This package includes the following:
- The Diamond Facets online workbook
- A session of up to 90 consecutive minutes (including a brief photo review)
- Online gallery of proofs within 15 days
- Your choice of five (5) images
- Professional retouching
- 30 day delivery (after receiving choices)
- Delivery via Online Gallery
- Personal/Professional Usage license
1. Terms & Conditions. I have read and agree to the Terms & Conditions.
2. Photographer’s Responsibilities (“Services”). Don Hajicek Photography (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the Session in a professional, workmanlike manner according to the prevailing standards in the industry.
3. Copyright. Photographer grants Client perpetual personal/professional usage of all photos selected and delivered according to the selected package. All photographs taken by Photographer at the Session, in whatever form, are copyright-protected. Sales of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved images (“Digital Album”) to the Client, unless terminated earlier as provided herein.
5. Cancellation. Upon acceptance of these terms and full payment, Photographer shall commit to attending the Session at the specified date and time, and shall make no other reservations for that date. If Client cancels the
Session entirely, then Photographer shall be entitled to 100% of the payment as liquidated damages.
6. Proofs. A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via online gallery within 15 days following the Session. Client then has 30 days to select the appropriate number of images from the proofing gallery for further retouching (as needed.) If Client does not provide the necessary input within 30 days of receiving the proofing gallery, Photographer shall select final images at his discretion for delivery to the Client. Client shall have the opportunity to submit 1 round of retouching revisions; if additional rounds of revisions are needed, Photographer shall charge Client $100 for each additional revision.
7. Delivery Date. Digital Album shall be delivered no later than 30 days from final Client selections or revisions.
8. Model Release. Client agrees that Photographer may use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents.
9. Jurisdiction. The state and federal courts serving Larimer County, Colorado shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.
10. Attorney’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
14. Limitation of Liability. Photographer’s entire liability for any claim, loss, damage, or injury arising under or relating to this Agreement is limited to the fees paid by client for the Services. In no event shall the Photographer be liable for special, incidental, consequential, or punitive damages, even if Client informs Photographer of circumstances that would give rise to such damages.
By signing this form, I agree to the aforementioned terms.