TERMS & CONDITIONS
1. It is understood that Bethany MacIsaac Photography is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. Session fees must be paid in full 24 hours before the portrait session date. Preview images will not be available until the session fee has been paid in full.
3. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
4. Bethany MacIsaac Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Bethany MacIsaac Photography in the event of litigation arising out of such use.
5. Negatives, digital files and previews remain the exclusive property of Bethany MacIsaac Photography.
6. Upon signature, the Photographer shall reserve the time and date agreed upon.
7. All session fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
8. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Bethany MacIsaac Photography, the Photographer may elect to use an alternate location or to reschedule the session.
9. If Bethany MacIsaac Photography cannot perform this Contract due to fire or other casualty or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Bethany MacIsaac Photography fails to perform for any other reason, Bethany MacIsaac Photography shall not be liable for any amount in excess of the retail value of the Client’s order.
10. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. The Client is responsible for protecting and caring for his/her printed and/or digital products. Bethany MacIsaac Photography is not responsible for any damaged products after successful delivery of said products.
11. The charges in this Contract are based on Bethany MacIsaac Photograpy ’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.
12. REGARDING DIGITAL IMAGES: Client may purchase digital images at $60 per image. Price lists can go up without notice from Bethany MacIsaac Photography.
13. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Bethany MacIsaac Photography have been done so with the use of colour calibrated monitors. Please be advised that image could appear a different colour on day to day monitors that aren’t colour calibrated.
14. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
Signature of Photographer
Photographer Bethany Wilkie of Bethany MacIsaac Photography
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