Terms of Service

Terms & Conditions

AGREEMENT: This agreement between the undersigned photographer (hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment. 

ESTIMATES: The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. 

DEFINITIONS: “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard, or website. “Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, pamphlet, poster or website, and who the audience is employees, customers, shareholders, or the general public. “Photograph’s” are images created as a part of the project as agreed to by Photographer and Client. 

PAYMENT: Client shall make payment within 30 days of invoice. Late payments will be billed a $20.00/month handling fee and 1.5% a month interest. Advance payment may be required prior to the shoot. Please make checks payable to Photographer. Accepts Venmo, Cashapp and Zelle.

NON-REFUNDABLE DEPOSIT: The Photographer won’t book the Client until a deposit has been paid. The purpose of the deposit is to lock in the Client’s date and time. The deposit goes toward the full total. See CANCELLATIONS, POSTPONEMENTS. 

COPYRIGHT: All of the Photographs created by the Photographer (both moving and still) and their copyright are the sole and exclusive property of the Photographer. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a Joint Work. 

ADDITIONAL USAGE: If the Client wishes to make any additional uses of the photographs not covered in the initial agreement, the Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon. 

CREATIVE: Photographer has the right to create along the lines of the creative deck in which Client approved. If Client makes creative subject claims after receiving the deliverables, no refunds can be issued for subjectivity.

CANCELLATIONS, POSTPONEMENTS: In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors book for the job. 

CLIENT REPRESENTATION: The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a client representative is not present, the Photographer’s interpretation shall be deemed acceptable. 

INDEMNIFICATION: Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney's fees, arising from Photographer’s negligence. 

AUTHORSHIP CREDIT: A credit in the name of the Photographer shall accompany the Photographs whenever practical. 

TEAR SHEETS: Client will provide Photographer with a printed copy or PDF of any publication where the Photographs appear. 

TURN AROUND TIME: Normal schedule for a web photo gallery is 1 week after the completion of the shoot. Normal schedule for processed files is 48 hours from time of order plus any time necessary for retouching. There will be a 50% additional charge for 24-hour service, and 100% additional charge for same day service, plus retouching time. 

RETOUCHING: Any additional retouching requested by the Client will be quoted on a case-by-case basis. 

EXPIRATION: Estimates are valid for 30 days unless signed by both parties.