Headshot Photography - Terms and conditions
1. Payments. The payment or deposit noted on the order form is required at the time of booking your photography package. Alldeposits/payments are non-refundable unless otherwise stated on the order form, even in the event of shoot date change or cancellation (if applicable) for any reason including acts of God, fire, strike, and or extreme weather.
2. Payments. “Client” agrees to payment schedule outlined in contract. In the event of late payment or NSF cheque, Style + Swoon reserves the right to charge $35 late payment/NSF administration fee. In the event of NSF by “Client”, Style + Swoon reserves the right to request cash payment on remaining fees owed.
3. Coverage. On the noted shoot date, the time coverage noted on the order form commences at the photography start time and first continues in consecutive order until the total coverage time outlined in this contract have been fulfilled. Consecutive coverage continues even in the event of schedule delay and/or uncontrollable factors such as but not limited to acts of God, weather, strike, construction, traffic. In the event that client is late for photo session, Style + Swoon reserves the right to cancel and reschedule shoot date for a later date.
4. Contracted Items. This contract does not include additional items such as photographic enlargements, albums, frames, or any other additional item unless otherwise specified on Addendum A.
5. Contract Modifications. Additions to contract, but not deletions, can be made to contracts in process. Substitutions to contracted services can be made as long as total contract value is equal to, or greater to, the total contract value described in Addendum A. Any changes to this contract must be captured by a contract addendum and signed by both parties.
6. Permits. “Client” takes full responsibility for obtaining any and all required photography permits for any or all locations where photography is to take place on the shoot day.
7. Limit of Liability. The “Client” agrees that Style + Swoon shall not be liable for any personal injury, loss or damage to property occasioned by any act or omission of Style + Swoon personnel. The “client” also acknowledges and agrees that the liability of Style + Swoon, and its photographers, no matter howsoever caused, is limited to the following policy : if Style + Swoon is unable to supply “Client” with any of the photos from any coverage period (full or partial) outlined herein due to circumstances beyond its immediate, direct and reasonable control, including but without limiting the generality of the foregoing, due to technical equipment issue or other lighting malfunction, acts of God, weather, strike, warfare, government laws or regulations, electrical failure then Style + Swoon will give the “Client” a refund or partial refund determined by Style + Swoon for the amount paid for the affected coverage, but in no event to exceed the total amount paid for the services outlined above. In the unlikely event that Style + Swoon is unable to provide the contracted services due to severe emergencies, Style + Swoon will make every effort to secure a replacement photographer who will provide same/similar contracted services as outlined in this contract. If such situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for contract services herein outlined including deposit.
8. Image Rights. Style + Swoon owns all images and image rights recorded by all principle and associate photographers for the photography services herein contracted. Style + Swoon hereby asserts all full copyright against all images recorded by all principle and associate photographers in connection with the photography services herein contracted. The images may not be used by other parties for any commercial purposes without the written permission from Style + Swoon. It is further agreed that Style + Swoon reserves the right to display any photographs made in conjunction with the photography services contracted above as samples of its work for the purposes of website, all social media, showroom exhibit, advertising, publication, instruction and/or professional competition. “Client” can use any of all images for personal use only.
9. Image Delivery. “Client” agrees to accept all image files via digital download link. Style + Swoon reserves the right to charge a $15 administration fee for any files that need to be resent to client after initial delivery has taken place
10. Image Manipulation. Style + Swoon will process all workable image files providing any necessary color correction needed. Furthermore, Style + Swoon will additionally post process images in an artistic fashion as they see fit keeping to the standards of any printed materials, website or the like that have been shown to the “Client” in the process. “Client” and Style + Swoon agree to work in good faith on any requests for additional post processing once image files have finalized. Style + Swoon reserves the right to charge for additional post processing in the event that requests by “Client” for additional post processing exceed a reasonable timeframe as determined by Style + Swoon. If such an event should take place, the rate for additional post processing is $50/per hour.
11. Performance. “Client” agrees that Style + Swoon will take every possible measure to produce photographs as outlined herein and as discussed with “clients” of all important/special events, and/or of special requests by “Client” but guarantee cannot be provided due to uncontrollable factors including but not limited to acts of God, schedule delays, un-cooperative guests, weather, on-site construction, or any other factor outside of the reasonable control of Style + Swoon.
By signing the order form, the noted party on the order form agrees to the terms and conditions of this photography contract.