Terms + Conditions
in the following terms & conditions “the photographer” shall mean shore thing creative,llc as michelle mallon Photography. “The clients” shall be those persons defined as responsible party on the signed agreement. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
DISPLAY
The client hereby allows the Photographer to display any photograph covered by the contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
deposit and payments
The 50% deposit must be paid in full at the time of booking. This deposit secures the time and services of the photographer for the session and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sessions that are postponed to a later date will retain the deposit as long as the Photographer can re-schedule for the new date and time.
Following payment of the deposit, balance of any fees due is to be paid on, or before the date of the session. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and albums is to be made when they are ordered.
Copyright, coverage and Reproductions
All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.
Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
Client Usage
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screen shot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images.
If the Client is obtaining a print for reproduction or publication, the Photographer authorizes the Client to reproduce the print only as agreed upon by Client and Photographer. In such event, the Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
Attendance
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, the Photographer warrants that the photographer taking the photographs shall be a competent professional.
PERSONAL ACCIDENT
Any directions issued to clients, their guests or party during a photography session are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photography session.
force majeure
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Retouching
All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.
DELIVERY
The Photographer will deliver digital negative files as quickly as possible, a reasonable time frame to expect is 10 days to 2 weeks. However this could take up to 3-4 weeks during busy periods.
Complaints
Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Delaware.