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Terms and conditions

ENTIRE AGREEMENT

This agreement constitutes an order for portraiture services, including the taking of portrait pictures as agreed to by both parties: Gold and Grit Photography (Photographer) and Contracting Party (Client).

SERVICES PERFORMED BY PHOTOGRAPHER

  • On the day of the session, the photographer will arrive at the contracted starting time, provide photography services throughout the session and conclude services at the agreed on time.
  • The photographer will review all images from the session and edit those that are in keeping with the highest quality and style of the photographer’s work. The Photographer reserves the right to withhold any images not in keeping with her standards. Client can expect a minimum of 30 images in the gallery from the 30 minute session. As an artist, the photographer reserves the right to artistically interpret what she sees and in what ways she chooses to photograph a scene. This may mean that some shots are colour, some are B&W. This is her interpretation and vision as an artist.
  • Your portrait session fee includes a minimum of 30 digital files at high and low resolution delivered via digital download.
  • Gold and Grit Photography do offer prints and albums, however they are individually priced depending on your needs. If you are interested, please enquire for pricing.
  • You will receive your images within a week from the shoot.

TERMS AND CONDITIONS

RETAINER & PAYMENT

This contract between the Photographer and the Client shall not become effective until it is accepted and the session fee paid in full. At the time the contract takes effect, the Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels the contract for any reason, all monies paid shall be retained by the Photographer in order to offset its loss of business.

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.

COPYRIGHT AND REPRODUCTIONS

The copyright of photographs is re-assigned to the Photographer. Client has permission from Photographer(s) to reproduce any of the 15 selected images from the online in what sizes they desire with what lab they choose under the following conditions: the images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.

MODEL RELEASE

The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for advertising purposes, to alter the photographs without restriction; and to copyright the images. The Clients grants the Photographer to use, with written consent from the Clients at each instance, consent to use the photographs of the Clients for editorial and competition purposes. The Clients does not grant the Photographer to re-sell the images to a third party for any purpose. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

LIMITATIONS

If the Photographer cannot perform this Agreement in whole or in part, due to a fire or other casualty, acts of God, nature or terror, or other cause beyond the control of the parties, then Gold and Grit Photography will return all fees (less retainer) to the Client(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. Whilst every attempt is made to meet the Client(s) requests, no guarantee can be made in relation to the overall result. 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.

MISCELLANEOUS

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.