TERMS & CONDITIONS
(The Official Story)
DEPOSITS and PAYMENTS: Photography
services in this section refer to those attained via Packages
- 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 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.
- 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.
DEPOSITS and PAYMENTS: Photography
services in this section refer to those attained via Hourly Rate
- 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 balance shall be paid immediately following the end of the Photography
services.
- 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.
- 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.
- 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.
- 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.
- For the services and conditions described in paragraph 6, 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:
- 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.
- 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.
- 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
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and Capture Your Best Logos™; 2006-2007, D.M. Zirnite. |
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