The Fine Print – Please Read
The above mentioned retainer is NON REFUNDABLE // NONNEGOTIABLE.
This agreement is between Sydney Davidson and Client (hereby referred to as “client”). Both
parties agree to the following:
ENTIRE AGREEMENT: This agreement contains the entire understanding between Sydney Davidson Photography and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to amend this agreement is to do so in writing, and providing the document is signed by all relevant parties.
PAYMENT/RESERVATION: Upon your signature, Sydney Davidson Photography will reserve the time and date agreed upon. All deposits are nonrefundable. even if the date is changed or the event is cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The retainer, which will be $100 or 50% depending on the session chose. It is to be paid at time of signing the contract. The client understands and agrees that the remaining total owed for the service collection described in the contract is to be paid before or the day of the event. In the event that the full amount is not received by the date of service there will be no service provided by Sydney Davidson Photography.
CASUALTIES: IF Sydney Davidson cannot perform this Agreement due to fire or other casualty, strike, act of God or other cause beyond the control of the parties, or due to photographer’s illness, then the photographer shall return the deposit to the client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Sydney Davidson. In the event of file corruption or loss, a refund will be given with the exception of travel costs. In the event that Sydney Davidson fails to perform for any other reason, Sydney Davidson shall not be liable for any amount in excess of the retail value of the Client’s order.
CANCELLATION: In the event that the client cancels the deposit is nonrefundable nonnegotiable. Meaning the deposit cannot be used towards another session or service..
SHOOTING TIME / ADDITIONS: The day’s schedule and selected methodology are designed to accomplish the goals and wishes of the client in an effective manner for all parties involved. The client and Sydney Davidson Photography agree that positive cooperation and punctuality are therefore essential. Sydney Davidson Photography has the right to wait until the morning of to let the client know the exact location and time, due to best lighting and location. Services will commence at the scheduled time. Should any event start late due to any reason whatsoever, Sydney Davidson Photography will not be held liable for any photographs not captured. Should any event start early due to any reason whatsoever, Sydney Davidson Photography will not be held liable for any photographs not captured.
TRAVEL: The above-mentioned client shall pay Sydney Davidson for all extra costs that Sydney Davidson Photography may have for travel at a rate of $1.00/mile after 50 miles, one way. Balance of session must be paid in full no later than one week to the day prior to the session. Sydney Davidson Photography will view the event as cancelled if the second payment is not received.
COOPERATION: Client will assist and cooperate with Sydney Davidson in gaining any requested photographs, such as specifying the people and location to be photographed; assisting the photographer in posing at the photographers direction; pre-consultations, etc.. Sydney Davidson is not responsible for photographs that are not taken due to clients failure to be cooperative,communicative and of reasonable assistance.At no point at any time during the session are cell phone photos or videos allowed to be taken.
EXCLUSIVITY/GUEST MEDIA/DIGITAL RIGHTS: It is understood that Sydney Davidson Photography will act as the primary and sole photographer. Sydney Davidson Photography is not opposed to guests taking pictures or videos while we are working, just be advised that as you have hired Sydney Davidson Photography and if guests get in the way then we are less capable of completing our work, especially with excellence.
MODEL RELEASE: The client hereby assigns and grants Sydney Davidson Photography and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Sydney Davidson Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Sydney Davidson Photography may display and use the photographs taken for advertising, display, website and Internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, magazine advertising and any other purpose thought proper by Sydney Davidson Photography.
SAFETY: Sydney Davidson Photography reserves the right to refuse to work in any circumstance that places a team member safety or the safety of those being photographed in jeopardy or potential jeopardy. Sydney Davidson has sole discretion over the decision of safety.
