1. Photographer’s Duties: The Photographer shall provide the services selected in the Photography Agreement. All photographs shall be delivered via CD, thumb-drive, online gallery, or other similar medium as determined by Photographer on or before the Photo Delivery Date. Regardless of delivery method, Photographer shall not retain and make images available longer than one hundred and twenty (120) days after Photo Delivery Date.
2. Payment for Services. The total fee for Photographer’s services is expressed below. Upon the parties’ signatures, Photographer will reserve the date and time agreed upon and will not make other reservations for that date and time; and Client will tender the total amount due. If the date is cancelled for any reason, the Reservation Deposit will not be returned or refunded. The Reservation Deposit is applied toward the Total Cost and may be credited to a rescheduled event. PAYMENT BY CREDIT OR DEBIT CARD, PAY PAL, CASH OR CHECK ONLY. Checks shall be made payable to “Ashley Wittmer Photography, LLC.” A $50.00 fee will be charged for all returned checks.
3. Desired Pictures. The Client is responsible for identifying people/objects of whom/which specific photographs are desired, as well as to make certain that these people/objects are available when needed. This is a stylized holiday shoot and will include props and a general "set up" that goes with the theme. Photographer does not guarantee particular poses or outcomes.
4. Creative License. Initial editing shall be included in the Total Cost and in consultation with the Client. Subsequent requests to re-edit images shall be at a rate of $25.00 per photograph. Delivered files may not include all photographs captured. The Photographer reserves the creative right to edit and release only those images deemed professional in quality and within the Photographer’s artistic standards.
5. Copyright. The copyright of the digital photographs remains with the Photographer. The digital photographs may not be reproduced, copied, transmitted or manipulated by the Client, or any other person, without the prior written consent of the Photographer. Notwithstanding the prior sentence, photographs may be used for newspaper announcements, provided proper credit is given in the form of: “© Ashley Wittmer Photography, LLC.” Further, Client agrees to use the photography solely for personal uses; and will not use or permit others to use the photography for profit, business, advertising, marketing or other commercial or business purposes, whether in print or electronically, without the prior written consent of Photographer. The Client grants the Photographer the right to use any and all photographs for professional samples, displays, websites, advertising, exhibitions, competitions, and any other lawful purpose.
6. Limitation of Liability + Disclaimer of Warranties. While the Photographer takes the utmost care with respect to exposure, processing and delivery of photographs, in the event that the images become lost, stolen or destroyed, for reasons within or beyond the control of the Photographer, any and all liability of Photographer, its owners, employees, agents and independent contractors, is limited to the amounts paid to Photographer by Client. Photographer will not be responsible for unsatisfactory photographs due to any cause in or outside of Photographer’s control. ALL PRODUCTS AND SERVICES HEREUNDER BY PHOTOGRAPHER ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. PHOTOGRAPHER DISCLAIMS AND CLIENT HEREBY WAIVES ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE. PHOTOGRAPHER MAKES NO WARRANTY THAT (A) PHOTOGRAPHER’S SERVICES WILL MEET CLIENT’S REQUIREMENTS, (B) PHOTOGRAPHER’S SERVICES WILL BE ERROR-FREE, AND (C) THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET CLIENT’S EXPECTATIONS.
7. Photographer Unavailable. In the event that Photographer is unable to photograph the Event, except as described in Paragraph 6, due to illness, emergency, accident, or an act of God, the payments made to Photographer will be refunded in full, and return of the payments shall be the sole and entire obligation of Photographer. No other damages or refunds of any kind are recognized or collectible.
8. Rescheduling the Event. In the event that Client cannont attend the Event, Photographer will reschedule the subject to Photographer’s availability. In the event that the Client cancels the Event without rescheduling, Client will forfeit all monies paid up to the date Client notifies Photographer that the Event is cancelled. Cancellation must be provided in writing at least 48-hours in advance of the Event.
Our raindate for this event is Sunday, November 20th.
Online image gallery access is limited to ninety (90) days from the Photo Delivery Date. Photographer shall make images available for an additional thirty (30) days after the ninety (90) day period has expired, if requested by client, for no fee.
By signing below, the parties agree to be bound by the above provisions and the Terms and Conditions attached hereto.