Definitions:
“The Photographer” is Stacy Smith. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
Website:
The content and images used on this website are the property of and copyright by Stacy Smith Photography. Certain images may be utilized on other websites under the control of the photographer and/or Stacy Smith Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Stacy Smith Photography and/or the creator of the work.
Payment Terms:
Refunds:
The deposit will only be refunded if the photo shoot had to be canceled by the Photographer and there is no re-booking.
Booking Fee or Deposit:
A 50% deposit is required at the time of booking. This booking fee is non-refundable, and will be part of your final payment.
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Services:
Payment for services is due upon completion of the shoot.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced and payment is due at that time. Payment can be made by cash, check or credit.
If a deposit was taken prior to the work, the amount of that deposit will be shown as a credit on the invoice.
Booking:
The Client must speak with the Photographer about their expectations and deadlines for receiving retouched images. The shoot will need to be booked far enough in advance to complete all edits.
Cancellations:
Cancellations made within 24 hours to the session date and time will result in the loss of the deposit charged. For cancellations with 24 hours or more notice the deposit will stay available with the Photographer as credit for 12 months from the day of booking, in other words from when the deposit payment was made. In the event of long postponement the Client might be affected by rate changes.
Cancellations of photo sessions booked outside of the Photographer’s State will result in the loss of deposit unless the client is willing to travel to the photographer’s State within 12 and not past 12 months of booking.
Overruns:
The photographer may make additional charges should an assignment overrun
which is beyond the control of the Photographer
(e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief etc). If the work cannot be completed within the agreed amount of time, Stacy Smith Photography
and the client agree to amend the contract either verbally or in writing,
to provide for additional time as required to complete the work.
Example: if a photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the photographer or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to the client. The client will receive all work product following payment.
Conduct:
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms:
Copyright:
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Stacy Smith Photography retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms.
This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image
at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by Stacy Smith Photography, the magazine pays you for the image. You owe Stacy Smith Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from Stacy Smith Photography to a commercial web-site for sale to the public or for other financial gain. You owe Stacy Smith Photography 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. A simple copyright statement should be placed near or on the image, and notification of use is communicated to Stacy Smith Photography. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Stacy Smith Photography. By sending your deposit for booking, you agree to these terms
and agree to indemnify and hold harmless Stacy Smith Photography.
We do collect your personal information when you pay online, we do not sell or share any of the information collected for our own gain.