The Fine Print (ugh!)
Terms and Conditions:
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Josh Power Photography and “the client.” It supersedes all prior and simultaneous agreements between the parties. This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.
2. PAYMENT: Upon signing of agreement, Josh Power Photography will reserve the date and time agreed upon, and will not make other reservations for that date and time. An agreed-upon deposit is due once the quote agreement is signed by the client. This deposit is non-refundable or transferrable. The remaining balance will be due within one week following the event.
If the remaining total balance is not paid within one week following the event, and no other written and signed agreements have been made between the client and Josh Power Photography, a late fee of $250 per week will be charged. Delivery of digital photographs may also be withheld.
To compensate for loss of revenue due to the inability to schedule another event of the given date, the following payment schedule has been put into place. If the event is cancelled within sixty (60) days of the original scheduled date, fifty percent (50%) of the remaining balance will be required. If the event is cancelled within thirty (30) days of the original scheduled date, payment in full to Josh Power Photography will be required.
3. ADDITIONAL COSTS: The client will be responsible for any location and/ or permit fees (if required) on location shoots. Unless prior written and signed agreements have been made, travel and other directly-related expenses, such as, but not limited to mileage, meals, and accommodations, will be reimbursed to Josh Power Photography within a reasonable amount of time. An estimate will be provided in the quote and receipts will be provided following the event.
4. CHANGES: Josh Power Photography should be notified immediately of any changes in scheduling or location, or any changes in contact information. Notification of any changes can be made by phone along with written notice via email for documentation.
5. PROPERTY RELEASE: It is the client’s responsibility to obtain permission to photograph at the designated location described. If applicable, the client will secure and deliver a written Property Release form from the legal owner of the property, or a person or group having full rights to permit commercial photography use for the property no later than two weeks prior to the event. If applicable, failure to deliver a valid Property Release form will negate Josh Power Photography from any stated or implied contractual agreements. Please refer to the attached Property Release form.
This form gives Josh Power Photography the irrevocable right to use a name (or any fictional name), picture, portrait, or photograph in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, promotion, exhibition, or any other lawful purposes, and I waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith.
6. MODEL RELEASE: It is the client’s responsibility to obtain permission to photograph the vendors and sponsors attending the event. If applicable, the client will secure and deliver a written Model Release form from the individual, or a person or group having full rights to permit commercial photography use for the property no later than two weeks prior to the event. If applicable, failure to deliver a valid Model Release form will negate Josh Power Photography from any stated or implied contractual agreements.
7. METHOD OF REMUNERATION: Remuneration payments may be made in cash, check, or money order (payable to Josh Power Photography). The client will be responsible for any costs associated with returned payments. Proof of payment will be provided to the client.
8. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the event date in order to finalize the actual shooting times, locations, and special needs or requests for the event.
9. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Josh Power Photography is not responsible for key individual’s failure to be present or to cooperate during event, nor for missed images due to details of the event not communicated and or revealed to Josh Power Photography.
10. EVENT IMAGES: Josh Power Photography and its respective agents will make every effort to accommodate any reasonable requests. Although every possible care will be taken to produce photographs of all important and special events during the event, Josh Power Photography cannot place an unconditional guarantee on the above. Due to the limited and subjective nature of events and photo shoots, Josh Power Photography cannot be held responsible for requested photographs not taken, missed, or lack of coverage resulting from weather conditions, schedule complications, or ruined photographs caused by, but not limited to, anyone in or at the event, location restrictions, client requests, other flashes, non-cooperation, or any other causes outside of Josh Power Photography’s control. It is hereby acknowledged that any lists submitted are suggestions for the photographer’s consideration and will be used for organizational purposes only and in no way represent photographs that will actually be produced. Any documentation other than this contract such as, but not limited to, correspondence, conversation notes, and lists are not contractually binding, but will be taken into utmost consideration by the photographer.
11. DIGITAL NEGATIVES, PRINTS, AND COPYRIGHTS: Josh Power Photography will retain all original permissions, copyrights, and ownership of all photographs, files, and digital images produced. The client will receive a copy of the digital images from the event and be granted an unrestricted and unlimited promotional license for those images. This provides the client the ability to use, download, reproduce, distribute, and publish any of the final digital images for promotional use, without further permission or compensation, for an unlimited amount of time. Photo credit to Josh Power Photography is appreciated. Any commercial use of photographs is prohibited without prior written consent from Josh Power Photography.
Any and all legal action shall take place in Hampton, Virginia and shall be subject to the laws and ordinances of the state of Virginia.
12. LIMIT OF LIABILITY: Josh Power Photography shall have no responsibility for fire, theft, or other casualty or liability for failure to supply any product or services when prevented by doing so by acts of God, strikes, labor disputes, death, accidents, illness or emergency, equipment malfunction, or any cause beyond the photographer’s reasonable control. In the event of an unforeseen emergency, Josh Power Photography will make every effort to provide a replacement photographer.
In the event of severe weather, including, but not limited to, a blizzard, severe rain storm, hurricane, or other unforeseeable events, Josh Power Photography may make the decision that it is unsafe to travel home, and the travel expenses will be billed to the client.
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Josh Power Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package.
Josh Power Photography takes the utmost care with respect to exposure, transportation, and processing of photographs; including using professional grade equipment. However, in the unlikely event of the client’s photographs being lost, stolen, or destroyed for reasons within or beyond Josh Power Photography’s control, the latter’s liability is limited to the return of all payments received for the event. The limit of liability shall not exceed to contract price stated herein. 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.
13. COMPLETION SCHEDULE: The digital images will be posted to agreed upon websites, as well as delivered to the client, within 2 weeks of the event, unless otherwise agreed upon in writing. All remaining total balances are due to Josh Power Photography within one week following the event, unless otherwise agreed upon in writing. If the remaining total balance is not paid within one week following the event, and no other written and signed agreements have been made between the client and Josh Power Photography, a late fee of $250 per week will be charged. Delivery of digital photographs may also be withheld.
14. CREATIVE LICENSE: Images are edited at the photographer’s discretion and delivered photographs may not include all images shot. The photographer reserves the creative right to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
15. PHOTOGRAPHIC STORAGE: Due to the lack of information about how long CDs, DVDs, and electronic storage devices can hold information, Josh Power Photography recommends that you back up your images on multiple media formats. Josh Power Photography also recommends making multiple copies of the images every year to ensure the images for years to come. Josh Power Photography can not be held responsible for the failure of CDs, DVDs, or electronic storage devices due to mishandling or defect. It is the client’s responsibility to keep several copies of the images in more than one location, and back the images up on another format, such as a hard drive.
Josh Power Photography will store the original files from your event for up to three years after the event, but cannot guarantee any additional storage time.
16. RIGHT OF WITHDRAWAL: Josh Power Photography’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent it’s policies may result in it’s withdrawal. Non-cooperation, changes in location, facilities, or available times; missed appointments, and late payments are examples of contributing factors. Should Josh Power Photography initiate the withdrawal, all fees will be returned, excluding the non-refundable deposit, as well as fair market value for all services already provided. In case of withdrawal, $100 an hour is charged for all photography services already provided and $50 an hour is charged for all other services, consultations, and all driving time, rounded up to the nearest half hour.
17. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
18. PRICE GUARANTEE: The prices listed in this contract are valid for the current event and are not guaranteed for future events.