SOCIAL MEDIA: Sydney Davidson Photography retains full creative control over all images produced during session. The client shall in no way alter, change or otherwise manipulate an image given them by Sydney Davidson Photography. These images are the very best work Sydney Davidson Photography has to offer and are fully edited with the highest standard of quality. This means photos will be adjusted for light, color and crop. Client understands that they may not alter the images in anyway as this is a copyright infringement. This is including with the use of cropping or social media filters. Client understands that no image is guaranteed. Some images may be retouched, but if there is specific retouching required by client in addition to what Sydney Davidson Photography has provided, client understands that Sydney Davidson Photography has the right to charge hourly for additional work to photos (as in removing people from photo, ect.) Hourly retouching rate is $300, with a minimum of 1 hour billed. Client agrees to not use screenshots of photos for any reason, including profile photos, cover photos or for any other online display. AT NO POINT MAY INSTAGRAM OR ANY OTHER SOCIAL MEDIA FILTERS BE APPLIED TO PHOTOGRAPHS CREATED BY SYDNEY DAVIDSON PHOTOGRAPHY. Client will find their gallery to contain web size downloads for social media use. Sydney Davidson Photography will also post images to personal and business social media accounts at its discretion, barring nudity, and will not remove an image once posted.This clause applies to all social media, including Facebook and blogs. When any product received from Sydney Davidson Photography is posted online it is required that proper recognition be given to Sydney Davidson Photography. The client agrees that they will under no circumstances alter the product’s that are placed in public on the internet. As an artist, Sydney Davidson Photography must require that all work placed online will be accurate representations of the work provided so that future clients have a healthy understanding of the products/services that they will receive. The client agrees to be responsible for any family member or friend who posts any Sydney Davidson Photography products online.
COPYRIGHT: Sydney Davidson maintains the copyrights of all images and hereby issues the client unlimited but non-exclusive rights to use or reproduce the purchased photographs. Client may not use photographs for commercial use. Photographs will be used for advertising and marketing by/at the photographer’s discretion. At no point will any raw photos be released to the client. If the client would like to buy out the copyright to photos owned by Sydney Davidson, the amount is $4,000 for the loss of use and any potential event loss. To avoid copyright infringement, cell phone photos or video are prohibited during the shoot without express permission from YOUR COMPANY NAME. No one but Photographer and Clients should be present at the time of the shoot to avoid distractions and to ensure the utmost quality of photos.
SATISFACTION/ACCURACY: The client agrees that the work delivered will be of a similar style and caliber to the work on the Sydney Davidson Photography website, and that the photographer(s) will be given creative liberty during the session and in post-processing. The images will be delivered in the form of an online gallery where all the edited images will be downloadable. The product(s) may be posted by Sydney Davidson Photography online, but this is not a certainty. The client agrees that the photographer can only capture the wedding that happens; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the final product(s).
TURN AROUND TIME: The photographs will be delivered to the client via digital gallery no later than 6 weeks after session. The client may request a USB of photos for $35.
CONCERNS: Client will have thirty days after gallery delivery to make Sydney Davidson aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to wedding day coverage. After this 30-day term has expired, Sydney Davidson will no longer be liable to client for any corrections, damages, refunds, re edits or re shoots. Re edits after this term may be made if deemed appropriate by Sydney Davidson, but the hourly fee of $300 for retouching will be billed with a minimum one hour required.
LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Sydney Davidson Photography will make every effort to secure a replacement photographer able and/ or willing to provide a similar collection as chosen in this contract at the same/similar price. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event collection. Sydney Davidson Photography takes the utmost care with respect to exposure, transportation and processing of images; including using professional grade equipment and professional grade backup equipment.
PROFESSIONAL MEDIA MANIPULATION: Sydney Davidson Photography will allow for limited professional media manipulation (if technically possible) on any of the photographs of the client’s choice. It is understood that if a technicality prevents Sydney Davidson Photography from performing requested media manipulation, or if a technicality prevents the final result to meet the client’s requirement, the client will reside with the fact that Sydney Davidson Photography has performed to its best ability with regard to the specific task and that Sydney Davidson Photography has no further responsibility towards said media manipulation.
SEVERABILITY: If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, the other provision of the contract will remain in full force and effect. Any provision of this contract found to be invalid or unenforceable in part or degree will remain in full force and effect to the extent not held invalid or unenforceable
CHOICE OF LAW: Sydney Davidson retains copyright ownership of all photos and they may be used for marketing, blogging or any other public use deemed appropriate. The only exception to this will be photos containing nudity.
This Contract shall be governed by the laws of the State of Oklahoma in Tulsa County and any applicable Federal Law.
In Agreement to the above mentioned terms, the Client and Sydney Davidson sign below:
In Agreement to the above mentioned terms, the Client and Sydney Davidson sign below: