TERMS AND CONDITIONS
1. It is understood Davis Photography is the exclusive photographer retained to perform the photographic services requested on this Contract.
2. Retainer: The sitting fee is due in full at the time of the sitting. No part of any order will be delivered until the balance is paid in full.
Payment Stipulations: There is a $25 fee for any returned checks. In the event of a previous returned check by client, studio reserves the right to refuse payment of checks in the future, in which case cash, money order, cashier's check, and debit/credit will be accepted.
3. Location Costs & Fees: If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. The Session Fee covers travel within 25 miles of Denver, CO. Any location outside of these limits will be subject to an additional charge of $.65/mile as part of the agreement.
4. Davis Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Davis Photography in the event of litigation arising out of such use. Digital files and previews remain the exclusive property of Davis Photography.
5. Upon signature of the contract, Davis Photography shall reserve the time and date agreed upon. If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the session fee is due immediately.
6. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Davis Photography, photographer may elect to reschedule the portrait sitting.
7. If Davis Photography cannot perform this Contract due to casualty, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return the sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Davis Photography fails to perform for any other reason, the Studio shall not be liable.
8. The charges in this Contract are based on Davis Photography’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.
9. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce photographs without Davis Photography’ permission, and violators of this Federal Law will be subject to its civil and criminal penalties. NOTE: A digital download with high-resolution digital images including a copyright license may be purchased
10.This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.