Terms and Conditions for Photographic Services.
MINIMUM COVERAGE FEE
After predetermining availability, Client is provided with confirmation of date and time availability. A non-refundable coverage fee is due at the time of submitting this agreement. The minimum coverage fee will cover a pre session consultation (via phone or email), agreed coverage, All high resolution images provided via online gallery. ONEEYEDFROG PHOTOGRAPHY SHALL HAVE THE RIGHT TO CANCEL YOUR SESSION DATE OR TO GIVE IT TO ANOTHER CLIENT IF IT DOES NOT RECEIVE THE COVERAGE FEE AT THE TIME OF SUBMITTING THIS AGREEMENT. The fee shall be good for services performed on the originally scheduled date.
In the event that 7 days notice has been provided and you need to cancel your event date you will forfeit your coverage fee and your session date will not be re-scheduled.
CO-OPERATION AND ASSISTANCE
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to a family member of The Client; second offence: the offending person will be required to leave the wedding or event; third offence: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
TERMINATION OF SESSION
The Photographer reserves the right to terminate any session due to any failure of The Client to adhere to the requirements set forth in this Agreement or if the model(s) being photographed are unwilling to be photographed or if anyone in the session is behaving in a manner that the photographer deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, The Photographer is under no obligation to reschedule. Under no circumstances will any monies paid be refunded.
If the Photographer cannot perform this Contract due to fire or other casualty, transportation issues, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s injury, illness or emergency, then the Photographer shall return any monies paid 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 the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid. Upon receipt of a USB Flash Drive, Online Gallery, Print, Canvas or Album, The Client accepts all responsibility for archiving and protecting the photographs/products. 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. It is Client’s responsibility to make sure that digital files are copied to new media as required. Clients understand that while the photographer will do everything possible to maintain The Client’s safety while working with The Client, The Client is ultimately responsible for their and their family’s safety. The photographer may not be held liable for any misfortune or injury that can occur while working. Photographer does not permanently archive image files. All Digital Image Files are retained for 60 days after your session takes place after which time all unordered Digital Image Files will be destroyed. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read any digital media provided. The Photographer shall have the right to use all negatives, proofs, photos, prints and all image files and likenesses thereon in connection with its display and marketing efforts and you grant to The Photographer a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.
You agree to be responsible for any damage occurring to any of ONEEYEDFROG PHOTOGRAPHY’s equipment or property during or as a result of the event or the actions of any event attendees, or as a result of any condition or occurrence at an event which results in damage, other than damage which results solely from ONEEYEDFROG PHOTOGRAPHY’s negligence.
Photographer is an artist and as such requests that the work she creates be allowed into art exhibits, displayed in her studio, print competitions and other places that her work is featured regularly. The work is always showcased in the best possible way and will never compromise or jeopardise the photographer’s hard earned reputation. Confidentiality in advertising is always maintained. I agree that I have read this portrait agreement and agree to comply with all policies and information included. I also agree that the photographer may use any images created during my commissioned session for display, advertisements, exhibits, sale or trade or other use as deemed appropriate by the Photographer. I agree these images can be used without any additional compensation to me.
The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. The coverage shall commence at the scheduled start time. If the Client does not arrive at the appointed time for the session specified in this agreement, the Photographer will have no further obligation to make up the time missed.
All print/product orders must be placed at the time of your viewing and must be paid in full at the end of the appointment.
After the date of your viewing appointment, ALL ORDERED IMAGES WILL BE ARCHIVED FOR 6 MONTHS. ALL UNORDERED IMAGES WILL BE PURGED AFTER 60 DAYS. Unarchiving these images will incur a minimum order of $300.00.
In the event that inclement weather causes your your Photo Service or Event to be cancelled or rescheduled, you have the option to reschedule or cancel your contract. OR, if OneEyedFrog Photography deems that particular weather conditions during your scheduled service poses an unnecessary risk to the photographer or the photography equipment, we reserve the right to stop the service and either issue a refund or reschedule the service (customer's choice). What constitutes inclement weather? Generally any weather condition, such as rain, sleet, hail, lightning, or extremely high winds and hot weather above 34 Degrees which may cause damage to the subject, photographer, or equipment. Usually, these are the same conditions which will cause an event to be rescheduled, postponed, or cancelled.