Terms of service.
Last updated: February 22, 2022
DEFINITIONS and AGREEMENT: This Terms of Service [hereafter “Agreement” or “the Agreement” is between ERIN DELEON (hereafter “Photographer” “the Photographer” or “Photography Company”) and [You] (hereafter referred to as “Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor. This Agreement is for services and products related to a photography shoot (hereafter “Shoot” or “the Shoot”).
Photographer will provide the Client with a separate photography contract (hereafter “a Contract” or “a separate Contract”) before every Shoot. The arrangements made there supersede any made prior, including on this Agreement.
PAYMENT: Client agrees to pay the Photographer a non-refundable initial payment totaling 30% (thirty-percent) of the total price of the photography services upon signing a contract. The initial payment reserves the Photographer’s time and is not a retainer or deposit. Photographer agrees to not advertise availability of this same time slot to any other potential clients.
The balance of the payment for photography services must be paid in full no later than 7 days after the Shoot detailed in the contract. If Client is required to purchase photos separately after the Shoot, payment for those photos is due immediately upon delivery of photos to Client.
RESCHEDULING AND CANCELLATION: If Client cancels or reschedules this Shoot for any reason outside a Force Majeure Event (detailed in the following clause) within 7 days of the Shoot, the initial 30% payment will not be returned to Client. This also includes last-minute cancellations made within 24 hours and the day of the Shoot. If the Client does not show up to the Shoot at the agreed upon time and location (in other words, “no show”), the initial payment will not be returned to the Client, and the remaining 70% (seventy percent) of the total agreed upon amount will not be charged.
Requests to reschedule or cancel the Shoot made before this 7-day period will be honored to the best of the Photographer’s ability.
In the Client wishes to cancel or to the extent the Photographer and Client cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund the initial 30% payment, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the Shoot, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Shoot.
In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and the following clause.
FORCE MAJEURE: If Photographer is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the Photographer’s control or expectation, Client agrees to indemnify Photographer for any loss damage or liability.
Photographer will return in full ALL payments made by Client to Photographer in relation to this Shoot. Photographer may, in Photographer’s discretion, work with the Client to find an alternative date for the Shoot that is suitable to both Client and Photographer.
In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Shoot, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the Shoot. Should Client not accept a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement, Photographer shall refund the amount in full and shall have no further obligation to perform under the Agreement.
DIGITAL PROOFS: Photographer will deliver a limited number proofs (essentially drafts) to Client no more than 3 (three) weeks after the date of the Shoot. Client understands and agrees that drafts are the exclusive property of Photographer and Client has no right to these photos except for a license to review them, but not store the drafts. Photographer will perform basic postprocessing or digital image editing services on these photos where artistically necessary.
EDITING: Client agrees and understands that Photographer may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. Client agrees to hold Photographer harmless for any edits which may be viewed as defamatory or demeaning. It is understood that Photographer is not responsible to fix photos to cover parts of the body that Client does not wish to be seen in the photo, unless it was confirmed with the Photographer in an email sent prior to the Shoot.
If Client is not satisfied by edits, Photographer will perform at least one revision free of charge. Further revisions can be purchased. The max number of revisions available for a Shoot is 4. Revisions will be delivered no more than 2 (two) weeks after written request.
DIGITAL FILE QUALITY AND DELIVERY: Photos from the Shoot are to be delivered to the Client via temporary access to a Google Drive unless specified otherwise on a contract.
Digital photos will be licensed to Client in the resolution of 3600 x 2400 pixels (or no shorter than 3600 px on its longest side).
COPYRIGHT AND USAGE: Copyright is reserved solely for the Photographer unless agreed upon in a separate Contract.
Photographer agrees to license photos to Client from the Shoot. Unless stated otherwise in a Contract, all photos delivered to Client are licensed for Client’s personal use ONLY. This personal usage includes reproduction on social media and non-commercial printing rights. Client shall not sell said prints or authorize any reproductions.
A Client representing a business and requesting a Shoot with the purpose of creating commercial images can expect an additional limited commercial usage clause as specified on a separate Contract and corresponding Media Release.
