Photography Session Terms and Conditions
This is a contract for personal photography services to be provided by the Photographer. The agreement is between Sarah Havens Photography, hereinafter referred to as the "Photographer", operating in the town of Reichenbach-Steegen, Germany and the "Client", collectively referred to as the "Parties", with the photography session detailed below.
[I] Agreement Overview
These terms and conditions contain the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreement between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The Party against whom a waiver is sought to be effective must have signed a waiver in writing.
[II] Reservation of Date
A given consent to these terms and conditions (by clicking the “I AGREE” button at the end of this statement) and the payment of a 100 € deposit are required to reserve the date and time of the session/event. A session/event will have to be scheduled or rescheduled within six months after agreeing to this contract. After six months, this contract and the stated prices are not guaranteed and the Photographer reserves the right to cancel or renew the contract with updated prices.
[III] Session Fee and Down Payment
The Session Fee (total price of collections) includes a consultation either via em-mail, in person or on the phone, a customized session and full retouch on all purchased images. The Session Fee refers to collections and includes amounts of images as stated in the collection. Images and products are chosen at the time of an ordering appointment. A payment of the full session fee is required for all sessions/events before any images are released. In the event of cancellation (from the Client) within one week prior to the session/event, the deposit is not to be refunded. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until the down payment of 100 € is received.
[IV] Change of Date or Venue
If a session/event will need to be rescheduled by the Client within a week or less prior to the date of the session/event, a rescheduling fee of 10 € will be invoiced. The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of session/event. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all the arrangement at least one week prior to the session/event. In the event of change of address, contact information, time of session/event, etc. as listed, the Photographer must be notified. If a session/event is rescheduled by the Client more than three times, the Photographer reserves the right to cancel the contract. In this case, the session fee and rescheduling fees shall be liquidated for damages to the Photographer.
[V] Failure to Perform
The Parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from schedule complications caused by, but not limited to, anyone in or at the session/event, or by the location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the Client or other participants. The Photographer is not responsible for the lack of coverage due to weather conditions, rules and restrictions of venue or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer recommends that the Client points out important individuals for photographs during sessions/events, that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during sessions/events or for missed images due to details not revealed to the Photographer.
There shall be no refund of the down payment after agreeing to this contract and the reservation of the photography date. If the session/event is cancelled within one week prior to the session/event, the deposit is non-refundable. Once a balance is paid, it is non-refundable.
[VII] Copyright and Print Release
Title (possession) of and copyright to all products shall remain with the Photographer. All photos are copyrighted. The digital images created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce or post online in forums or elsewhere without the written permission of the Photographer. Violations of this federal law will be subject to its civil and criminal penalties. If purchasing high-resolution images, Clients will be given a written print release to make personal copies of the images. The Client understands that the images given cannot be used for profit or advertising.
[VIII] Model Release
The Client hereby assigns the Photographer the irrevocable and unrestricted right to use and publish any images of the Client and/or any minors in which the Client and/or minor may be included in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the Client's/minor's own or a fictitious name, or reproductions thereof in color or otherwise and to alter and copyright the same without restriction. The Client releases all claim to profit that may raise from use of images. The Client consents to the use of any image created under this contract, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; The Client waives the right to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied. The Client warrants being of full age and having every right to contract for any other persons/minors in the above regard.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the session/event. Travel fees for locations further away are pre-determined (1,00 € per extra km outside a 20 km radius from location 66879 Reichenbach-Steegen, Germany) and can be added on to the initial session fee after location determination. Clients are responsible for all location fees and permits.
[X] Creative License
Images are edited at the Photographer’s discretion, and delivered prints may not include all images taken. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards.
[XI] Reviewing and Ordering Appointment
The Client will be able to review the final images (for weddings/events, depending on the agreement, this might change) at the ordering appointment about two weeks after the session/event. At this time, the Client will be able to choose images as well as Add-On-Products such as wall art or albums. The ordering appointment will be held at the Photographer's location (Hauptstraße 60 / 66879 Reichenbach-Steegen). At this point, the final decision makers should be present. Images will be available for purchase one month only. If the Client does not purchase any images within one month after the ordering appointment, all images taken will be purged. All sales are final.
[XII] Online Gallery
Any purchased digital images are delivered through an online gallery for the Client to download. Only the final edited high resolution JPEG images will be delivered. The photographer reserves the right, not to release RAW files or any unedited images. The Client will be given print release to make personal copies of the purchased images.
The Client agrees to the prices as stated on the website. Once the client has agreed to these terms and conditions, prices are guaranteed for six months. If the session/event is not held or rescheduled within six months, this contract and the stated prices are not binding and the Photographer reserves the right to cancel or renew the contract with updated prices. In case of contract cancellation, the non-refundable down-payment and rescheduling fees shall be liquidated for damages to the Photographer. All stated prices are in Euro and include 19% Sales Tax.
The full down-payment of 100 € is due upon booking. No photography will be fulfilled without received payment. Products not included in this initial agreement, such as additional images, prints, wall art or Albums can be purchased at the viewing and ordering appointment about two weeks after the session/event. Product pricing will be guaranteed for 30 days after the day of the ordering-appointment; after that point, all prices are subject of change without notice. Payments of any kind are due within 10 business days upon invoicing. After 10 business days, a late fee will apply. No service/product will be delivered until payment is received in full. Accepted payment methods are cash and direct deposit. VAT forms are accepted.
These stated terms and conditions expire in 30 days. If not agreed to within 30 days of receiving, the Photographer reserves the right to cancel or renew any terms and conditions. Once consent is given, the agreement expires six months from date of signing. If the session/event has not been held after six months, the Photographer reserves the right to cancel or renew the contract with updated conditions. In case of contract cancellation, the session fee and rescheduling fees shall be liquidated for damages to the Photographer.
The Parties agree to the above terms and conditions, and acknowledge that they have received, read and understand every part of the Agreement as well as the Photographer’s current price list.
This agreement is binding and all sales are final.
By filling out and submitting this agreement, the client states that all terms and conditions have been read, understood and agreed upon.