The following outlines in full what is included and excluded both in responsibility and liability when signing up for a photo shoot with Amanda B Studio. When you book a photography session with Amanda Blackman Studio you are agreeing with these terms and conditions. The terms of this agreement are in addition to applicable rights and obligation under consumer law. If you have questions please do not hesitate to contact me via the form below.
Booking and Contract
- Before booking a session with Amanda B Studio there is an initial contact made in person or via phone call or video connection. If you are happy that Amanda B Studio and Amanda Blackman photographer will meet your needs you fill out a booking form.
- When booking a photography session the Client shall fill out the section of the booking form stating they have sighted and agree with the terms and conditions as outlined herein. These terms and conditions take the place of what was once termed a contract.
- Included in the booking form is the necessary information including client details, requested date, time and special requirements for the session. Upon receipt of the application Amanda B Studio will make initial contact in the shortest practicable time to organise a time for your pre-session consultation.
- At the time the booking has been made Amanda B Studio shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time (Event and special occasion photography excluded). For this reason, in the event that the client should cancel the booking for any reason, part or all of the booking fee shall be retained by Amanda B Studio – Amanda Blackman Photographer in order to offset its loss of business. When cancelling more than 48 hours out from your booked session you will be refunded the difference between $250 and the total sum $ you have paid. If your cancellation is less than 48 hours from your booked session time you will forfeit 100% of your session fee.
Retainers and Payments
- The client shall pay a creative retainer equal to 50% of the total amount of the current session offering selected (through either PayPal, bank deposit/transfer, bank cheque or cash). The balance due is to be paid prior to the commencement of the photography session on the date agreed upon. A receipt shall be issued either electronically or in person upon the receipt of the moneys owed.
- Upon the rescheduling of a booking, the moneys paid as a retainer may be held over for a future session, as long as the new session is booked and held within 3 months of the original booking date. Moneys paid as a retainer are not transferable to another person for the purpose of booking a photography session, unless there are special circumstances. Consideration of special circumstances will be defined at the discretion of Amanda B Studio – Amanda Blackman Photographer and any decision will be shared with the Client at the first possible opportunity. The decisions will be final.
Images
The Client herby understands that the final content from said session is strictly at the photographer’s discretion. The Client will not be provided access to nor be able to view every image created. Only images deemed by Amanda Blackman Photographer to be of the best quality, and in keeping with Amanda B Studio’s standards, will be put in a gallery for the Client to view.
Copyright and Reproductions
- Amanda B Studio – Amanda Blackman Photographer shall own the copyright of all images created and shall have the exclusive rights to all images.
- The photographer shall only make reproductions for the Client or the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the photographer’s studio. Photos shared publicly upon signed consent using a model release form.
- Any photographic images shared by Amanda B Studio through any social media are not to be edited, altered, screen capped/shot or copied. The Client acknowledges it is unlawful to copy, scan, download, print, share, edit or alter or in any way otherwise use any images created or captured by Amanda Blackman Photographer according to this agreement. This includes Facebook or any other social media outlets, blog, hard copy, ‘sneak peek’ images, websites or third party software.
- If the Client uses images by any of the methods listed or any other method, the Client will be invoiced for the cost of each digital image used at the top rate for the Photographer’s Digital Images.
- Violation of this agreement may include civil penalties and breach of further contractual agreements.
Client’s usage
If the Client is obtaining prints as wall art, digital files or small digital web images for personal use on social media only (unless otherwise contracted) the client agrees not to sell prints or digital images from images created by Amanda B Studio. Copies of images are not to be forward and/or sold, nor rights to use images to be sold to third parties nor used by third parties for the making of money or in the process of making money without a signed agreement or contract by Amanda B Studio.
Lost or Damaged
This limitation on liability shall apply in the event that photographic materials are lost or damaged in processing, camera or computer malfunction, in the mail, or otherwise lost or damaged without fault on the part of the Photographer. The Photographer shall not be liable for any amount in excess of the retail value of the client’s order or a refund of moneys paid to Amanda B Studio – Amanda Blackman Photographer.
Photographer
Amanda B Studio may substitute another photographer to take the photographs in the event of Amanda Blackman Photographer’s inability to undertake the session. In the event of such substitution, Amanda B Studio warrants that the photographer taking the photographs shall be a competent professional. Amanda B Studio will use best endeavours to provide the Client with advance notice of the intended substitution. The Client may refuse the substitution and book a reschedule of the session or request a refund of the monies paid.
Inherent Qualities
The Client acknowledges that colour dyes in photography prints may fade or discolour over time due to the inherent qualities of dyes as well as DVD, CD or USB media which may deteriorate due to delamination and oxidation or becoming corrupted. The Client releases Amanda B Studio – Amanda Blackman from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
Photographer’s Collection Price List
Charges in this agreement are based upon the Photographer’s Collection 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.
Miscellaneous
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.
Injury
The Client acknowledges Amanda B Studio – Amanda Blackman photographer, employees and volunteers shall not be held liable when:
- In the event that an injury or allergic reaction occurs during or after a session in studio or outdoors. The Client understands when shooting outdoors the Client is subject to the probability of insect bites, weather conditions, discomfit, injury etc.
- In the event of injury, damage or loss by any person(s) known or unknown, animal(s) domestic or wild, objects or events not directly associated with, employed by or assisting Amanda B Studio – Amanda Blackman Photographer.
Liability
- The Client acknowledges and agrees should damages be incurred to equipment, wardrobe, props or venue beyond normal wear and tear or due to recklessness, carelessness or intentional misconduct of the Model, Client, Pet or any other persons travelling with or attending the shoot with the Model, Client or Pet, the Client will be fully liable for such damages and/or related costs for repair or replacement thereof.
- The Client acknowledges and agrees should injury be incurred to the photographer or photographer’s assistant due to carelessness or intentional misconduct of the Model, Client, Pet or any other persons travelling with or attending the shoot with the Model, Client or Pet, the Client will be fully liable for such damages and/or related ongoing costs.
These Terms and Conditions become a legally binding document when the client signs the booking form checking that they have sighted and agreed to all listed herein and the booking fee is paid to Amanda B Studio for the agreed services.