EXCLUSIVE PHOTOGRAPHER: Client agrees and understands that no other party other than Photographer may take pictures of any poses, lighting situations, or setups made by the Photographer. This slows down the Photographer’s work and violates the Photographer’s right to take pictures during the duration of the Shoot. Guests are, of course, welcome to take photos with smartphones or small personal cameras, but Client agrees to take responsibility for insisting that no person(s) get in the way of the Photographer or take pictures in these situations. Photographer is not responsible for any photos that cannot be recovered as a result of guest or venue interference.
LIABILITY AND INDEMNIFICATION: Client understands and agrees that Photographer may have cords, light stands, and other gear at the location. Client will hold Photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. Client further agrees to hold Photographer harmless for any personal injury which may occur as the Client poses or works with Photographer.
Client agrees and understands that the quality of a photograph is entirely subjective.
Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of Client. Client understands and agrees that Client is responsible for determining if a pose or location is safe.
Photographer and Client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the Shoot. Client is encouraged to provide a suggested photo list to Photographer no less than 24 hours prior to the Shoot to include photos that Client would like Photographer to shoot, but Photographer has no liability for capturing any of the photos on the list.
Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Photographer will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.
DUTY OF CLIENT: Client will obtain all permissions necessary for Photographer to photograph at the Shoot. Photographer has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. Client understands and agrees that any failure to obtain these permissions resulting in fines to Photographer, or which prevent Photographer from photographing the event(s) is not the fault, liability, or responsibility of Photographer. Any fees required by venue for the participation of the Photographer in the Shoot are the responsibility of the Client.
Client will provide itinerary to the Photographer at least 7 days before the Shoot or a timeline should be discussed and formed between the Client and Photographer.
It is understood that it is Client’s responsibility to inform the Photographer by email for any date or location changes (including but not limited to wedding dates, baby delivery for birth or hospital photography). Photographer is not liable for any claims for messages sent by mobile text messages or social network websites.
SAFE ENVIRONMENT: Client expressly agrees to ensure the appropriate behavior of all attendees at the Shoot and additionally agrees to undertake best efforts to ensure that all parties involved in the Shoot, including but not limited to the Client, vendors, all guests, and any and all attendees, behave in a manner that provides the Photographer with a safe and comfortable work environment in accordance with a reasonably workmanlike standard.
Any threatening, hostile, inappropriate, or offensive behavior of any kind, and any other behavior that compromises the safety or well-being of the Photographer or photography equipment or constitutes a hostile work environment (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) will not be tolerated. What constitutes such behavior is up to the sole discretion of the Photographer in accordance with the standard of a reasonably prudent person, and will be dealt with accordingly:
upon the first offense, the Photographer will notify the offending person and either the Client with a verbal warning
after the second offense, the Photographer will notify the Client, and the Client will agree to remove the offending person for the remainder of the Shoot
upon the third offense, the Photographer will end coverage immediately and leave the Shoot, Photographer shall be entitled to retain all monies paid hereunder. The Client will not be entitled to any refund, and Client will agree to relieve and hold Photographer harmless as a result of incomplete photography coverage, or for a lapse in the quality of the work.
ARCHIVAL: Client understands and agrees that Photographer is required to retain copies of a reasonable number of photos from the Shoot for 1 year after the Shoot. After this period has expired, Photographer has no duty to retain copies or originals of files or photos from the Shoot. It is the responsibility of Client to purchase, store, and backup photos after the 1-year period.
MODEL RELEASE: Unless agreed under a separate contract or Model Release, Client grants permission to Photographer and its assigns, licensees, and sublicensees, permission to use Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Photographer may use Client’s likeness and image on Photographer’s website or other advertising. Photographer may sell photos containing Client’s likeness to third parties.
ASSIGNABILITY AND PARTIES OF INTEREST: Client agrees and understands that, unless otherwise specified in this Contract, Client is not contracting for a personal service that will be performed by any specific photographer. Photographer may subcontract or assign this contract to any second-shooter, Photographer may assign any photographers associated with the Photography Company to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
ARBITRATION: Any dispute arising under or in any way related to this Agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of CONNECTICUT. The arbitration shall be binding on Photographer and Client.