TERMS AND CONDITIONS
1. Exclusive Photographer. Lynn Prescott Photography photographer(s) shall be the exclusive photographer(s) retained by the Client for the purpose of photographing the clients said photo session. Friends and family are not permitted to take photographs of poses arranged by the Photographer.
2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. A $75 deposit is required to secure date of photo session.
3. Cancellation or Reschedule. The client may reschedule the photo session due to illness one time. If the session is rescheduled a second time and forthgoing, a $25 fee will be assessed and deducted from the deposit.
4. Photographic Materials. All photographic materials, including but not limited to digital media storage devices, photographic files, negatives, and transparencies, shall be the exclusive property of the Photographer. The Photographer shall provide a CD/downloads containing digital photograph files available to the Client. The CD/downloads containing digital files belongs to the Client. The files contained therein belong to the Lynn Prescott Photography photographers(s).
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions, except where permission is granted to Client to make reprints from the CD/download of images provided. Client has permission from Photographer(s) to reproduce these images in what sizes they desire with what lab they choose. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
6. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. In particular, Client may not share non-watermarked images from your session or event with other vendors; vendors desiring images should consult the photographer for copies of images made at your event.
7. Failure to Perform. 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 shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost through computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
8. Photographer. The Photographer may 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 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.
10. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’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.
13. Miscellany. 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 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 Indiana.