Terms and Conditions AFP


Photographer’s Responsibilities (“Services”)

Don Hajicek (“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.

 

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.

 

Term

The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the un-retouched images (“Online Gallery”) to the Client, unless terminated earlier as provided herein.

 

Session Information

Cameras, cell phones, or other recording devices may not be used during the sessions without permission from the Photographer.

 

Un-Retouched Web Resolution Images

Unless otherwise indicated, your package includes a collection of un-retcouched images in “web resolution” which is roughly 2000 pixels on the longest side. The photos delivered are chosen at the Photographer’s discretion. Unless otherwise specified, you will receive a link to your online gallery of unretouched images within 30 days of your photo session.

 

Retouched High Resolution Images

Unless otherwise specified, your photo package does not include retouched images. Basic retouching is available for an additional fee, and is coordinated through the ToD Retoucher at retouching@tribeofdiamonds.com. Retouching includeds removing blemishes and stray hairs, and is done at the discretion of the Retoucher. Additional retouching (altering backgrounds, etc.) and Photoshop services are available for $150 per hour. Unauthorized retouching is considered a breach of copyright.

 

Delivery

Your images—un-retouched or retouched—will be delivered via online gallery. You may download, share, and order prints of these images using this gallery. Other than cropping or resizing, alteration of images is prohibited without written permission.

 

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.

 

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.

 

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.

 

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.

 

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.

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Signature Certificate
Document name: Terms and Conditions AFP
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September 1, 2018 2:21 pm MDTTerms and Conditions AFP Uploaded by Don Hajicek - don@tribeofdiamonds.com IP 73.14.98.54