1. EVENT BOOKING, CANCELLATION, DEPOSIT AND BALANCE PAYMENT.
A signed agreement and 50% retainer fee are required to reserve the dates and times of the EVENT(S). The balance is due prior to or the day of the EVENT, after the EVENT is finished. If the EVENT(S) are rescheduled, postponed, or cancelled by the CLIENT within 48 hours before the agreed date of the EVENT(S), or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY (Marie-Catherine Photography). The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation, like props or equipment rentals or any other expense agreed upon.
2. SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT and payable at the end of the EVENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 60 miles roundtrip of travel are included. All miles in excess of 60 miles roundtrip, a time and gas estimate will be given to the CLIENT for approval ahead of of the EVENT.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
3. PERMITS & PARKING FEES.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services. The CLIENT is responsible for all parking fees, including parking fees for COMPANY.
4. FILM and COPYRIGHTS:
The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Image DVD” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
5. MODEL RELEASE:
The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial and self-promotion use in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
6. LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
7. CAPTURE AND DELIVERY:
The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
8. POST PRODUCTION, EDITING & INHERENT QUALITIES:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. The CLIENT is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the CLIENT releases the COMPANY from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
9. PAYMENT SCHEDULE:
The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $50 non-sufficient funds fee.
The charges in this Agreement are based on the COMPANY’s Standard Price List. All prices are subject to change at any time without notice. All orders, including future orders shall be charged at the prices in effect at the time when the order is placed. This price list shall be fully displayed in your gallery shopping cart. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
11. DELIVERY POLICY & TURNAROUND TIMES.
All orders shall be shipped by FedEx, UPS or courier to the shipping address indicated by the client on his/her shopping cart. Delivery times are as follows:
12. RETURN & REFUNDS POLICY.
ALL SALES ARE FINAL. Because all of our photographic products are custom and made to order, once a transaction has been completed (i.e. the CLIENT selected their photographic products and paid for them, the products are then considered non-returnable and non-refundable. If the CLIENT has selected an incorrect photo, the CLIENT must notify the COMPANY by email at firstname.lastname@example.org WITHIN 24 HOURS of order placement. Orders cannot be changed after 24 hours. However if any mistakes are made by the COMPANY and the wrong picture is delivered or if there are any defects in the making of the CLIENT’s products, these products will be replaced.
All deliveries that have been damaged in transit must immediately be reported by CLIENT to the shipper or courier. All damaged deliveries whether signed for or not must be reported to us within 24 hours of receipt.
The COMPANY will provide a pleasing colour balance but cannot guarantee exact colour matching as it is sometimes impossible to record on film (or its digital equivalent) the exact colour of materials as seen by the human eye. All efforts will be made to ensure colour accuracy and therefore colour matching will be deemed correct at our discretion.
We are committed to the privacy and security of our visitors’ information. The following is a statement of our privacy practices:
Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
COMPANY relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that we, COMPANY, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This web site takes every precaution to protect our visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
We do everything in our power to protect user-information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If visitors have any questions about the security on COMPANY, feel free to contact us.
NOTIFICATION OF CHANGES:
If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.
This contract shall be interpreted in accordance with the laws of the State of California without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this Contract shall be resolved or adjudicated in the city of Malibu in the State of California.
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 California.