This Services Contract regarding Provision of Professional Photography Services is between Meaghan Kent Photography and the client.
Although the photographer shall take due care to perform photography services pursuant to this agreement, the photographer liability for any loss, damage or failure to deliver pictures (including for Acts of God, terrorism, accident, illness, equipment failure, or any incident of unpredictable misfortune) shall be limited to the payments made pursuant to this agreement.
The photographer will not be liable for missed photos due to time constraints for photographic opportunities during the events covered by this agreement. The photographer is not to be held negligent for missed photographs or photos not taken. The number of photographs delivered are an estimate and not to be considered as a guarantee. Specific photographs or poses are not guaranteed. The photographer cannot control the number of attendees, the activities planned, the schedule of the day, nor the weather. As such, any one unexpected circumstance can drastically change the potential outcome.
The client grants the photographer and the photographer assignees and transferees, the irrevocable right and permission to use photographs of the client in all manners without restriction as to changes or alterations for advertising, trade, promotion, exhibition, or any other lawful purpose. The client waives any right to inspect or approve the photographs for such uses. The client waives any right to compensation arising from or related to the use of the photographs. This agreement shall be binding to client, their heirs, legal representatives and assignees.
The photographer will deliver two digital sets of final images. One set of images will be a complete set of the final images chosen for delivery to the client in full resolution and optimized for printing at any professional photography printer. The second set of images will be the same complete set of final images chosen for delivery to the client in a smaller resolution and optimized for web display with the studio logo to ensure international copyright is being maintained.
The shots’ original files, also called raw-files, are to be considered as property of their author, the photographer, and will remain within the photography studio and not be delivered. If the client wishes to receive the raw files of the selected and delivered photos, they can be purchased at $2.00 CAD per file. All images received are in their final edited state. Any color, or black and white, conversions of images are permanent and no other versions exist. All images delivered are the final images; any other images not delivered were not deemed deliverable by studio standards and therefore permanently deleted from the collection. It is the sole discretion of the studio to set the standards by which an image is deemed deliverable. All decisions related to artistic intent: color treatment, cropping, framing, final edit, etc. are final.
The photographer guarantees that images delivered will be edited in accordance with professional photographic standards using the latest digital technology to enhance images. In accordance with a strict code of ethics as photojournalists, the editing to each image will be minimal and natural. Basic blemish removal, color correction, exposure compensation, black and white conversions and other toning processes are common editing tasks performed on all images. Correcting sunburns, swapping heads, or altering a photo in such a way that it no longer reflects the actual moment captured is not in accordance with our code of ethics and will only be performed on a case by case basis at the discretion of the photographer and for an additional fee of $150 CAD per hour.
The photographer retains full copyright to all images provided, per International Copyright Law. All photographs created by the photographer are copyright protected. It is a violation of International Copyright Law to allow for commercial or editorial purposes, the photographs the photographer has created to be reprinted, duplicated, digitally reproduced, copied, scanned, distributed or altered (digitally or otherwise), without the Photographer’s express written permission.
Outdoor shoots will be rescheduled at the convenience of the photographer due to inclement weather. The photographer will make the decision on rescheduling the event the day of the event with at least two hours notice. Deposits will be used toward the rescheduled shoot.
If the client cancels this contract or does not show up to their scheduled shoot, the client forfeits their deposit. All deposits are non-refundable.
Clients who are late to their photo shoot by more than 30 minutes will have their photo shoot cancelled and not rescheduled. The client’s deposit will not be refunded.
In order to complete the booking, the client must send a deposit of 50% of the total booking to the photographer via Electronic Money Transfer (EMT) to firstname.lastname@example.org.