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Photographic Services | Terms and Conditions
1. COPYRIGHT & OWNERSHIP The Copyright Act of 1976 assigns the copyright ownership of the images to the photographer. The copyright of all photographic content (photos, photo goods) delivered to the client still remains the photographer’s possession. Copyright shall be defined as the holder of intellectual property of the photographs only. Intellectual property (“IP”) of any client(s) shall remain the possession of the client, or respective ownership property. The client hereby agrees to allow the photographer to document the client(s) owned IP, and distribute it as defined by the client. Multiple ownership of the content delivered is addressed to the client, for all photo(s) and photographic goods. Ownership refers to the ability of the owner(s) defined to publish, distribute and promote the defined photographic material. Multiple ownership can be addressed to any individual or group defined in the Quote, as specified by the quote. Although ownership may be addressed to the client, altering the delivered content (photos, photo goods) is not permitted. Such alterations include, but are not limited to: Color, Exposure, Photographic Proportions (not scaling), Photographic Alterations (Photoshop). The client may add IP to photos as part of branding or marketing, but the addition of IP may not alter the original, delivered attributes of the photographic content. 2. DISPLAY The client(s) hereby allow(s) the photographer to display any photographs covered by this contract, and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. The photographer reserves the right to watermark any and all images, unless previous arrangements and/or payments are made. The photographer may remove the watermark, or or add the watermark to photos, as agreed upon by both parties. The photographer may add a watermark to any photo(s) published externally (not given to the client), at any time and at their own discretion. All persons in the photos hereby consent to a model release governed by these terms & conditions. Such a release permits the photographer to distribute photos of the individuals depicted, for public and commercial use. An additional set of terms & conditions governing the specific photographing of models, and are so titled “Model Release Terms & Conditions” and are available on the photographer’s website, and at the client’s request. All clients hereby agree to display photos throughout their methods of distributions, only as delivered to them, and not altered. Such alterations include, but are not limited to: Color, Exposure, Photographic Proportions (not scaling), Photographic Alterations (Photoshop). The client may add IP to photos as part of branding or marketing, but the addition of IP may not alter the original, delivered attributes of the photographic content. 3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION Photographs taken during the course of the event / session will be at the discretion of the photographer although every effort will be made to comply with the clients requests. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer(s) will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects. For an event involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the maître d’ / official in charge. The area from which the photographer is able to cover the event may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 4. PAYMENT A non-refundable booking fee, of 10% for weddings or 20% for photo and engagement sessions, will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due two weeks before the wedding day for weddings, or upon delivery of the photos for photo or engagement sessions, unless otherwise specified. Additional goods ordered must be paid for in full at the time of ordering, unless specified by a payment plan. Titles to all goods remains with the photographer until paid for in full by the client(s). Payment plans are available for any customer, but MUST be requested on or before the due date of the first payment (usually the booking fee due date). Any notes describing payment plans will be added to the section so titled, “Specific Photographer - Client Agreements.” This segment is at the end of the Terms & Conditions. Failure to request a payment plan option, and/or paying the required booking fee may result in a cancellation of the specified booking session. 5. FORCE MAJEURE In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding, engagement or session. Such cancellations may be due to causes beyond the photographer’s reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. 6. DIGITAL NEGATIVE FILES All digital negatives (computer files) remain the property of the photographer. All digital wedding or photo session packages include a copy of the edited, digital negatives to the client(s) for their own non-commercial use. Any commercial use by the clients, unless otherwise outlined, specified and approved, will result in actionable consequences, so specified in section 15, so titled, “Section 15: Arbitration.” Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received. 7. ON THE DAY The photographer will be the sole professional (still) photographer at the venues / events unless otherwise specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day. Any direction by the photographer to require that other camera users leave a specified area MUST be adhered to, for the purpose of ability to capture professional photos. For Weddings Only: The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal at regular meal times during the event is not a requirement, however one would be greatly appreciated. For Weddings or Family Functions: The photographer strongly recommends that any and all family conflicts be disclosed prior to the outlined services, so as to assist the photographer in respectfully performing the services outlined. 