Photography Terms of Service and Conditions

1 

Definitions

This agreement is between Polished Pix Productions (hereafter “PHOTOGRAPHER” or the “PHOTOGRAPHER”) and “CLIENT” or the “CLIENT”.

2

Overview

Please read these Terms of Service carefully before booking a SHOOT.

By booking a SHOOT, you engage in the Photographer’s “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, clients, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. The Photographer reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

3

Scope of Work

This Terms and Conditions is for services and products related to a photography shoot be held at the time and place of the confirmed booking. 

4

Booking and Payment

If the Photographer provides a quote to the Client, the fee will be charged at that agreed rate. The Client will be required to complete a Booking Form and agrees to pay the photographer a non-refundable retainer fee of 50% (fifty percent) of the total price of the SHOOT to reserve the day and time of the SHOOT. The balance of the payment for photography services must be paid in full on the day of the SHOOT. On receipt of a completed booking form and retainer fee, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.

Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, and the retainer fee has been paid, The Photographer will not accept any other work from other clients for those times and dates.

5

Cancellation and Postponement by Client

The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

6

Cancellation by the Photographer

​The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

7

Liability

It is the client’s responsibility to take care of the children; The Photographer will not accept any responsibility due to any accident to children or damage to public or private properties during the SHOOT or consultation session.

8

Images

Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests shall create a “shot list” of all shots that they require.

The final images will be delivered to the Client in High-Resolution.

9

Archive and Storage

The Photographer keeps client files for up to 1 year after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.

If the Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage.  Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).

10

Charges

If the Photographer provides a quote to The Client, the fee will be charged at that agreed rate. Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original quote by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees. 

11

Late Fee

CLIENT agrees to pay extra charges of EC $25.00 per half an hour if the CLIENT does not arrive within the first 30 minutes of the SHOOT’s start time. Subject to their schedule, PHOTOGRAPHER may extend the time of the SHOOT. CLIENT understands that an extension is not guaranteed.

12

Entrance Fee

If the client decides to use a venue which requires an entrance or venue fee, the client agrees to pay the cost for them, the photographer and the photographer’s assistant(s) to enter and use the venue.

13

Copyright and Ownership of the Materials

CLIENT understands and agree that photos from the SHOOT are the property of the PHOTOGRAPHER. PHOTOGRAPHER agrees to license photos from the SHOOT. All photos delivered to CLIENT are licensed for their personal use only. All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent. 

14

Right to a Credit

The Photographer asserts both her moral right to be identified as the author of her work and the right to a credit (where possible).  Please credit ‘Polished Pix Productions’.

15

Governing Law

The Client has read this Terms of Service in its entirety and agree to all its terms. The Client understands that this Agreement is applicable to the Laws of the state of Antigua and Barbuda.