Terms and Conditions
Terms and Conditions
These Terms and Conditions apply to the Evoking Light portrait Agreement. In this document, Evoking Light Photography is hereinafter referred to as “COMPANY” and the signatories of the portrait Agreement are hereinafter referred to as “CLIENT(S)” and collectively “PARTIES” relating to the Session(s) detailed in the portrait Agreement, hereinafter referred to as "session(S)”.
Session: Dates secured in the portrait Agreement, including, but not limited to, any Portrait session and the day of the Session.
Scheduled Time: The start and end time for the Session(S) agreed upon by the PARTIES in the portrait Agreement.
Services: Includes, but is not limited to, photography, editing, and ordering Merchandise provided by COMPANY and agreed upon by PARTIES per the portrait Agreement.
Package: Includes, but is not limited to, the number of photographers at the EVENT(S), time spent at the session(S), editing, and ordering Merchandise.
Images: All edited and finalized photographs from the session(S).
Merchandise: All items, including but not limited to, prints, albums, and artwork to be selected and paid for by CLIENT(S) and ordered by COMPANY.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the session(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the session(S).
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of any boundaries imposed upon the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the session(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the session(S); or in the event that the safety of the photographer from the COMPANY is in question.
COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. Limited copyright ownership of the resulting images will be transferred to the CLIENT for social media and print use, such as printing photos for personal use. Sharing images is permitted on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
LIMIT OF LIABILITY: In the unlikely event that the COMPANY is unable to perform to the guidelines of this Agreement due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited solely to the return of all payments received for the session(S).
Further, in the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the session(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
DISPUTE RESOLUTION: If a dispute arises, a mutually agreed upon mediator within Hamilton County, Ohio shall attempt to settle the dispute. If a resolution cannot be made within six months, either CLIENT or COMPANY may choose to bring legal action in the courts of Hamilton County, Ohio. All disputes will be governed by Ohio law. If the dispute is resolved in the COMPANY’s favor, all reasonable attorneys’ fees and costs will be paid by the CLIENT. If the dispute is resolved in CLIENT’s favor, COMPANY is not responsible for reimbursing CLIENT for any reasonable attorneys’ fees or costs.