Terms And Conditions
All photographs will be taken and professionally edited by SWORDS OF NINE. DESCRIBE WHAT IS INCLUDED HERE (EX. DIGITAL IMAGES, DELIVERABLES, PRINT CREDITS, ONLINE GALLERIES, ETC.) Digital photos will be made available via a personal online gallery. All digital images will be delivered as high-resolution JPEG files in an online gallery.
Fees:
The fee for coverage and all included services is (in addition to all travel expenses and permit fees) This includes DIGITAL IMAGES, PRINTS AND OR PRODUCTS, ONLINE GALLERIES, GRAPHIC DESIGN, VIDEO AND PHOTOGRAPHY SERVICES RENDERED. Online gallery, digital processing of the camera RAW files, and all density and color corrected high-resolution images in JPEG format, and printing rights. This contract grants printing rights and the client understands Swords of nine Photography retains copyrights to all photographs OR art work and hereby grants the Client unlimited but non-exclusive rights to print or reproduce stated photographs. Swords Of Nine dose not guarantee any print products not purchased through SON. Copyright © SWORDSOFNINE 2021. Additional hours of photography are available for /hour, which is due prior to exit at the end of the session by either personal check or cash. Prior to session, clients must finalize with the photographer a schedule of hours, location(s), and other important details to ensure S.O.N can render services to standards.
1.Retainer and Payment. Upon your signature, Swords Of Nine will reserve the time and date(s) agreed upon and will not make other reservations for that time and date. The Client shall make a non-refundable retainer of %50 of total cost to the Photographer to perform the services agreed. The full amount of + any agreed-upon additional travel fees (see section 16) must be paid at least 1 week prior to the date of session. A late fee of $25 will be applied if not paid in full. No services will be rendered until full payment is made. No photos shall be released until full payment and all outstanding invoices are paid.
2.Cancellation. If the Client requests to amend or cancel this agreement the photographer need notice (one week for sessions and 3 weeks for wedding/large events) prior to the stated date,.if in time frame the retainer shall be applied to a mutually agreed upon rescheduling date with an applied rescheduling fee of $25. If the Client cancels this agreement or fails to show to the date of the event, all payments made to Swords of nine shall be forfeited. The client understands and agrees that the Photographer will not book other sessions or weddings during this time. In the event that Client cancels for any reason, the Photographer shall suffer losses that are difficult to ascertain. NO payments will be refunded due to the client’s error.
3. Late Arrivals. In the event the Client is late arriving to the scheduled time a late fee will be applied $25. If the Client is significantly late the photographer has the right to cancel session. Client understand any late arrivals can affect the coverage allotted for the session.
4.Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
5.Photographic Materials. All photographic materials, including but not limited to, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The online gallery shall remain open for one month after delivery. If the Client requests to extend the time or needs S.O.N to reopen the gallery a fee shall apply. Be advised that RAW files may be destroyed at any time after the online gallery has closed, Only JPG files will be available and additional editing my not be available.
6.Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desired to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
7.Client’s Usage. The Client Shall only use the prints, including digital files, in accordance with the permissions within this agreement. Printing rights are granted. The Client’s prints are for personal use only, and shall not be submitted into contests, reproduced for commercial use, or authorize any reproductions by parties other than the Photographer. S.O.N Photography retains copyrights to all photographs OR artwork and hereby grants the Client unlimited but non-exclusive rights to print or reproduce stated photographs. S.O.N does not guarantee any print products not purchased through S.O.N. Copyright © Swords Of Nine 2021. The Client must act in accordance with this release.
8.Social Media. The Client may share blog post links, Instagram posts, and Facebook albums through the use of the share functions and dissemination of direct links or in any other fashion the Photographer provides. The client shall not copy, screenshot, or capture the photographs in any other fashion (Ex. saving or screenshotting on Facebook/Instagram). The Client must credit/tag swords of nine in any posts or shares of their own.
9. Capturing Desired Photographs. The Client(s) will be responsible for designating an Event Guide if desired. The role of the Event Guide is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that the client(s) develop a list of desired poses, locations, and subjects (family and friends; items; etc.) and share this with the photographer 2 weeks before the wedding if desired. The photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The Parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. SON is not responsible for key individuals’ failure to be present or to cooperate during the photography session, neither for missed images due to details not revealed to S.O.N.
10.Sole Photographer. It is understood that S.O.N will act as the sole and exclusive wedding photographer. Swords Of Nine reserves the right to bring one assistant at their discretion. Since flashes from guests’ cameras and guests blocking ceremony shots may ruin shots taken by S.O.N, the client(s) acknowledge(s) that they are responsible for notifying their guests that guest photography shall be limited and not at the expense of the professional Photographer’s work.
11.Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, unsafe environment, threat, the act of God, or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. The Photographer will arrive at the wedding to the best of their abilities. If coverage and photographic services cannot be fulfilled by Allie Nicole or a replacement chosen at the discretion of the Photographer, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to, camera and processing or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. Adventurous Honey will not be held responsible for any ruined photographs due to guests’ (or any other) flashes, or any other ruined photographs due to any other cause in or outside of control.
12.Substitute Photographer. The Photographer reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
13.Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
14.Indemnification. The Photographer shall be held harmless for any and all injury to the client during the course of the photography session and the immediately surrounding events.
15.Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
16.Travel & permit fees. The Client shall reimburse the Swords Of Nine for any additional costs the Photographer may incur, including but not limited to travel, gas, permit fees, etc. Anything within a 30-mile radius of Millbrook IL is included. Any location outside of that distance may require a travel fee of .50/mile roundtrip.
travel engagement Fee: This fee will be Invoiced separately if applied.
Permit Fee: This fee will be Invoiced separately if applied.