Terms & Conditions

A.H. Photography Terms and Conditions

Publication Date: February 10, 2014

Updated: July 31, 2016

ALL ASSIGNMENTS AND LICENSES ARE SUBJECT TO THE FOLLOWING AGREEMENT TERMS AND CONDITIONS

Definitions
“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.

Website
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.

Charges for Other Service
Charges for any additional services over and above the estimated design, will become fully payable (100% of the invoiced amount) at the time of estimate or quotation acceptance.

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).

Payments^* – Payments may be made by cash, major credit card (via SquareCash, Google Wallet, PayPal), money order, electronic funds transfer (MoneyGram/Western Union/MoneyPak/GreenDot) or business check^†.

^*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.

Kill fee – Provided that A.H. Photography has executed the photography assignment in a professional and competent manner, The Client agrees to pay A.H. Photography all fees and expenses in connection with said assignment, whether or not The Client uses any Image(s).

Tardiness/Late Fees – Any time after ten (10) minutes of the agreed upon assignment starting time is considered tardy/late. A fee of Five Dollars ($5 USD) will be charged per five (5) minutes after the allotted ten (10) minutes for tardiness. Clients more than twenty (20) minutes late may have their assignment shortened to their original ending time or canceled for “no-show” and cancellation/postponement fees and guidelines will apply. At times, an overrun cannot be granted due to tight scheduling and the assignment will end at the stated time or postponed if The Client does not feel the assignment and results can be achieved within a reasonable time frame.

Cancellation – Cancellation of services may be made initially by telephone contact, however, following this, A.H. Photography will need formal notification in writing to A.H. Photography’s email address. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of invoicing. The balance of monies due must be paid within fifteen (15) calendar days from date of cancellation. Please note: any cancellation which is not formally confirmed in writing and received by A.H. Photography within three (3) days of such instruction being issued, will be liable for the full quoted cost of the project.

Cancellation Fees:

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.

Overruns – A.H. Photography may make additional charges should an assignment overrun which is beyond the control of The Photographer (including but not limited to, The Client requesting additional photographs over and above The Client’s original invoice etc). If the work cannot be completed within the agreed amount of time, A.H. Photography or their agent and The Client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work. In the event that a shoot extends beyond eight (8) consecutive hours, A.H. Photography can charge overtime for crew members at one-and-one-half their hourly rate or fee.

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.

Default
An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned check. A.H. Photography shall be considered entitled to remove A.H. Photography and/or The Client’s material from any and all computer systems, until the amount due (including any additional fees) has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve The Client of its obligation to pay the due amount. Clients whose accounts become default agree to pay A.H. Photography reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

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.

Booking – The Photographer may be booked by the Day (eight (8) hours), Half-Day (four (4) hours), or by the Hour. The minimum hourly booking is two (2) hours unless otherwise noted. Travel Time: Travel time is computed at Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes out of the stationed residing county of The Photographer.
Re-Shoots – The Client is responsible for having its authorized representative present during all “shooting” phases of the Assignment to approve A.H. Photography’s interpretation of the Assignment. If no representative is present, A.H. Photography’s interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by The Client’s representatives. If The Client requires a re-shoot, The Client will pay The Photographer an additional fee outside of the full payment stated in the quote/invoice of the original shoot/plus all expenses for the re-shoot. If a re-shoot is required due to factors beyond the control of The Photographer, including, but not limited to, weather conditions, acts of God or the fault of a third party, The Photographer will not charge an additional fee, but The Client agrees to pay all expenses for the re-shoot.
Releases – No model or property release exists for any Image(s) unless A.H. Photography submits a separate written model or property release to The Client.

Conduct
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.

Completion
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.

Delivery

Failure to perform – If A.H. Photography is unable to supply photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then A.H. Photography will attempt to procure the services of another professional photographer to fulfill the obligations. If that does not succeed, A.H. Photography will return any fees paid by The Client within ten (10) business days and will have no further liability with respect to these terms, and A.H. Photography will not be responsible or liable for any other damages beyond this amount. This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of A.H. Photography

Photographic integrity and alterations – The Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of A.H. Photography. Normal reproduction adjustments for color, contrast, brightness, sharpness and cropping are permitted. Any alteration or modification of the Image(s) will not constitute a work of joint authorship.

Digital file quality – The Photographer is committed to providing high quality services. Unless otherwise specified, The Photographer may deliver, and The Client agrees to accept, the Image(s) encoded in an industry-standard data format that A.H. Photography may select, at a resolution that A.H. Photography determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

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.

Copyright – In accordance with the United States Copyright Laws, the copyright of all images created by The Photographer is owned by The Photographer. A.H. Photography retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless The Photographer gives written authorization, The Client is forbidden by law to copy any images created by The Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by The Photographer, shall only be carried out by The Photographer unless otherwise authorized in written form. The license to reproduce such images is granted to The Client under the understanding that all invoices are paid within The Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.

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.

Right to Sub-Contract – Unless otherwise agreed, A.H. Photography reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. A.H. Photography will not knowingly perform any actions to contravene these and The Client also agrees to be so bound. A.H. Photography and its Clients agree to comply with printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. A.H. Photography recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Force Majeure – A.H. Photography will not be liable to The Client for any loss or damage suffered by The Client as a direct result of A.H. Photography, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance. The risk of loss or damage to the goods shall pass to The Client upon delivery of the goods/services.

Archiving digital files – While A.H. Photography may choose to archive the Image(s), it is The Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. A.H. Photography cannot guarantee the availability of any Image(s) beyond the date of first delivery to The Client. The Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. The Client hereby releases A.H. Photography and its sub-contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by A.H. Photography becoming unusable. All digital files created by, or on behalf of, The Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.

Disclaimer/Limitation of Liability – A.H. Photography makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. A.H. Photography will not be held responsible for any and all damages resulting from products and/or services it supplies. A.H. Photography is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold A.H. Photography responsible for any such loss or damage. A.H. Photography shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the goods. Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents. The Client shall fully indemnify A.H. Photography against any liability to third parties arising out of The Client’s use of the goods, including reasonable legal fees and expenses, arising from Client’s use of the Image(s). A.H. Photography is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in an agreement. It is The Client’s responsibility to obtain the necessary permissions for any Image use(s) that require a release. It is The Client’s responsibility to determine whether any releases delivered by A.H. Photography are suitable for The Client’s purposes. Any claim/liability against A.H. Photography shall be limited to the total amount under the invoiced amount paid by The Client in the year in which the event of default arises.