AGREEMENT OVERVIEW: This Agreement expresses the full and complete agreement between the CLIENTS (Hereafter referred to as CLIENTS) and IMPERIAL PHOTOGRAPHY (Hereafter referred to as IMPERIAL PHOTOGRAPHY) regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties.
COOPERATION: Unless otherwise noted, IMPERIAL PHOTOGRAPHY, its associates or employees will be the exclusive photographer(s) at this portrait photography shoot. The CLIENTS agree that good faith cooperation and communication between them is important in obtaining a good result. CLIENTS must also notify IMPERIAL PHOTOGRAPHY and photographer(s) in writing if they wish to have anything photographed in a particular way. IMPERIAL PHOTOGRAPHY or the photographer(s) will not be held accountable for not photographing desired portraits if there is no one to assist in identifying these particular details and photographs on the day. IMPERIAL PHOTOGRAPHY is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to IMPERIAL PHOTOGRAPHY or beyond the photographer(s) control.
HO– USE RULES: CLIENTS agree and understand that the photographer(s) are limited by the guidelines of the location site/venue management/government rules and CLIENTS agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the CLIENTS responsibility. If CLIENT appears under the influence of alcohol or drugs during the shoot, IMPERIAL PHOTOGRAPHY has the right to cancel the shoot immediately due to liability and health concerns arising.
IMAGES and COPYRIGHTS: Photographs/images produced by IMPERIAL PHOTOGRAPHY are protected by Copyright Law (all rights reserved). Upon final payment by CLIENTS, CLIENTS are allowed to display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of IMPERIAL PHOTOGRAPHY. CLIENTS will receive a high-resolution digital disk/USB with printing rights. When publishing the photos socially or commercially, IMPERIAL PHOTOGRAPHY must be noted as the photographer. The CLIENTS must obtain written permission from IMPERIAL PHOTOGRAPHY prior to the CLIENTS, their associates, friends or relatives selling the photographs.
IMPERIAL PHOTOGRAPHY does not provide any unedited images to CLIENTS as it does not represent the quality IMPERIAL PHOTOGRAPHY strives for. IMPERIAL PHOTOGRAPHY takes pride in the edited images, and images will not be delivered if they do not meet IMPERIAL PHOTOGRAPHY’s quality standards. Whilst IMPERIAL PHOTOGRAPHY’s editing style is quite complimentary, please note below, what defines IMPERIAL PHOTOGRAPHY’s “edited” images. IMPERIAL PHOTOGRAPHY’s edited images include colour correction, colour enhancements, exposure correction, and shadow and highlight recovery, lens correction, and a little artistic flare. IMPERIAL PHOTOGRAPHY’s edited images do not include retouched or photoshopped images. This is a service IMPERIAL PHOTOGRAPHY does not usually offer. Retouching/photoshopping images can be an art form in itself and can require extensive, skilled work. IMPERIAL PHOTOGRAPHY can however lead you in the right direction and offer guidance on the best place to source this. Please note, IMPERIAL PHOTOGRAPHY will retouch photos within a collection. This is at IMPERIAL PHOTOGRAPHY’s own discretion whilst editing and usually does not extend beyond a handful of images. Eg. IMPERIAL PHOTOGRAPHY will fix a large pimple, or smooth the skin on what she thinks to be “the money shot”. For photoshopping/retouching please get in touch with us for our services and/or to outsource a quote.
MODEL RELEASE. The CLIENTS hereby grants to IMPERIAL PHOTOGRAPHY and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release IMPERIAL PHOTOGRAPHY and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from or related in any manner to IMPERIAL PHOTOGRAPHY’S use of said images.
RETAINER & PAYMENT SCHEDULE: 50% deposit is required at the signing of this agreement. This is a NON-REFUNDABLE RETAINER. Should CLIENT not show up to the scheduled appointment, cancel the appointment or otherwise breach this Agreement, the NON-REFUNDABLE RETAINER shall be liquidated for damages to IMPERIAL PHOTOGRAPHY. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the retainer shall be applied towards the Final Total, with the remainder of charges payable in full, prior to the photo shoot. If extras are added on the day of the photo shoot, payments must be paid before the disk is handed over to CLIENTS, approximately 1-4 weeks after the event.
LIMIT OF LIABILITY: In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, IMPERIAL PHOTOGRAPHY will contact the CLIENT as soon as possible, to arrange another suitable date and time. IMPERIAL PHOTOGRAPHY takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond IMPERIAL PHOTOGRAPHY’s control. CLIENT agrees that IMPERIAL PHOTOGRAPHY or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event.
COMPLETION SCHEDULE: Images are expected to be edited within 1-4 weeks after the photo shoot date. CLOUD-BASED/CD/DVD/USB delivery is expected within this time frame but may take longer. Prints/canvases/frames and extras will be available anywhere from 2-6 weeks after they are ordered. These items can be picked up from IMPERIAL PHOTOGRAPHY’s home studio by appointment only (please email IMPERIAL PHOTOGRAPHY and ask for current address). Contact us if you need a mail/shipping quote.
BOOKING IMPERIAL PHOTOGRAPHY: Please fill the below form out carefully. We will use this information to help understand our responsibilities on the day.Once you have submitted this agreement and booking form, you will receive an email with a copy of this agreement, along with your current owing invoice and bank details. We will then confirm your booking once the 50% deposit has been received. Please send a confirmation email when you make any payments. You can take the initiative and send the form back with any updates via email.