PHOTOGRAPHY LICENSE TERMS AND CONDITIONS
“The Photographer” is 4 the Love of Photography LLC, a Nevada Limited Liability Company. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
You release The Photographer all liability from issues or problems that may arise, at our discretion we may agree to correct any problems that may arise.
The content and images used on this website are the property of and copyrighted by 4 the Love of Photography a Nevada Limited Liability Company, dba 4 the Love of Photography, Boudoir by 4 the Love of Photography, 4theloveofphotography.com, boudoir.sexy, 4theloveof.photography and 4theloveofphotography.me. Certain images may be utilized on other websites under the control of the photographer and/or 4 the Love of Photography or its affiliates. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from 4 the Love of Photography and/or the creator of the work.
a. For all non-account Clients, payment for all products and services provided by the Photographer must be made before the start of the session.
b. For authorized account holders, payment of the Photographer’s invoice must be made within 30 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 30 days.
c. A deposit of $50 is expected for scheduled events, $250 for Weddings.
d. The Photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per day.
e. Payment can be made by cash or credit/debit card or PayPal.
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in their photo session until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made. The photographer will own the unedited images for life. We will not release the unedited images. At our discretion we may allow you to see the before and after pictures in digital form only.
Payment for services is due before completion of the work if in person or beforehand if session is made online. At least one week before your session you will be invoiced and payment is due before your session begins.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed they must be pay before beginning the session either in person or online.
Payment can be made by cash or credit/debit card or PayPal.
If a deposit was taken prior to the work, the amount of that deposit will be shown as a credit on the invoice. Deposits may be required for larger projects or projects involving rental equipment or travel beyond 30 miles one-way or overnight travel.
a. Booking Days: The Photographer may be booked by the Day (eight (8) hours), Half-Day (four (4) hours), or by the Hour. The minimum hourly booking is (60) sixty minutes unless otherwise specified.
b. Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours after 8 hours the price will negotiable.
c. Travel Time: Travel time is computed via mileage from the zip code of 85335(El Mirage, AZ) if you are outside of a 30 mile radius of El Mirage, AZ, a fee will be added to the cost of the shoot depending on the location of the shoot. It you live outside of the Phoenix Metro Area you will incur a fee for a hotel, the hotel is of our choosing not yours. Discounts do not apply to travel costs.
a. Cancellations: Cancellations forty-eight (48) hours (two (2) working days) in advance is required, we understand however that life does happen. In the event that you cannot make it to the shoot and it is past the 48 hours please contact us as soon as you can. You maybe charged a cancellation fee if we do not hear from you, which will total no more then 25% of your package or the price quoted.
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer:
(e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original request etc). If the work cannot be completed within the agreed amount of time, 4 the Love of Photography or their agent and the client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: If a photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the photographer or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to the client. The client will receive all work product following payment. We do however reserve the right to add time to your session if we deem it necessary without charging you, however this is at our discretion.
Completion of the work:
Work is complete when the photographer provides the client with the edited images. This includes a CD or DVD, access to a web gallery, and or prints containing all of the edited JPEG images photographed on behalf of the client. Contact sheets can be provided by request prior to the day of the shoot for an additional charge. Our product is provided in both digital media and print. A web based gallery of the images taken for you will be created for the approval purpose unless a contact sheet is requested. A CD or DVD containing copies of the edited JPEG images will be mailed to you with a tracking number which will be provided you. Access to web galleries is restricted to clients only. You may share the access code with others to your gallery if given the approval from The Photographer. Images may not be copied from the web gallery or used in any form, without express written permission of The Photographer.
a. The Client shall be responsible for the behavior of any persons accompanying them to an assignment/session. The Photographer reserves the right to terminate any assignment without notice if they deem the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge the full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
b. If you become unprofessional at any time while engaging The photographer, at our discretion you will receive a cease and desist email or letter in the mail. All communications will cease from our end at this time, if further issues occur (slandering, name calling, harassment, or any of the like), regarding any employee of The Photographer, this will be grounds for civil action which will be filed in Maricopa County, Arizona.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any obligations which were due to causes beyond his/her reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit, etc. This also includes extra edits that were not agreed upon or known about before the session was booked. It can take up to a week for your images to be edited and placed in the gallery for your review, depending on the amount of work that needed to be done to the images.
Prices & Terms:
a. All prices shown within the Photographer’s price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
c. Once payment is made there are no refunds as photographs are considered art and there is no value put on the images themselves. The price paid is for the time of the photographer and the editing.
d. Payment can be made by cash or credit/debit card or PayPal.
In accordance with the United States Copyright Laws(USC Title 17 (US Copyright Law), the copyright of all images created by the Photographer is owned by the Photographer. 4 the Love of Photography retains all copyright benefit for all images created by our photographers forever, this includes edited and unedited images. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplication's or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a photographer from 4 the Love of Photography, the magazine pays you for the image. You owe 4 the Love of Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from 4 the Love of Photography to a commercial web-site for sale to the public or for other financial gain. You owe 4 the Love of Photography 100% + liquidated damages of any and all income derived from use of that image.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to 4 the Love of Photography. Non-commercial uses include personal web pages(Twitter, Facebook,Tumblr,Myspace..etc to comply with this, all you need to put is: Photo by 4 the Love of Photography with either the website or tag us in the photo), and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user: (Bride Magazine, Cosmo, Yankee Magazine, Newspapers,..etc).
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and 4 the Love of Photography or any photographer assigned to you by 4 the Love of Photography. By signing a contract for services, you agree to these terms, and agree to indemnify and hold harmless 4 the Love of Photography, their agents and the heirs or assigns.
Last updated: 7/1/2015