8. PERSONAL ACCIDENT Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 9. CANCELLATION FEES If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation with the following specifications, unless otherwise specified: Cancellation from the booking date and more than two weeks BEFORE the wedding, or one week BEFORE the scheduled photo or engagement session, 50% of the remaining session price, or the remainder of the session price, whichever is greater. Cancellation with less than two weeks BEFORE the wedding date or less than one week BEFORE the scheduled photo or engagement session, full remaining price for the complete photographic coverage booked. 10. DELIVERY The photographer will endeavor to deliver digital negative files as quickly as possible, usually by the Estimated Delivery Date (EDD) listed above. Edited photos may have a different delivery date as compared to photo goods. If this is the case, the EDD will reflect the Estimated Delivery Date for individual items. If the photographer is unable to deliver photo(s) or photo goods by the EDD, the photographer may issue a partial refund, not to exceed 10% (TEN PERCENT) of the listed price for the late items. For Weddings & Engagement Sessions Only: Photo delivery may take up to 4-8 weeks during busy periods for Weddings. Photo delivery may take up to 2-4 weeks during busy periods for engagement sessions. 11. INFORMATION SAFETY & SECURITY The photographer will endeavor to ensure that all customer information is safely, privately and securely stored. All information regarding the selected services, client information and photographer information is of the utmost concern. The photographer will ensure that information safety and security is a top priority, and will ensure that every available step is taken to safeguard the information. All digital negative files will be securely stored to the best of the photographer’s ability, on the photographer’s website: “www.michaeltollestrup.com” (“The Website”). Should digital negative files, or edited digital files be lost, BEFORE delivery of content, and AFTER payment of services, the photographer will supply a full refund of the specified photography services. 12. GENERAL SAFETY & SECURITY If a photography service is conducted on location (park, hotel, wedding venue etc.), the photographer will endeavor to ensure all necessary parties have been notified of photography services, and if necessary will ensure all necessary approvals have been given. If a photography service is conducted on location (park, hotel, wedding venue etc.), the photographer will endeavor to ensure all necessary permits have been filed for and have been approved. The photographer will also ensure that if such permits have been approved, that a copy is made available during the photography services, and is also made available to the client. 13. COVID-19 SAFETY & SECURITY DISCLOSURE: Covid-19 (Sometimes “Covid”) refers to the disease spread by the Coronavirus pathogen. The disease is spread by mostly airborne transmission. Masks and social distancing are thought help to limit the spread, and both are recommended by the CDC. Vaccines for preventing Covid-19 are available for everyone ages 5+. Vaccines are strongly recommended by the CDC. Every possible step will be taken by the photographer and the client to ensure a Covid-19-Free workplace and environment, to the best of their ability. Michael Tollestrup, “The Photographer” is fully vaccinated, and can show proof of vaccination upon request. The following procedures should be observed, and certain resources will be provided upon request. Masks will be worn at the discretion of both parties, but are recommended for indoor locations, unless vaccinated. FDA Approved hand sanitizer will be made available during consultations, services or delivery ONLY upon request. Social distancing is recommended, and should be observed by all parties, unless vaccinated. If any member of either party is feeling unwell, has tested positive for Covid-19 within the past two weeks, or presents symptoms that may be signs of Covid-19 within the past two weeks, that individual should not participate and should not be on site. 14. HARASSMENT DISCLOSURE: Harassment is defined as any inappropriate threatening, hostile, or offensive behavior from any clients, guests or other person at the photographic session or consultation. Should any harassment be experienced, the photographer will notify specific parties (venue management, bride/groom, client etc), ask the individual in question to leave if it continues, and leave on the third offense. If such an exit is to occur due to harassment, no refunds shall be made available, unless such an issue was not the fault of the client, or bride/groom. Refunds may be partial or whole in amount, and will be issued only at the discretion of the photographer. 15. ARBITRATION Any controversy, claim or breach of any item listed in the Terms & Conditions, may be settled by arbitration. Such arbitration will administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and will be administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office, or closet to the client and at the claimant’s discretion. The arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the services or products regarding the controversy in dispute. SPECIFIC PHOTOGRAPHER - CLIENT AGREEMENTS ////////// For the purposes of disclosure, this section is currently left blank, for the photographic services outlined above. AGREEMENT OF THE TERMS By signing below, both parties agree to uphold, abide by and agree to the terms listed above. Any failure, by either party so signed below, to follow a measure of the terms will result in actionable consequences in accordance with the above listed protocols. Revisions to the Terms & Conditions for the services outlined above can be made as necessary: by either the client or the photographer. Such revisions are only applicable once proper notice has been given, and both parties have accepted the proposed revisions. Such revisions are also applicable as required by law, and with proper notice. Proper notice is defined as two (2) weeks.