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TERMS & CONDITIONS

(The Official Story)

DEPOSITS and PAYMENTS: Photography services in this section refer to those attained via Packages

A. If the Photographer requires a deposit, the following process shall be followed, as outlined in paragraphs A.1 through A.3:

1. The payment process begins when we agree on Photography services you would like to purchase, as well as a location where they will occur and a time. At this time, you, the Client, agree to make a non-refundable deposit of at least 50% of the total price, or estimate of the price, of the service(s) to be rendered. The deposit must be received at least 5 days before the agreed-upon session date.



2. The remaining 50% of payment, the balance, shall be paid on or before the day the Photography services are to be started, and specifically, before the Photography services actually commence.



3. If the Client declines to pay the balance as described above, the Photographer will not begin Photography services and the agreement between the Client and the Photographer for such services will be cancelled. Furthermore, the initial deposit of at least 50% will not be refunded to the Client.

B. If the Photographer does NOT require a deposit, the following process shall be followed, as outlined in paragraphs B.1 through B.3:

1. The payment process begins when we agree on Photography services you would like to purchase, as well as a location where they will occur and a time. At this time, you, the Client, and the Photographer have agreed on a price for the service(s) to be rendered.



2. The client agrees to pay the agreed-on price in full when the Photography portion of the purchased Package ends. The Client further agrees to make payment in the form of cash or check only.



3. If the Client declines to pay the agreed-on price in full, the Photographer will withhold all images taken during the Photography session, and the original agreement between the Client and the Photographer pertaining to all remaining items and/or services will be cancelled.

DEPOSITS and PAYMENTS: Photography services in this section refer to those attained via Hourly Rate

C. If the Photographer requires a deposit, the following process shall be followed, as outlined in paragraphs C.1 through C.3:

1. The payment process begins when we agree on Photography services you would like to purchase, as well as a location where they will occur and a time. At this time, you, the Client, agree to make a non-refundable deposit of $125 of the total price, or estimate of the price, of the service(s) to be rendered. The deposit must be received at least 5 days before the agreed-upon session date.



2. The balance shall be paid immediately following the end of the Photography services.



3. If the Client declines to pay the balance as described above, the Photographer will withhold all images taken during the Photography session, and the original agreement between the Client and the Photographer pertaining to all remaining items and/or services will be cancelled. Furthermore, the initial deposit of $125 will not be refunded to the Client.

D. If the Photographer does NOT require a deposit, the following process shall be followed, as outlined in paragraphs D.1 through D.3:

1. The payment process begins when we agree on Photography services you would like to purchase, as well as a location where they will occur and a time. At this time, the Photographer will quote you a price or a price range, based on, but not limited to, an hourly rate.



2. Once you, the Client, agree to pay the price for the desired service(s), or if a price range is presented, agree to pay a price which does not exceed the agreed-on price range, that price shall be paid in full at the end of the Photography session.



3. If the Client declines to pay the balance as described above, the Photographer will withhold all images taken during the Photography session, and the original agreement between the Client and the Photographer pertaining to all remaining items and/or services will be cancelled.

E. The following applies to Services other than Photography per se, as outlined in paragraphs E.1 through E.3:

1. For services other than Photography, including but not limited to Retouching, Restoration or Reproduction, which require an estimate whose amount is $100 or greater, a deposit of at least 50% of the estimate is required before such services will commence. Upon the Photographer's completion of the services, the Client will pay the balance of the final price of the services and receive the product of the services at this time.



2. If the Client declines to pay the balance as described above, the Photographer will withhold the product of the services, whereupon the Client has a period of 30 days to pay the balance. If, at the end of said period, the Client does not pay the balance, the Photographer has the option to permanently withhold the product of his services from the Client. Furthermore, the initial deposit of at least 50% will not be refunded to the Client.



3. For services other than Photography, including but not limited to Retouching, Restoration or Reproduction, which require an estimate whose amount is less than $100, the Client agrees to pay the balance in full upon the Photographer's completion of the services, and receives the product of the services at that time.



4. For the services and conditions described in paragraph E.3, if the Client declines to pay the balance as described above, the Photographer will withhold the product of the services, whereupon the Client has a period of 30 days to pay the balance. If, at the end of said period, the Client does not pay the balance, the Photographer has the option to permanently withhold the product of his services from the Client. Moreover, if the Photographer deems it necessary to pursue collection services to recover monies contracted, Capture Your Best may add collection, legal, and court costs to the unpaid balance.

COPYRIGHT TERMS & CONDITIONS

The following is intended as an informational guideline outlining the terms of a standard agreement you may expect when using my photographic services. As noted below, there are times when certain exceptions can be made.

The Copyright Act*, enacted into federal law, protects photographers by giving the author of the photographs the exclusive right to reproduce them. This means the right to control the making of copies. Once you become a paying customer of Capture Your Best Portraits & Retouching, and specifically, purchase photographic images produced by its photography, you will be granted Limited Reproduction Rights pertaining to said images only. Your Limited Reproduction Rights are defined as follows:

1. It will be understood that by the term "reproduction(s)," the means by which said reproduction is produced includes, but is not limited to, scanners, copying machines, computer software or any other reproductive process capable of producing a likeness of the image in question.
2. Unless otherwise stated or agreed upon, under no circumstances are any reproductions of your images (herein to be understood as the images you purchase) to be used for commercial purposes of any kind.
3. Any digital files you receive as part of your purchase are intended for the express purpose of producing prints and/or viewing on a personal computer for your own personal enjoyment. Unless otherwise stated or agreed upon, this does not include publicly displaying, publicly distributing, or publishing any reproductions of said digital files or prints.

PLEASE NOTE: There are circumstances under which you may be granted greater flexibility with regard to the public display, commercial use or publication of the images referred to above. Under such circumstances, you would be granted a Limited Usage License. The purpose of this is to specify the particular way you intend to use the images, what the purpose is, or what the timeframe is (if any), and so on. As an example, all the Model Packages come with a Limited Usage License, since these Packages are designed to enhance the model's or actor's career advancement, which is a commerical endeavor.

*The Federal Copyright Act encompasses additional rights granted to the photographer which are too involved to address here. To read about them in their entirety, please visit the U.S. government's official Website at Copyright Office

Terms & Conditions

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