TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean JEB Partners, LLC doing business as Forever Memories Photography. “The clients” shall be those who have solicited the photography services of the photographer. These terms & conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT
i. The Copyright Act of 1976, which provides the basic framework for the current copyright law in the United States, assigns the copyright of all images to the photographer.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the session or event will be at the discretion of the photographer, although every effort will be made to comply with the clients requirements and request.
ii. 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 an the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. 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
i. A non-refundable booking fee 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 session and package when calculating the final balance due.
ii. For weddings payment in full of the remaining balance will be due two weeks before the wedding day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. 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.
ii. 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 date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer.
ii. Packages purchased that include a copy of the edited digital negatives allow the client(s) to use such images for their own personal non-commercial use.
iii. Commercial projects in which a copy of the edited digital negatives are purchased will be bound by the usage terms agreed upon by the photographer and the client(s) before the start of the session.
iv. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers 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
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. Except for when specifically requested or necessary for the completion of the hired job, the photographer will not take photos during scheduled meals and will use this time to take a short break. A meal is not a requirement, however one would be greatly appreciated.
iii. The photographer will stay for the agreed upon time frame when the session was schedule. Any photography following this time will be at the discretion of the photographer and may incur additional fees that will be due one week following the session.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks before the scheduled session, wedding or event etc., the non refundable booking fee will serve as the cancellation fee.
iii. Cancellation with less than two weeks before the scheduled session, wedding or event etc., full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
10. DELIVERY
i. The photographer will endeavor to deliver the agreed upon final product whether that be digital negative files or printed products as quickly as possible. However this could take up to 4-6 weeks during busy periods.
11. 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.