TERMS AND CONDITIONS:
This is a legally binding contract between Fibelkorn Photography and the client. It supersedes all previous agreements (verbal or written) between all parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any of the parties waive or alter part of this agreement, the rest of the agreement remains intact. From now on in the contract, Fibelkorn Photography will be referred to as “I/me” and the client listed above will be referred to as “you.”
DEPOSIT AND PAYMENT:
Because I need assurance that you are serious about your session date, you agree to give me a non- refundable deposit on the date specified above. In exchange, I agree to hold your date. If you cancel your session date for any reason, you agree that the non-refundable deposit won’t be returned to you. If you fail to give me the deposit on or before the date provided, your date will not be held and the contract will be severed.
The remaining balance is due on or before the date of your session. If the entire remaining balance is not paid on the due date, we reserve the right to terminate the contract, cease providing any services, and retain all previous payments and deposits.
RAIN OR INCLEMENT WEATHER:
No one can’t control the weather yet and by the very nature of most of my work, I don’t have an indoor studio. So in the event of rain or other inclement weather, you can either choose to embrace it or reschedule. If you’d like to reschedule, you will still need to make both the deposit and the remaining balance payment on the originally scheduled dates. In the event that we cannot find a suitable date between us to reschedule, your remaining balance will be returned to you. The deposit is non- refundable and kept by us.
CANCELLATION ON MY PART:
I hope that this would never happen, but occasionally life throws a curve ball. In the event of me needing to cancel, all money (including the deposit) will be returned to you. This is the maximum extent of my liability of cancellation.
LIMIT OF LIABILITY:
I try very hard to ensure that all of my equipment is running properly, taken care of, and backed up. Unfortunately, though, stuff happens in this crazy age of technology that I cannot fully control. In the unlikely event that your photographs have been lost, corrupted, stolen, or destroyed within or beyond my control, my liability is limited to the return of all payments received for the session.
You agree to not hold the photographer or owner of the property liable for any injury or illness that may occur during the session or as a result of the session.
COPYRIGHT, REPRODUCTION, AND MODEL RELEASE:
I will be the sole owner of the copyright to all of the photographs taken during your session. You will have a Release to use for Personal and Commercial uses.
You agree Not To sell or give any of the files for Editorial purposes but will refer those sources back to me. This section will be void if both parties agree on Editorial specific at the time of scheduling your session.
The copyright will stay with me and I can make copies for samples, self-promotion, advertising, media, entry in photographic competitions and art exhibitions, and editorial use. You agree to have yourself be pictured in the aforementioned ways. You agree that you are signing a model release to allow us to use your photographs (of yourselves) for our business purposes.
We are to be the only photographers (professional or amateur) present at the shoot. That includes any pictures taken with a phone, tablet, DSLR, or anything else that is able to record an image. The subjects of the session or any guests observing the shoot may not interfere with the proceedings.
THE SOCIAL MEDIA CLAUSE:
This clause applies to all social media or other internet websites that can be used to publicly display pictures and images. I will provide you with shrunken photographs that are sized appropriately for uploading to Facebook or a blog, etc. You agree that you will under no circumstances alter the provided photographs that are placed in public on the internet. I need photographs that are placed online to be accurate representations of my work so that future clients have a good understanding of the type of photographs that they’ll receive. You agree to to be responsible only to the extent to ask any family member or guest who posts the photographs online, and when in violation of this policy, to take down the offending photo if necessary and agree that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline and/or other similar situations on the internet), altered in color, or edited in any way, but as limited by the first sentence of this clause. Your responsibility is limited to asking the relative or guest to take down the offending photo if necessary.
SATISFACTION AND ACCURACY:
You acknowledge that you are familiar with my work and are requesting services with knowledge of my style; that my work is constantly evolving; that my services are of unique and artistic nature; that the photos may be different from photographs taken by me in the past; and that in creating the photos,I shall use my personal artistic judgment to create images consistent with our personal vision of the event, which vision may be different from your vision of the event. Accordingly, you acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
The quality of the photographs will reflect the weather, locations, schedule complications, time restraints, and your ability to cooperate with us. You understand and accept that we do not edit for physical size (height nor weight), hair (amount nor color), nor any other physical appearance issue other than blemishes.
ONLINE GALLERY AND ORDERS:
The edited photographs will be completed 2-4 weeks after the date of service. You will receive a viewing and ordering gallery in order to see and/or retrieve your photographs. It will be online for 2 months afterward and then will be taken down. You agree to claim any print or album credits during this time. If you need to reactivate your gallery at a later date, please e-mail us and we’ll reactivate it free of charge. Your pictures will be received by you when the order is fully completed and the items owed to you are received by me from the lab.
Thank You. I look forward to seeing what we create in our session together.