to sell, copy, display, and/or publish any or all images created under this agreement, to the general public, for any reason. The mediums for display could include but are not limited to newspapers, magazines, books, television, and the internet. By signing, the Client hereby grants CLP the right to use and publish any photographs taken during your photography session to further promote its service, including but not limited to portfolio, website, display in print or digital form, advertisement, editorial use, stock photography, photo contests, re-edits that will not be included in the Client's viewing gallery, or for monetary gain. Should CLP re -edit any photograph to a state which was not included in the Client's original viewing gallery, the Client shall have no rights to that/those photograph(s), and CLP may or may not choose to sell prints or digital files of those photograph(s).
5. Personal Use Allowances/Client's Usage. CLP will only provide Clients with copies of edited digital images files that have been purchased. Purchased Digital Files will come with a Print Release allowing Client to create prints at any location of their choosing for personal use only. Prints not intended as gifts from the Client to another person must be purchased online through CLP. Clients may only publish the low-resolution, watermarked copies included in their flash drive, to the internet, with exception only to wedding files if low-res versions are not provided. By purchasing the digital file, the Client releases CLP from any liability due to loss of, or damage of the digital files or images, and also releases CLP from any obligation to maintain copies of any digital files, images, or photographs.
6. Client’s Usage Restrictions. The Client(s) agree that they are obtaining digital negatives/prints solely for their personal use, and shall not sell files/prints or authorize any reproductions thereof in either print or digital negative or flash drive form. At no time is the Client allowed or granted permission to sell or resell their photographic materials or use them for any advertising, or editorial purpose, or competition entrance without the written expressed permission of CLP. At no time shall the Client or any other person be allowed to re-edit any of CLP's work, with exception only to tonal changes as made in kiosk when printing from the drive, which may allow the Client to change the color print to black and white. The Client may not allow anyone other than the persons named on the Print Release to use the Client's photo drive to make their own prints. Client may not purchase prints for a recipient with the expectation of being reimbursed for the purchase. Any distribution of my copyrighted works as outlined above, or use for the general public or for monetary gain of any kind, including but not limited to advertising, stock photography, or print sales will be considered copyright infringement and will be prosecuted in a court of law. At no time may any person sell or distribute any copyrighted works of CLP without a contract agreement signed by both parties and witnessed by a third party of the photographer's choosing
7. Failure to Perform. If the Photographer /CLP cannot perform the duties specified within this agreement due to a fire or other casualty, strike, act of God, act or Nature, or other cause beyond the control of either party, or due to the Photographer’s illness, recovery, bereavement, or any other personal situation, then the Photographer shall return the deposit and any money previously paid for Services not yet rendered to the Client, but shall have no further liability, monetary or otherwise, with respect to that Agreement. Services already rendered will be nonrefundable according to their CLP Value. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, SD card malfunction, compact flash card malfunction, or SanDisk malfunction, lost in the mail, or otherwise lost or damaged with or without fault on the part of the Photographer, or additional or substitute photographers who may assist with events. In the event that the Photographer fails to perform for any reason, the Photographer and/or CLP shall never under any circumstances be held liable for any amount other than the agreed value of the Client’s Collection as signed upon in the Contract Agreement.
8. Photographer. CLP may substitute another photographer to take the photographs in the event of the Photographer’s illness or personal emergency, if one is found and available for the event. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent photographer, though not necessarily a "professional". Client retains the right to refuse substitute photographers but CLP will not be liable for any amount more than the Deposit or Collection price that has already been paid.
9. Inherent Qualities. Client is aware that color dyes used in printing consumer quality photographs may fade or discolor over time due to inherent qualities of the dyes/inks/equipment used, and the Client releases the Photographer and CLP from any liability for any claims whatsoever based upon fading, discoloration, or unsatisfactory color reproductions due to such inherent qualities. Any discrepancy over photographic quality should be discussed with the company used to print your photographs. For this reason, it is recommended that you order prints through your online client gallery or through CLP to ensure the highest possible quality. Also, Client understands that variances in computer monitor calibration can equally affect the quality of the visual appearance of the image on the computer and releases the Photographer and CLP from any claims through which the computer image is unsatisfactory.
10. Photographer’s Price List. The charges in this Agreement are based on CLP's current 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. The Client should verify current prices with the Photographer as the websites may or may not be up to date.
