TERMS OF SERVICE

  • DEFINITIONS
  1. For the purpose of this agreement “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title.
  2. For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Minty Mist Photography, and shall where the context so admits include their respective assignees, sub-licensees and successor in title.
  3. “Photographs”, “Images” and “Works” means all photographic material furnished by the Photographer, whether digital files, prints, or any other type of physical or electronic material in existence now or yet to be developed.
  4. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
  5. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
  6. Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
  7. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so.
  8. When a Client’s policy is not to rely on email confirmations, hard copy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
  • PAYMENT
  1. For any type of booking, to secure the shooting date, a booking fee (25% of the whole session fee) is required. This booking fee is nonrefundable, but will be counted into the final payment.
  2. The remainder of the payment is due on the day of the session.
  3. Cash or personal checks are accepted. If the check is returned, the returned check fee is $50.
  • WEATHER

If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

  • TRANSPORTATION

Client is responsible for getting to the shooting location on their own. Photographer will not provide any shuttle service for the session. If the shooting location is out of Photographer’s traveling distance, extra transportation fee will be applied.

  • CANCELLATION & POSTPONEMENT

Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the shooting session/agreement by the Client, the prepaid booking fee is non-refundable. However, booking fee is transferable if a date change is necessary . A 48 hours’ notice of postponements or cancellations is appreciated.

  • COOPERATION/NO SHOWS
  1. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during shooting sessions, or for missed images due to details not revealed to Photographer.
  2. If Client and/or key individuals fail to appear to a scheduled shooting session, the initial booking fee is non-refundable. The session can be rescheduled at the original shooting session fee, including an additional $50 security deposit.
  • RAW PHOTO

RAW format of the photo will NOT be given to the Client under any circumstance.

  • FULL RESOLUTION DIGITAL IMAGES
  1. Full Resolution Edited Images will NOT be given to the Client in any circumstance.
  2. Full Resolution Proof Images are available with limited amount on extra fee. Please check with the Photographer for the details before purchasing.
  3. In the case the Client needs to print out images that are bigger than the delivered size in this contract, he/she shall purchase through Minty Mist Photography.
  • COPYRIGHT
  1. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. According to the U.S. Copyright Office, the Photographer retains the entire copyright in the Photographs and Works at all times, throughout the World and in perpetuity unless explicitly assigned in writing and signed by the Photographer and the Client. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph.
  2. To avoid confusion, where a ‘Buyout’ is requested, it shall be taken to mean ‘exclusivity’ and thus shall increase the value of the fee. A ‘Buyout’ will not transfer copyright to the Client, nor shall it mean in perpetuity.
  3. Photographer may use images from the Session for display, advertising, website, blog and magazine submissions and any other means of promotion of Photographer’s business, unless written notice to the contrary is received by Photographer from Client. Client waives any right to payment, royalties or any other consideration for the use of the images. Client waives the right to inspect or approve the finished product wherein Client’s likeness appears. Photographer is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, his or her heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf may have by reason of this authorization.
  • USE
  1. The License to Use comes into effect from the date of payment of the relevant invoice(s).
  2. No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
  3. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date.
  4. Client will be granted a print release for creating prints for personal use only. Client agrees that the images shall not be cropped, altered or distorted in any way. Client may use the images on personal websites and social media so long as a copyright notice appears near the images, stating that the images were created by “Minty Mist Photography”.
  5. Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied.
  6. On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
  • REJECTION

Unless a rejection fee has been agreed in advance, the Client has no right to reject on the basis of style or composition.

  • RESHOOTS
  1. In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second shooting session only.
  2. In the unlikely event that the finished product from a shooting session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
  • PHOTO PRINTING

Client is aware that color dyes and inks in printers may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.

  • CLIENT CONFIDENTIALITY

The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

  • INDEMNITY
  1. It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.
  2. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.
  3. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
  4. In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
  5. The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by Minty Mist Photography, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
  • SUPPLY TO THIRD PARTIES

The license only applies to the Client and product stated on the License to Use.

  • VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.