TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Tre’Oshula McCullough trading as Monet Photography. “The clients” shall be those persons defined as ‘model’ on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT
i. The Federal Copyright Act of 1976 assigns the copyright of the images to the photographer.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
ii. Special requests are not binding instructions, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. PAYMENT
i. A non-refundable booking fee of 50% of your total will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Photoshoot payments cannot be used towards a future photoshoot balance.
ii. Payment in full of the remaining balance will be due 8 days before the photoshoot.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remain with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. ON THE DAY
i. The photographer will be the sole professional photographer at the venues specified.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation 10 days from the booking date results in a $20 cancellation fee. If cancellation occurs 8-6 days or less from the booking date, the cancellation fee is $40. If the photoshoot was booked 7 days or less in advance, there is a $60 cancellation fee.
Iii. Photographer will reschedule if suitable, in accordance with their schedule and the client’s schedule.
10. Late Fees
A late fee of $10 will be accessed if the client is 10-15 minutes late. If the client is 15-20 minutes late a $20 late fee will be accessed. The photographer will leave the premises if the client is more than 25 minutes late without reasonable communication from the client and a $40 late fee will be applied. If the client chooses to cancel the photoshoot the day of without rescheduling, a fee of 50% of the remaining balance will be applied in addition to the previous late fees.
If a client reschedules the day of, a $20 rescheduling fee will be applied and late fees if applicable.
11. DELIVERY
i. The photographer will endeavor to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.