Terms & Conditions
This agreement is made between the Client, whose name and contact information are listed on contract, and In Phokis Photography. All photographs will be shot in digital camera RAW format. Digital photos will be made available on a private online gallery available for download and printing right will be granted. Photos will be delivered as high-resolution JPEG files in an online gallery with the option to purchase more images. The online gallery will be ready within 3 weeks turnaround time. Do not ask for RAW photos. They will not be given.
1. Deposit and payment. Upon your signature. In Phokis Photography will reserve the time and date agreed upon and will not make other reservations for that time and date. The Client shall make a non-refundable deposit of 50% to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both partied exclusively for you. The full amount of the selected collection must be paid at least 7 days prior to the date of event. No services will be made until full payment is made. No photos shall be taken or released until full payment is made.
2. Cancellation. If client requests to amend or cancel this agreement, the deposit shall be applied to a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, at least 2 weeks prior to the date of the session, all payments made to In Phokis Photography shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that client cancels the session or fails to attend the session date for any reason. Retainer will NOT be refunded due to client’s error.
3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least 2 weeks prior to scheduled session. A $200 rescheduling fee will apply. Reschedule must be within same calendar year. A new retainer will be made if date change is made past the end of the year before original agreed upon session date. Any Client that is late arriving to the session will have the amount of time allotted for session.
4. Artistic Rights. The photographer retains the right of discretion in selecting the photographic materials released to the client.
5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 3 weeks of the session. When the online proofing gallery is delivered, it shall remain open for 2 weeks from delivery date. All chosen images will be provided to client without watermarks, after client makes their selections and submits for download. Reminders are sent by e-mail.
6. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the photographer. Images are not to be altered or re-edited in anyway by anyone other than the photographer by request. The Client must act in accordance with this release.
8. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram). Client must credit/tag In Phokis Photography in any posts or shares of their own.
9. Capturing Desired Photographs. It is recommended that the client(s) develop a list of desired poses, locations and subjects (family and friends; items; etc.) and share this with the photographer 2 weeks before the session if desired. The Photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. In Phokis Photography is not responsible for key individuals’ failure to be present or to cooperate during photography session, neither for missed images due to details not revealed to In Phokis Photography
10. Sole Photography. It is understood that In Phokis Photography will act as the sole and exclusive photographer. In Phokis Photography reserves the right to bring one to two assistants at their discretion.
11. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, act of God or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. Photographer will arrive to the session at the best of their abilities. If coverage and photographic services cannot be fulfilled by In Phokis or a replacement chosen at the discretion of the Photographer, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. In Phokis Photography will not be held responsible for any ruined photographs due to any cause in or outside In Phokis Photography's control.
12. Substitute Photographer. The Photographer reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
13. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed.
14. Limitation of Complaint. Client will have thirty days after gallery delivery to make In Phokis Photography aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to the day's coverage. After this 30-day term has expired, In Phokis Photography will no longer be liable to client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made if deemed appropriate by In Phokis Photography but the hourly fee of $200 for retouching will be billed with a minimum of one hour required.
15. Indemnification. The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
16. Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.