11. Exposures and Editing. It is understood that CLP will NOT deliver every exposure taken and the Client agrees to abide by the Photographer’s editing decisions, including but not limited to frame acceptance or rejection, colorization, or modifications of any kind. CLP will never distribute unedited, or RAW files to Client's under any circumstances. The Client may request modifications in colorization or enhancements of specified frames after the final images has been reviewed by the Client, however those post editing modifications will be priced at the photographer’s discretion and must be paid in full before images representing such modifications will be distributed to Client. The photographer will not be held liable under any circumstances for missed images that were requested or expected. Lack of coverage resulting from weather conditions, lack of cooperation from any person or persons, schedule complications caused by third parties and events including, but not limited to, location restrictions, officiant restrictions, other cameras or flashes, the lateness of any party, or if the final images are not suitable to the Client for any reason. CLP shall have no liability or fault under this condition, monetary or otherwise.
12. All persons listed under Portrait Subjects as outlined in this contract agreement give their consent for model release and by signing, the Bride and Groom (if applicable) become the responsible party for all guests and personnel in attendance at their wedding and by proxy give their consent also for model release, and as such photos including any person(s) included for any and all of their images to be used and published by CLP in any medium available, for any purpose, and for an unlimited time. The Portrait Subjects also give consent for their images to appear on CLP advertisements, including our website, and our Facebook and other Social Media sites.
13. Photo Website: You will be given a link to enter your gallery on CLP's website. You may choose to share or distribute to any family and friends you wish. If any problems should arise with your order: ie damage, missing items, please contact the photographer and she will help you mediate the customer service process . Once an order is placed on any item, it is FINAL. It may not be cancelled for any reason, and refunds will not be given under any circumstance. We apologize for any inconveniences.
14. It is understood by the Client(s) that CLP is not required to, and does not necessarily retain digital negatives of any portrait session or wedding, and therefore cannot be held responsible for loss of images. Should the Client lose, damage, or render the final product flash drive inoperable in any other way, they will be required to purchase a new back-up copy, if one can still be supplied, at a price of $50.00. For this reason, CLP recommends that you purchase an extra and back-up your images in a separate location from your main digital archive. Digital images are never safe unless printed.
15. It is herein understood that CLP or any persons associated with the namesake in any fashion, are not under any circumstances to be held accountable or liable for any accident, injury, medical costs, or death of any person, whether portrait subject or guest, resulting from their photography session or posing of any kind throughout the Portrait Session or Wedding/Event. The Client hereby agrees to utilize potentially hazardous locations such as streets, roadsides, and to attempt or allow potentially hazardous poses of themselves and all others to be included in or during the session or event at their own risk. The Client also agrees to accept all of the inherent risks of outdoor photography solely at their own risk (sun/heat/wind/cold, pests, snakes/spiders, uneven terrain, poisonous plants etc).
16. It is understood that the included products and print credits in all CLP collections must be chosen or redeemed at your Viewing Session/online link-skype session, or the included offers will be forfeited. It is herein understood that you will not receive that access code to your online gallery until after your Viewing Session is completed. For those Clients utilizing only the online viewing gallery to redeem their products and print credit, your packaged offers expire two weeks from the activation date of your online gallery. Your products must be selected and print credit must be redeemed on or before this date, no exceptions. An online viewing session will only be allowed at the photographer's discretion, for out of town guests who are unable to meet for a viewing session.
17. The photo delivery date of all basic and non-wedding portraits by CLP will be up to 4 weeks. The delivery date for all events and weddings will be up to 8-12 weeks. A rush fee will apply for any client requesting photos be finished before this time allowance.
18. Internet/Facebook/Blog Display: I would love for you to share your copyrighted images on social media sites. If watermarked files were included in your purchase (general portrait sessions), those images are the only ones allowed to be displayed online. For large events/weddings, you may upload your full resolution images only if watermarked files were not provided for you. In either case, please "tag" and credit Christy Ladd Photography for her work.
19. Miscellany. This Agreement incorporates the entire understanding of the parties agreed herein. Any modifications of this Agreement must be made 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 Texas and by USC Title 17 (US Copyright Law).
By signing/clicking submit, I certify that I have read the outlined Terms and Conditions Agreement and agree to abide by its Conditions as set forth in this Contract.