Publication Date: February 10, 2014
Updated: July 31, 2016
ALL ASSIGNMENTS AND LICENSES ARE SUBJECT TO THE FOLLOWING AGREEMENT TERMS AND CONDITIONS
“The Photographer” is A.H. Photography, LLC. “A.H. Photography” is A.H. Photography, LLC. “The Client” is any person, body of persons, firm, principals, employees, affiliates, organization, representatives of, or Company with whom The Photographer enters into a contract for the sale of goods or provision of services by The Photographer. The Photographer’s relationship with The Client is that of an independent contractor. “Image(s)” means all visual representations delivered to The Client whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media. The Image(s) will be the A.H. Photography’s interpretation rather than a literal re-creation of The Client’s concept(s) and/or layout(s). “Assignment”, “Session”, “Photo shoot”, “Shoot” refers to the photography assignment described on the specified agreement that The Client is specifically commissioning pursuant to the specified Agreement.
Acceptance of Quotation and Terms and Conditions
All contracts and transactions between A.H. Photography and The Client whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract between A.H. Photography and all or any of its Clients. The placement of an order for photography and/or any other services offered by A.H. Photography and validated by The Client’s signature or e-signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory a.k.a. The Client and A.H. Photography. All work is carried out by A.H. Photography on the understanding that The Client has agreed to A.H. Photography’s terms and conditions. This Agreement and Terms and Conditions will be deemed to be a contract made under the laws of The United States of America, and for all purposes will be interpreted in its entirety in accordance with these laws. The Client specifically and irrevocably confers personal jurisdiction over it by the courts. The Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of A.H. Photography. In addition to oral and written agreements, use of any Image(s) by The Client will constitute acceptance of all the above terms and conditions.
The content and images used on this website are the property of and copyright by Darian Harris, dba A.H. Photography. Certain images may be utilized on other websites under the control of The Photographer and/or A.H. Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from A.H. Photography and/or the creator of the work.
Payment Terms, Fees, Charges and Expenses
Charges for services to be provided by A.H. Photography will be set out in the written estimate/quotation known as an “invoice” that is provided to The Client. At the time of The Client’s signed/e-signed acceptance of this invoice, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. The assignment will not be considered booked and commence until A.H. Photography has received this amount. New clients or other clients out of terms may be expected to pay the FULL amount in advance for their project/goods. A.H. Photography reserves the right to increase an estimated/quoted fee in the event that The Client requests a variation to the work agreed.
The Client will be provided with an Approval Form and/or review of the work rendered with an invoice prior to final publication. At this time the remainder of the amount due will become payable and The Client will also be required to sign and submit the Approval Form to A.H. Photography. Accounts which remain outstanding for fourteen (14) calendar days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount. Once The Client and A.H. Photography have agreed to time(s) and date(s) for a photography assignment, A.H. Photography will not accept work from any other client for the same time(s) and date(s).
*A.H. Photography reserves the right to choose which payment service will be available and best suitable for each individual instance. All fees accessed in processing and/or transferring of funds will be payable by The Client.
†No order/service will be considered fulfilled and processed until all checks have cleared. All returned checks will incur an additional $50(USD) fee per returned check. A.H. Photography reserves the right to consider an account to be in default in the event of a returned check.
Publication and/or release of work done by A.H. Photography on behalf of The Client, may not take place before cleared funds have been received.
1. Cancellations: Cancellations forty-eight (48) hours (two (2) working days) or more in advance will be charged as ten (10%) percent. Cancellations twenty-four (24) hours (one working day) in advance will be charged forty (40%) percent of the agreed contract amount. Cancellations of trips, or full week confirmed bookings must be made two (2) weeks prior to the booking, otherwise a full fee will be charged and full reimbursement will be expected. (e.g. costs incurred from transportation, airplane, etc.)
Example: A.H. Photography is scheduled to shoot an event and the event is cancelled the day prior to the agreed time. The Client contacts A.H. Photography to notify of the cancellation. At that time, A.H. Photography will charge forty (40%) percent of the agreed contract amount, plus 100% of any rental fees or other actual expenses. If A.H. Photography has completed any portion of travel, The Client will be invoiced for all travel expenses as if the work had been completed.
1b. Postponement/Rescheduling: Postponements/Rescheduling twenty-four (24) hours in advance of the assignment date will be charged an additional ten (10%) percent fee of the invoiced amount along with the remaining balance of the assignment. Postponements/Rescheduling less than twenty-four (24) hours in advance of the assignment date will be charged an additional twenty (20%) percent fee of the invoiced amount along with the remaining balance of the assignment.
