TERMS AND CONDITIONS
The following describes the terms and conditions that apply in a photography agreement between the "Client/s" and Aperture Alley Photography (“Photographer”). It contains the entire understanding between the Client and the Photographer, and it supersedes all prior and simultaneous agreements between the parties. Additions or changes (e.g., waiver of a provision) must be in writing and signed by all parties.
The photographer shall be the only photographer and he has photography priority. Family, friends, and guests are permitted to take their own photographs, but their activity must not interfere with that of the Photographer. We cannot be held liable for a lack of photos if guests taking their own photos of the Client interrupt the Photographer's work.
A non-refundable deposit of minimally 20% of the total is due on the day of the commission. Full payment is due 7 days prior to the scheduled event/session. Client cancellation of this agreement within a week of the scheduled shoot results in a charge that, combined with the deposit, shall be 50% of the amount due. The Client agrees to pay all collection or court costs.
Limit of Liability
If the Photographer cannot supply the photography services specified above due to illness, the Photographer will make every effort to secure a replacement photographer with whom a new agreement has to be negotiated. If a replacement photographer cannot be found, liability is limited to a refund of any payments received minus the Deposit. If the Photographer cannot perform his services due to circumstances out of his control, or if images are lost, stolen, or destroyed, liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
The Client may choose to provide a list of desired frames (images) to aid the Photographer in capturing moments of particular importance. This could, for example, include a timeline of when those frames will take place. Also possible are specifications about preferred framing, subjects (e.g., special individuals). While the Photographer will make every effort to meet the Client’s wishes, unpredictable factors of event photography including lighting, technology, and time put limitations on what is possible. The Photographer can therefore not guarantee that the desired frames can be delivered.
Pre-Event Consultation (Event only)
Via phone or in-person, the Client outlines what photography is required broadly and what images are of particular significance, which provides the Photographer with relevant information to advise on planning, logistics, and timings needed to secure the desired frames. If needed, a secondary consultation closer to the event (e.g., 2 weeks prior) can be arranged to discuss additional detail. Two to three days before the event, the Photographer and the Client should have a final phone conversation to discuss last-minute changes.
Cooperation & Photographer’s Adviser (Event only)
The Client and the Photographer consent to cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. To that end, the Photographer may be connected with a client-recommended Adviser, who is familiar with the event and the attendees to point out key individuals and/or moments to be photographed. This could be in the form of a cue, announcing key moments such that the Photographer has sufficient time to prepare (e.g., speeches, significant or emotional points, etc.). In all cases, the Photographer will minimize the interaction with the Adviser to brief moments, so as not to interfere with the Adviser’s event participation. While the Photographer will make every effort to capture all relevant moments and attendees, it should be emphasized that not all guests like to have their photo taken. In such cases, the Photographer will use his discretion but cannot be held responsible for a lack of photos of these individuals.
Our shooting schedule, style of working, and experience are designed to capture a set of memorable photos for the Client. This is only possible if both, the Client and the Photographer, agree to punctuality. In cases where the event deviates from the schedule (e.g., client and/or participant tardiness, general delay, etc.) we cannot guarantee to take our normal set of photos, although in such circumstances we will do our absolute best to compensate and adjust for the situation. Frequently, certain shots can only take place at a set time the day (e.g., sunset shot). Should it become impossible to go forward with the planned session (e.g., Client arrives in the dark for a sunset shot), we reserve the right to charge the full amount of the session without deliverables.
Photographers are bound by house rules (e.g., registrars, ministers, venue management, etc.), which limits how photographs can and cannot be made. Examples are bans on using flash or stipulations on the Photographer’s position. In such circumstances, the Clients agree to accept associated technical limitations. We advise the Clients to make themselves aware of the rules of the venue concerned and, if necessary, negotiate with the house personnel. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
** The copyright of photographs remains with the Photographer. **
The Photographer grants the Client permission to make copies for personal use; however, the distribution of digital files to Client friends and relatives is prohibited. Sale, publication or any commercial use of the photographs is not allowed.
The Client grants the Photographer permission to display selected images resulting from this assignment as an example of the Photographer's work (e.g., on the Photographer's website or social interfaces) and for entrance into photographic competitions. The Client releases all claims to profits that may arise from the use of images.
The Clients grant the Photographer and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction, and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.