In the following terms & conditions “the photographer” shall mean Joslyn Weber trading as Joslyn Michelle Photography & Design. “The clients” shall be those persons defined as client on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instructions, although every effort is made to comply with the client's wishes. The Photographer will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
iv. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non- commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographer's liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the location specified.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks to go.
iii. Cancellation with less than two weeks to go until the date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
i. The photographer will endeavor to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.
Client Usage Rights/Copyrights:
The photographs produced by Joslyn Michelle are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer's explicit written permission. It is a breach of this contract to reproduce the images in any form unless rights were purchased within the package for those images.
Client reserves the right to post purchased digital negative images on social networking sites such as Facebook, Instagram and Twitter. It is a breach of this contract to crop/hide Joslyn Michelle watermark.
There will be limited copyright ownership of the images delivered on flash drive under these conditions:
- Commercial use of these photos is prohibited. These images are for personal use only, and may be reproduced for the purpose of sharing with friends and family.
~ In the event that these photos will be published, sold for profit, used within marketing materials the client must obtain written permission from and compensate Joslyn Michelle prior to the release. Additional contracts will be needed at that time.
All photographic materials, including but not limited too; negatives, transparencies, proofs, original and finalized images and previews, shall be exclusive property of the Photographer.
Client grants Joslyn Michelle unrestricted usage rights and copyrights to use and publish photographs in any manner or medium. Client grants Joslyn Michelle permission to use images taken within this session in sample albums, marketing materials, editorial, online web presences, including but not limited to, website, social networks, blog, etc. Images may also be used in photographic competitions and for publication in which case the Client will release all profits from images.
This form gives Joslyn Michelle Photography & Design clients the right to print and reproduce high resolution images for personal use. Images may not be used for commercial use or editorial purposes without written consent from Joslyn Michelle Photography & Design. Joslyn Michelle Photography & Design retains all rights to all images.