This Agreement is made effective for all purposes in all respects as of the time and date of payment in any form or amount, by and between The Client, hereinafter referred to as “The CLIENT,” and Al Rahming Photography, hereinafter referred to as “the COMPANY,” relating to the product(s) and service(s) detailed below, hereinafter referred to as “Shoot(S)” or “Addon(s).”
This agreement represents the comprehensive understanding between the COMPANY and the CLIENT, superseding all previous and concurrent agreements between the parties involved. Any modifications or additions to this agreement must be made in writing via email and must bear the signatures of all parties involved. In the event that any part of this agreement is deemed invalid or unenforceable, the remaining provisions shall remain valid and enforceable. Any decision to waive one or more provisions of this agreement or any failure to enforce a provision shall not imply a waiver of any other provision within this agreement.
Booking, Cancellation, Payment & Rescheduling:
To secure the date(s) and time(s) for the SHOOT(S), a confirmed acceptance of these terms is necessary. There is no upfront requirement for the CLIENT to make a retainer payment upon booking. However, unpaid bookings will automatically expire and be removed within fourteen (14) days of the initial booking.
A non-refundable retainer fee, available through various electronic payment methods, may be paid in full at the point of sale. The COMPANY exclusively accepts electronic payments. In the event of a rescheduled or cancelled SHOOT(S), or if there’s a breach of contract by the CLIENT, the retainer fee is retained as credit, potentially covering damages incurred by the COMPANY.
Up until the point of cancellation, the CLIENT is responsible for any materials charges accrued by the COMPANY. Upon settlement of payment, the Client will receive a confirmation email. Cancellations can be made up to one week before the scheduled SHOOT(S)
Optional Payment Plans:
If the CLIENT chooses to request a payment plan, a 75% nonrefundable retainer is required within 3 business days after confirming this agreement, where applicable. Payments can be made electronically offsite using electronic invoicing or in-studio via credit or debit card. The final payment must be settled within 14 days post SHOOT.
In case of a delay in the final payment, a 14-day grace period will be provided. However, following this grace period, the CLIENT will incur data storage fees billed monthly for any outstanding balance.
Upon completion of the final payment for the remaining balance, the CLIENT will receive images from the SHOOT via a proofing gallery tailored to the nature of the shoot. After the CLIENT has made their final selections from the proofing gallery, they will receive the final images within 7-14 business days, unless an expedited delivery option has been purchased.
For any relevant SHOOT(S), the CLIENT commits to confirming the venue at least one week before the scheduled date, except for WEDDING SHOOT(S). Any changes regarding the venue must be promptly communicated to the COMPANY or its representative, who will acknowledge receipt of the notification.
The COMPANY retains the right to cease coverage and depart from the location of the SHOOT(S) under the following circumstances: if the photographer from the COMPANY encounters inappropriate, threatening, hostile, or offensive behavior from any person(s) present at the SHOOT(S), or if the safety of the photographer from the COMPANY is compromised.
Shooting Time / Additions:
The CLIENT and the COMPANY mutually acknowledge that cooperation and punctuality are fundamental in achieving the objectives and desires of all parties involved. Commencement of the shoot shall occur precisely at the designated start time and conclude at the designated end time as scheduled. In the event that the CLIENT fails to arrive at the agreed-upon time for the SHOOT(S), shooting will proceed as planned, commencing at the scheduled start time and concluding at the scheduled end time. Any additional time exceeding the scheduled end time shall be subject to billing for the CLIENT’s account.
Whenever deemed applicable, the CLIENT assumes full responsibility for all travel-related expenses, including but not limited to travel arrangements, accommodations, meals, and transportation, unless explicitly provided by the CLIENT themselves.
The COMPANY shall not be held liable for compromised coverage resulting from circumstances beyond the control of the COMPANY, including but not limited to disruptive guests, tardiness of the CLIENT or guests, adverse weather conditions, scheduling complexities, inaccurate addresses provided to the COMPANY, limitations imposed by decorations, or restrictions at the chosen locations. Furthermore, the COMPANY shall not be held accountable for unfavorable backgrounds or lighting conditions that may impede or restrict the quality of photo coverage. The COMPANY assumes no responsibility for any missed coverage of any aspect of the SHOOT(S). Additionally, the COMPANY cannot be held responsible for any failure to capture images of specific individuals or objects during the SHOOT(S).
Venue, Permits & Location Limitations:
The COMPANY operates within the parameters defined by the rules and guidelines set forth by the respective location(s) and site management. The CLIENT willingly acknowledges and accepts the technical outcomes resulting from these imposed regulations. It is the responsibility of the CLIENT to engage in negotiations with the relevant authorities for any potential adjustments to the guidelines, while the COMPANY may provide technical recommendations as needed. Moreover, the CLIENT assumes full responsibility for obtaining all required permits and permissions for the locations where the COMPANY will be rendering its services.
Copyrights & Model Release:
The photographs produced by the COMPANY are strictly protected and may not be reproduced in any form without explicit written permission from the COMPANY. In the event that the CLIENT receives a link to an online gallery hosted on the COMPANY’s website, the CLIENT’s limited copyright ownership of the resulting images will be specified. The COMPANY hereby grants the CLIENT permission to share the images on social networking platforms, with family and friends, and on vendor websites, provided that the images remain unaltered and proper textual credit is explicitly attributed to the COMPANY. Furthermore, the CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or those in which the CLIENT may be included, for editorial, trade, advertising, educational, and any other lawful purposes, in any manner and medium deemed suitable by the COMPANY. The COMPANY retains the freedom to modify the photographs without any limitations and to exercise full copyright over them. By agreeing to these terms, the CLIENT willingly relinquishes any claims to profits that may arise from the use of the images by the COMPANY.
Limit of Liability:
In the rare circumstances that the assigned photographer from the COMPANY is unable to fulfill the obligations outlined in this contract due to factors such as injury, illness, acts of nature, acts of terrorism, or any other unforeseen events beyond the control of the COMPANY, the COMPANY will diligently make every effort to secure a suitable replacement. However, if a suitable replacement cannot be found, the COMPANY’s responsibility and liability will be limited to refunding all payments received for the SHOOT(S). In the unlikely scenario that digital files are lost, stolen, or destroyed due to reasons beyond the COMPANY’s control, including camera, hard drive, or equipment malfunction, the COMPANY’s liability will be limited to the return of all payments received for the SHOOT(S). In the case of a partial loss of original files, the liability of the COMPANY will be limited to a prorated amount based on the percentage of exposures lost in relation to the total number of original files. Please note that the COMPANY cannot be held liable for any loss of images beyond the lesser of the final delivery of all products included in the package.
Delivery, Post Production & Printing:
The COMPANY shall not be held accountable for delivering every single image captured during the shoot. The selection of images to be delivered to the CLIENT is solely determined at the discretion of the COMPANY. In cases where applicable, if the CLIENT has not provided an initial selection of images for editing within a period of seven (7) business days, the COMPANY will proceed to make the selection on behalf of the CLIENT. Additionally, the CLIENT may request additional images within a timeframe of seven (7) days before the termination of files. It is important to note that the final post-production process, including editing styles, effects, and the overall aesthetic of the images, remains entirely at the discretion of the COMPANY.
Regarding the CLIENT’s right to print the images, the COMPANY holds the copyright to all the images produced. Therefore, in order to print or reproduce any of the images, we kindly request that the CLIENT seeks and obtains permission from the COMPANY. We value the integrity and quality of our work, and this approach ensures that the images are treated with the utmost care and respect. We are more than happy to assist our clients in fulfilling their printing needs and can provide guidance on the best options for preserving and displaying their cherished photographs.