CONTRACT | Faint Artistry

TERMS AND CONDITIONS OF SERVICE

Upon payment of the provided invoice by Faint Artistry (Daniel Faint Photography) you are agreeing to the below terms and conditions.

Exclusivity

It is understood that the photographer is the exclusive official photographer retained to perform the photographic services requested in the contract. Unless a second shooter is hired by the photographer, there shall be no other professional photographers invited or hired by the client, venue, or other vendors (not to include videography).

Liability

The photographer is not responsible for any injuries incurred by the photographic parties. Client will be responsible for their children and themselves, and release the photographer from any claims. Photographer is not liable for damages to wardrobe or personal belongings of the client during the duration of the photoshoot coverage. Client agrees to hold Daniel Faint and his representatives or assistants harmless in the event that client or any members of client's family or party become injured during the duration of the photoshoot.

Retainer Fee & Payments

The client agrees that a 50% retainer is required at the time of contract acceptance. This retainer applies to your photoshoot package purchase. The retainer reserves your spot on photographer’s schedule and covers photographer’s time before the photoshoot, time at the photoshoot, time processing images, and hosting of online gallery. The remaining balance for your photoshoot package is due 7 days prior to the shoot day.

Any payments made to the photographer (retainers and following payments) are NON-refundable, only transferable in the event of a cancellation (at the photographer’s discretion). The client understands that the photographer reserves the right to cancel this agreement if full payment is not received 24 hours prior to the shoot. If the photographer cancels due to non-payment 24 hours prior to the shoot, refunds of the retainer fee will not be issued. Payments may be made in cash, or via bank transfer. Payments through PayPal or cheque are not accepted. If client excuses the photographer earlier than the scheduled time outlined in the shoot timeline, partial refunds will not be given for said time.

Cancellation

If the client cancels this agreement before the day of the photoshoot, the retainer fee paid to the photographer will be transferable to a newly scheduled date, within 30 days. Newly scheduled date can be used for any photographic services. The photographer reserves the right to cancel due to illness, equipment malfunction, or other circumstances beyond his/her control. Accurate measures will be done by the photographer to recommend alternate local photographers. Photographer may also choose to hire an associate photographer in his/her place in the event that the photographer cannot make it. Cancellations made by the photographer (except in the event of the death of the photographer or the conditions specified in section 3) will result in a full refund of any and all payments made. If the client changes the photoshoot date within 3 months of the contracted date, and the photographer is not available for the new date, refunds of the retainer payment will not be issued. If the photographer is available, the retainer payment will be transferred to the new date.

Travel, Lodging and Food

Travel time is included in the session fee for locations in the greater Brisbane area. For further travel, an additional travel fee will be added to the package to cover flight, rental car, and petrol. Client is responsible for covering additional fees and costs related to location choice (admission fees, parking fees, etc.) For photoshoots requiring airline travel, client will be responsible for payment of the photographer's airline ticket. Client will also be responsible for photographer’s lodging expenses. For photography packages over 6 hours, if photographer is present during a scheduled meal time, client agrees to either provide a meal to the photographer, or excuse the photographer for said meal time as a "break".

Cooperation

Client agrees to positive cooperation and communication for the best possible result within the definition of this session. Photographer is not responsible for key individuals’ failure to be present or cooperative during the photoshoot. Photographer is also not responsible for ruined or missed images due to client or guest misconduct. Photographer will not tolerate verbally or physically abusive behaviour from the client or guests. If the client or guests fail to cooperate, resulting in an unacceptable degree of misconduct, or damages the equipment of the photographer, it will result in early or immediate departure of the photographer. The client understands that in such an event, no refunds will be given.

Non-Guarantee

Although all possible care will be taken to produce photographs of all requested poses and shots during photoshoot, photographer cannot place an unconditional guarantee on the above. Photographer will not be held responsible for any ruined photographs due to shadows, lighting, flashes due to guests’ cameras, weather, guest misconduct, or any other ruined photographs due to any other cause in or outside of photographer’s control. Client understands that many factors can affect the final photographs, including but not limited to: weather conditions, wardrobe and makeup choices, location choice, etc. Neither party will be in breach of contract due to, flood, fire, warfare, government laws or regulations, equipment malfunction, and/or conditions beyond their control.

Digital Files

Edited digital files will be presented on an online password protected gallery via Pic-time for viewing and download. No original "raw" files will be released to secure the integrity of the photographer and uphold his/her editing style. Digital files delivered in the gallery are at the artistic discretion of the photographer, and will be selected based on quality and style. Digital files will be delivered within 8 weeks of photoshoot date. 15-20 highlight "sneak peaks" will be delivered within 7 days for social media sharing. For elopements, final galleries will be delivered within 6 weeks. Client has access to their online gallery for 30 days. After 30 days, a $25 fee may be applied to reopen your gallery. Once the gallery is downloaded, no refunds of any kind can be given. Photographer has no liability for lost images after 6 months of gallery download. The client cannot edit/alter the images in any way (i.e. changing to black and white, cropping). It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the photographer. Images uploaded to social media are to include a tag and/or mention of the Photographer and/or Facebook page (Facebook.com/FaintPhotography, @danielfaintphoto). Digital files are stored by the Photographer for 6 months following the delivery date. Photographer is not responsible for lost images after 6 months following the delivery date.

Prints and additional products

A limited print release is included to print your portraits for your own personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering your images without the photographer’s permission. Professional printing options are provided by the photographer at additional costs. Photographer is not responsible for prints purchased outside of Faint Artistry. Prints purchased outside of Faint Artistry are subject to discolouration, over or underexposure, and other deviations from the original digital file. Re-prints or refunds will ONLY be given to prints purchased through Faint Artistry. Professional print products (albums, etc) are available at additional costs. Photoshoot albums will be delivered to the client within 10 weeks of photoshoot date. Photo selections for the album must be made by the client within 2 weeks of delivery date.

Client agrees to and understands that all rights belong to the photographer. All photographic materials, including but not limited to negatives, proofs, and previews, shall be the exclusive property of photographer. Photographer shall own the copyright of all images created and shall have the exclusive right to make reproductions and or alterations and edits. Client agrees to not crop, alter, or edit the digital files in any way. This is to include adding filters, or converting to black and white. It is understood that any alteration of original images is strictly prohibited without the written permission of the photographer.

Image Processing

Photographer reserves the right to edit and retouch images in a style and manner of their choosing, and that represents the photographer's business brand. This includes creative and artistic conversions to black and white or vintage colour tones. Basic processing is included in all packages: colour correction, cropping and exposure. Excessive editing at the client's request will be charged as $10-50 per photo, based on difficulty. Examples of excessive editing: photoshopping body parts to appear "slimmer", removing or adding items/people from the photograph, changing the colour of items, air-brushing etc. Client agrees that they have reviewed the photographer’s portfolio and agreed with the editing style.

Severability

If any provision of this agreement is held to be invalid or unforceable 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

Model Release

I hereby grant Daniel Faint, and any associated photographers hired by him, permission to use the photographs of the names mentioned above for any purposes, including but not limited to, advertisements and promotional uses, commercial and non-commercial clauses, social media sharing, and/or for personal uses of his/her own portfolio. I also grant the owner to re-use and/or republish the photographs as the photographer sees fit, including but not limited to, contests, exhibitions, galleries, and/or magazine entries. I also acknowledge that the photographs taken are the photographer’s sole property and the photographer maintains the full copyrights.