In the following terms & conditions “the photographer” shall mean Premier Impressions. The ‘Client’ refers to ‘Your’, ‘You’ the individual or organization who hires the photographer on a freelance basis. ‘Image’ and ‘Photographs’ refer to all photographic production by Premier Impressions. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. Copyright and display
Any images or copies of images whether stored digitally or otherwise and on any computer program including any source or object code, computer files or printed documentation relating to such images are protected by international copyright laws. It is contrary to international copyright laws to copy or allow any images to be copied photographically, electronically or created by any other means as part of this agreement without the prior permission of ‘Premier Impressions’, The Photographer(s) or the Client’s in writing. Negatives/Digital RAW files remain the sole property of ‘Premier Impressions’ and will not be available to the Client. All other photographic materials, including but not limited to transparencies, proofs, previews and digital files, shall be the exclusive property of the Client and ‘Premier Impressions’ only.
You agree that ‘Premier Impressions’ may display and use images taken at your event for their studio; on any display areas in public or in private; for exhibitions, competitions, advertising, websites, social media networks and has the right to sell, re-sell or auction off your images for profit and for any other purpose deemed appropriate by Premier Impressions.
‘Premier Impressions’ and you the client own the Copyright to all images created from your event. The images are licensed to you the Client for sharing or displaying electronically with Family and Friends and for printing by you the Client as mentioned in this agreement.
2. Photography & Creative License
The Photographer(s) will document your event in a candid documentary style and will choreograph shots at their will. Premier Impressions’ shall be granted artistic licence in relation to the poses photographed and the locations used.
You the Client will be responsible for appointing an events manager who will be responsible in bringing any specific shots i.e. formal shots of family members etc to the attention of the Photographer(s).
Prior to and or during the event, you may inform the Photographer(s) of any subjects or styles in which you would like the event photographed. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer/s 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 an the availability and willingness of subjects.The final content of the images produced is at the discretion of the Photographer(s).
For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
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.
3. Booking Fees and Refunds
A booking fee of 50% of the projected total fee is payable at the time of booking, this can be made online via PayPal.
Premier Impressions will secure the time and date agreed for the event(s) and day(s) mentioned on your booking application.
The booking fee is non-refundable and non-transferable in the event of cancellation by you the Client
The booking fee is credited towards the total amount quoted for the event and or services offered which is non-refundable except in any situation where the Photographer(s) cancels this agreement or is unable to perform.
‘Premier Impressions’ will not refund any monies once the event has taken place. In exceptional circumstances should the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Client and ‘Premier Impressions’ and only when no photos have been produced will entitle the Client a full refund.
4. Payment
Payment in full of the remaining balance will be due at the day of the event
Additional goods ordered must be paid for in full at the time of ordering.
Titles to all goods remains with the photographer until paid for in full by the client(s)
5. Images
You will receive images either via link (to download) or USB (provided by the client)
All final image sizes are nominal.
The Photographer will color balance all photographs which they deem to be appropriate but cannot guarantee exact color matching owing to anomalous reflectence caused by a combination of certain dyes and materials especially man-made fibers and or anomalous lights. It is sometimes impossible to record on film or digitally the exact color as seen by the human eye.
Digital proofs will be ready approximately within 8 to 12 weeks after the date of the event(s).
‘Premier Impressions’ is not liable to provide every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Premier Impressions.
‘Premier Impressions’ will maintain backup copies of the images in archives for a period of 3 months at which time the client may request all JPEG files to be sent (link) or copied on USB again at an additional cost .
There is no minimum or maximum amount of images you will receive.
All digital negatives (computer files) remain the property of the photographer.
6. Image Post Production
Retouching or editing; digital manipulation and artist finishing is available to you as an Optional Extra. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer(s).
The number and style of photographs delivered to the client by Premier Impressions shall be deemed correct.
The Client will not make decisions about which photographs are edited, in what manner or by what means unless this service is taken out as an optional extra.
7. Printing Quality and Third Party Printing
‘Premier Impressions’ cannot accept any responsibility or liability for color balance or quality of any Prints reproduced from the files that are supplied to Third Party Printers or online photo processing shops.
8. Limitation of Liability and Indemnification
In the unlikely event the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Photographer(s) and or cancellation of this agreement by either party or in any other circumstance; the liability of ‘Premier Impressions’ shall be limited. ‘Premier Impressions’ will not be liable for any direct, indirect or any consequential loss and will be free from any damages, claims or lawsuits brought against the Photographer(s) or Premier Impressions.
Client shall indemnify and hold Photographer(s) harmless from and against any claims made by any other person or entity resulting from the presence and performance of Photographer(s) services under this agreement.
The Client agrees that this entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits the Photographer’s liability to refund the full amount paid under this agreement.
Client shall indemnify and hold ‘Premier Impressions’ harmless from any loss, damage or liability resulting from the Client’s violation of the terms of this Agreement or any agreement involving Client and the Photographer(s).
9. Force Majeure
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.
In the event of The Photographer’s illness or any other emergency and as a result the Photographer is not able to provide the agreed services. We cannot guarantee but will try our best to provide you with a competent substitute professional photographer.
We do not guarantee but reserve the right to appoint another Photographer to photograph your event on behalf of the initial Photographer at short notice.
10. Personal accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
11. Cancellation
The Client may cancel the shooting at any time by giving written notice to Premier Impressions, but in doing so shall forfeit any monies paid.
Events that are postponed to a later date will retain the fee so as long the Photographer(s) can re-schedule for the new date and time.
‘Premier Impressions’ may cancel this agreement prior to the date of your event by written notice to the Client and will refund in full, any monies including any deposits that the Client has paid to ‘Premier Impressions’.
All cancellations must be in writing.
12. Travel Subsistence and Expenses
For attendance at venues outside of the City Limits of Greenville, OH; travel costs beyond these areas are chargeable and will need to be paid in advanced by the client before the date of the event or arrange necessary transport for the Photographer(s). This is usually included in the final price quoted to you.
Where the Photographer(s) is required to travel outside the agreed venue(s) on your booking application form, this will be chargeable separately to the client at the Photographer(s) discretion.
Where the event requires an overnight or longer stay, whether in the USA or abroad, hotel and travel expenses is to be fulfilled by the client or the appropriate sums paid in full to the Photographer(s) in advance of the event allowing enough time to book relevant dates, modes of transport and the booking of accommodation.
The Client shall reimburse the Photographer(s) for any additional expenses occurred to the Photographer(s) for which the Client is liable; and for any other adverse costs expected or unexpected as necessary in fulfilling the services mentioned unless otherwise directed by the Client.
13. Complaints
Any complaints should first be raised by the Client with Premier Impressions in writing within 5 working days from the date of receipt of the images. Any complaints made after 5 working days from the receipt of the images will be void.
14. Independent Contractor
This agreement is not to be construed as an employment Contract in any way; ‘Premier Impressions’ functions as an independent contractor and the Photographer(s) are freelancers.
15. Receipt of services
You are required to confirm the receipt of all paid services to Premier Impressions once you receive them.
These Terms and Conditions are governed by the laws of Ohio and the USA