– A Postponement is a rescheduling of the assignment by The Client, with prior consent of A.H. Photography, to a mutually agreeable date within thirty (30) calendar days of the original assignment date. The Client is responsible for payment of all fees, charges and expenses incurred up to the time of postponement. Fees for cancellation or postponement will apply regardless of the reasons for the cancellation or postponement. However, A.H. Photography understands that life doesn’t always happen as planned and consideration will be given in any such circumstance. If the work is cancelled on or before the day of the scheduled work, for any reason by A.H. Photography, The Client agrees to reschedule the work, if possible, at their earliest convenience. The Client will not be charged for travel or other any other expenses if the work is canceled by A.H. Photography.
2. Weather Permit: Type of weather must be specified. A same day cancellation will be charged as a full assignment/session fee. Cancellations twenty-four (24) hours in advance due to weather will not be charged a cancellation fee. In such instances, A.H. Photography may charge in full for their expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc.), that they may have incurred prior or during the assignment taking place.
If the same assignment is rescheduled for a later date, full fee is due before the rescheduled date and any additional expenses will be charged for the actual shooting.
Example: If A.H. Photography has begun a project and the time agreed in the original contract is not adequate to complete the work, The Photographer or The Client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If The Client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to The Client. The Client will receive all work following payment.
No rights/licenses are granted unless and until A.H. Photography has received full payment. Any use prior to the full payment will be considered an unauthorized use. The Client agrees that the reasonable and stipulated amount that will be paid to A.H. Photography for such an unauthorized use will be one and half times the invoice total.
All prices shown within A.H. Photography’s price list are subject to change without prior notice. A.H. Photography reserves the right to amend these Terms and Conditions without prior notice.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. A.H. Photography reserves the right to terminate any assignment without notice if deemed that The Client’s behavior to be unruly or unsafe. In such instances, A.H. Photography reserves the right to charge the full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse A.H. Photography or their agents for any loss/damage they cause to property or equipment.
Work is complete when A.H. Photography provides The Client with agreed material purchased. This includes a CD/DVD, access to a web gallery and or prints containing all of the RAW or JPEG images photographed on behalf of The Client. A web based gallery of images taken for you will be created for the approval purposes unless a contact sheet is requested. Access to web galleries is restricted to Clients only. Images may not be copied, screen shot, screen grabbed, screen shared from the web gallery or used in any form, without express written permission. Contact sheets can be provided by request prior to the day of the shoot for an additional charge. Our products are provided in both digital media and print. A.H. Photography does not offer in-house printing services or tangible products (e.g. mugs, blankets, wood panel prints, etc.) but utilizes highly-reputable sub-contractors to provide products for a savings to The Client. A.H. Photography will accept no liability for loss of product from a sub-contracted business for whatever the cause but will eagerly resolve any issue or problem or supply of products on a best endeavors basis. A.H. Photography will not be liable for delays that are beyond their reasonable control. A.H. Photography shall use reasonable endeavors to meet agreed deadlines where applicable. A.H. Photography shall not be liable for any delays in meeting any of their obligations which were due to causes beyond their reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
A.H. Photography uses cameras and monitors that are color calibrated to industry standards but due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities. It is The Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, A.H. Photography’s sole obligation will be to replace or repair the data, but in no event will A.H. Photography be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
Usage rights, Copyright and Disclaimer
The Client acknowledges that A.H. Photography is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of A.H. Photography without limitation. All specific usage rights to the Image(s) specifically granted by A.H. Photography to The Client will be issued in written form. No commercial publishing/use, of any kind is permitted unless specifically stated. All images are licensed for specific use(s) and are not sold. The Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified in a separate agreement or invoice. The term of license begins from the date A.H. Photography receives full payment of the invoiced amount. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of A.H. Photography. Unless otherwise agreed, A.H. Photography retains the right to use any Image(s) for self-promotion/usage.
Example #1: You send a magazine an image created by a photographer from A.H. Photography, the magazine pays you for the image. You owe A.H. Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from A.H. Photography to a commercial web-site for sale to the public or for other financial gain. You owe A.H. Photography 100% + liquidated damages of any and all income derived from use of that image.
If The Client wishes to own the copyright of images created by The Photographer, an additional fee will be paid by The Client to The Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full. License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement being placed near or on the image, and notification of use is communicated to A.H. Photography. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion and any other use that would be considered as commercial or financially beneficial to the user. The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.