Below are the terms and conditions of working with Abby Schafer Photography (ABI-G, LLC)
You have been directed here by the link on the booking request form. By checking the box on that form, you are stating you have read and agree to the terms below.
Terms and Conditions (Contract) For Services
Portraits being requested by client.
Description of Services
This agreement constitutes an order for photography services. It is agreed to by both parties, Photographer and Client, as described on the request form. Client agrees to pay total amount by the final due date as defined in the package invoice.
Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold, edited, or used in advertising unless otherwise specified by the Photographer.
The Client may share photos or albums through use of the share functions and dissemination of direct links or credit the photographer. Client shall not edit, crop, apply filters to, or alter images in any other fashion.
It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media sites, and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
Delivery of Photos
No part of any order, including previews, will be delivered until the balance is paid in full. Please allow two weeks for delivery of digital image files. In accordance with industry standard no unedited or RAW image will be distributed.
Limitation of Liability
Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to total amount defined in the attached invoice.
Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
Client acknowledges that they are familiar with the Photographer’s portfolio and is requesting services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use his personal artistic judgment to create images consistent with his personal vision of the Event, which vision may be different from the Client’s and/or the Subject’s vision of the event. Photographer shall be solely responsible for determining whether an image is usable, and for all creative decisions. Images produced under this Agreement that are deemed by Photographer to be unusable shall not be provided to Client. Accordingly, Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or aesthetic criteria. Final images shall be adjusted for correction of color and exposure, with no more precise adjustments or retouching, though Photographer may choose to do some as deemed necessary.
On behalf of all attendees of the event, Clients hereby grant the following rights and permissions to Photographer, his legal representatives and assigns, those for whom Photographer is acting, and those acting with his authority and permission. Photographer has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of those photographed, including any minors, or in which any 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 adult's or minor's own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer's studios or elsewhere, and in any and all media now or hereafter known, including the Internet, for art, advertising, trade, or any other purpose whatsoever. Clients also consent to the use of any published matter in conjunction with such photographs. Clients specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Clients waive any rights they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the uses to which it may be applied. Clients understand that the images of those photographed, including any minors, may be used in print or on the Internet. Clients nevertheless consent to this use. Clients release, discharge, and agree to hold harmless and defend Photographer, his legal representatives or assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. Clients hereby warrant that they are legal and competent adults and have legal authority to make such an agreement on behalf of any minor present at the wedding. Clients state further that they have read the above authorization, release, and agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Clients, and Clients’ respective heirs, legal representatives, and assigns.
Digitally checking this acknowledgement form has the same effect as manually/digitally signing a paper/digital original contract
This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.
This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.
I agree to the terms and conditions