Terms & Conditions
1. ENTIRE AGREEMENT:
This agreement contains the entire understanding between AGH Design & Media ltd who will henceforth in this contract be referred to as AGH PHOTOGRAPHY and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties. This document is to be viewed in conjunction with the PHOTOGRAPHY SERVICES AGREEMENT.
Upon your signature, AGH PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit is non-refundable, even if the date is changed or the event cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted photography package. THE CLIENT understands and agrees that the entire amount owed for the Photography package described in the contract is due to receive the final images.
3. SHOOT GUIDE:
THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people/guests if there is no one to assist in identifying or gathering people for the photograph(s).
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. AGH PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to AGH PHOTOGRAPHY.
5. SHOOTING TIME / ADDITIONS:
The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and AGH PHOTOGRAPHY agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the shoot start late due to any reason whatsoever, AGH PHOTOGRAPHY will not be held liable for any photographs not taken.
6. HOUSE RULES / LAWS:
The photographer is limited by the guidelines of the location or the reception venue management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; AGH PHOTOGRAPHY will offer technical recommendations only. Locations requiring permits from local authorities will be the responsibility of THE CLIENT.
7. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS:
The photographs, digital negatives or prints produced by AGH PHOTOGRAPHY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without AGH PHOTOGRAPHY’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
The images are the property of THE CLIENT for private use and for the purposes of the reproduction and distribution of photographs to colleagues and clients.
THE CLIENT must obtain written permission from, and compensate AGH PHOTOGRAPHY prior to an event where THE CLIENT, or anyone representing THE CLIENT’S publish or sell the photographs for profit.
THE CLIENT may NOT attempt to re-edit ANY of the images provided by AGH PHOTOGRAPHY.
8. PHOTO RELEASE:
THE CLIENT hereby assigns and grants AGH PHOTOGRAPHY and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included for advertising. THE CLIENT hereby releases AGH PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that AGH PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion by AGH PHOTOGRAPHY.
9. GUEST COOPERATION:
THE CLIENT is responsible for the conduct of their guests that accompany them on the shoot. AGH PHOTOGRAPHY will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
10. COMPLETION SCHEDULE & FINAL DELIVERY:
Once the shoot has completed, THE CLIENT will be required to pay the remainder of the outstanding balance before receiving the final images. (The quantity of images will be as agreed upon in the services agreement). Image editing can take up to 7 days depending on availability. AGH PHOTOGRAPHY will edit the images and send these to THE CLIENT via Dropbox. The images will remain on Dropbox for 12 months and can be retrieved if THE CLIENT loses the download link.
THE CLIENT agrees that a non-refundable deposit is required at the time of contract. THE CLIENT will only receive the photographs once all payments have been made.
12. METHOD OF REMUNERATION:
Payment shall be deposited into the bank account as shown on the invoice.
Proof of payment is to be emailed to email@example.com
PAYPAL PAYMENTS & CHEQUES ARE NOT ACCEPTED
13. RIGHT OF WITHDRAWAL:
AGH PHOTOGRAPHY’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non- cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should AGH PHOTOGRAPHY initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided.
14. LIMIT OF LIABILITY:
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. AGH PHOTOGRAPHY will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a 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 package. AGH PHOTOGRAPHY takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond AGH PHOTOGRAPHY’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the 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.
The performance of this contract on behalf AGH PHOTOGRAPHY shall becontingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
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.
This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and AGH PHOTOGRAPHY at the time of acceptance of this contract shall be recognized as amendments to this contract.