TERMS & CONDITIONS AGREEMENT
Definitions
The Photographer: Photography by Charmaine Brown
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The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Photography by Charmaine Brown (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Photography by Charmaine Brown’s logo, watermark, or proof stamp.
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The Offer: The price includes a one hour photo shoot, at your home or a studio in the Croydon area. You will get 5 digital images at 8x10" size, downloadable from the website Shootproof, all for £199. THIS OFFER DOES NOT INCLUDE FAMILY PORTRAITS OR PORTRAITS. This offer is to uplift women in conjunction with International Women's Day and a gift to your mother to get styling advice and have either headshots done or a single portrait. If you require a Portrait or Family Portrait done outside of this promotion, then please head to those pages on this website.
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Sitting Fee: Price including all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, reconfiguring lighting for shoot, sanitising props that may be used with newborns and children, and so on). During Shoot: Session fee for newborns always includes a block of 3 hours for the shoot. Standard Sessions in studio up to 2 hours, Standard Sessions on-location includes travel time. Post-Production: Each photo takes approximated 20-30 minutes in post processing. Every full session includes 20-50 edited proofs, Mini-Sessions include 10-15. This also includes time spent setting up Client’s online gallery and personalised shop. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).
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Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, sub licensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
Sole Photographer During Session
During your photography session with Photography by Charmaine Brown, the Photographer will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc, and must be informed of this rule. If photos are taken with cell phones or personal cameras, those will be the only photos available to you from the session. The session may still continue, but all photos taken by Photographer will not be processed and turned over to client. Photographer will still hold the rights to use photos in portfolio or advertisements.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Photography by Charmaine Brown is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Photography by Charmaine Brown has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Photography by Charmaine Brown’s Facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.
Proofs and Ordering
Your portraits will be available on Photography by Charmaine Brown’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 4 to 6 six weeks after the date of the session. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of £40 will be incurred. Upon receipt of payment your gallery will be live for 14 days.
Edits
You are allowed one free re-edit after I have sent you your photos for approval. Any further edits will require a payment of £125. Photography by Charmaine Brown reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Photography by Charmaine Brown’s standards. The photographer enhances photos via corrections to contrast, lighting, and colour, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. Photography by Charmaine Brown does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be £20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair colour, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have grey hair, facial hair, etc in final photos. Once again, edits are solely made by Photography by Charmaine Brown, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Copyright and Reproductions
Photography by Charmaine Brown (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Payment
Payment is required in full before your booking is confirmed. You will be sent an invoice to for the full amount with clear payment requirements. Once the payment is received, you will be sent a contract that must be signed.
Client’s Usage
The client must not use the images for any commercial use outside of social media/Linkedin without written permission from the Photographer. The client cannot send images onto media outlets or any other publication without prior permission from the Photographer, as this constitutes breaking licensing laws and a usage payment is permitted to the Photographer.
Inherent Qualities
Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to commercial print shops e.g. Snappy Snaps, etc. It is to be noted that the Photographer suggests printing from professional printing labs such as nPhoto, Digitalab in order to receive highest quality prints.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Portrait Care
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Safety
Photography by Charmaine Brown reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Photography by Charmaine Brown experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
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.
Miscellaneous
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of New York.