Terms and Conditions Summary
The RC Studio contract outlines the terms and conditions for the client and photographer.
Deposit and Payment:
The Client shall make a non-refundable deposit to the Photographer, RC Studio, to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. Final Payment is due prior to receiving gallery proofs, prints, USB, DVDs, or CDs. Please make check payable to RC Studio LLC.
Cancellation/Rescheduling:
If Client requests to amend or reschedule a session 4 or more calendar days before the session date. The deposit and any payment shall be applied to a mutually agreed upon reschedule date. A requests to amend or reschedule a session 3 or less calendar days before the session date. Than the client shall pay a rescheduling fee equal to the original contract fee minus the deposit.
If the agreement is canceled 31 or more calendar days before the session date. The deposit shall be forfeited and all other payment will be refunded. If the client cancels this agreement or fails to show 30 or less calendar days before the session date. The deposit and all payments shall be forfeited.
Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the session or fails to attend the session on the Session Date. Than the photographer shall suffer losses that are difficult to recover.
Late Arrivals:
Any Client that is late arriving to the session, will have the amount of time late deducted from the time allotted for the session.
Photographic Materials:
All photographic materials, including but not limited to digital images, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2-4 weeks of the session and after final payment been paid. The online proofing gallery shall remain open for 3 months from delivery. Photographer retains the right to edit the photographs and omit any image. If the Client requests to extend the time or reopen the online proofing gallery. A $20 un-archival fee shall apply for each additional month.
Copyright and Model Release:
The Photographer shall own the copyright in all images created. The client grants the photographer exclusive irrevocable and unrestricted right to make reproductions. 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 and/or studio of client, Subjects or properties. Client hereby releases Photographer from all claims and liability relating to said photographs.
Client’s Usage:
The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement or by photo/print release. Unless otherwise noted, the Client’s prints are for personal use only. Prints shall not be submitted to contests, reproduced for commercial use, sold or authorize any reproductions by parties other than the Photographer. If the Photographer provides a print release, the Client must act in accordance with the release.
Failure to Perform:
In the unlikely event that the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, weather, act of God or causes beyond the control of the Photographer. Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found. Responsibility and liability is limited to the return of all payments received minus the deposit.
Reshoots:
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference. The Photographer will reshoot at an additional fee of 25% of the original fee. Client is then able to order prints from the second session only. If a reshoot is require for reasons beyond the control of the Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee.
Limit of Liability:
We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged, destroyed, or due to technical problems within or beyond Photographer’s control. Photographer’s liability is limited to the refund of all payments received minus the deposit, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
Print Life:
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks. The client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
Photographer:
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
Photographer’s Standard Price List:
The charges in this agreement are based on the Photographer’s Standard Price Lists. This price list is adjusted periodically. Future orders shall be charged at the prices in effect at the time when the order is placed.
Travel and Overage Fees:
Unless noted otherwise, the Client shall pay $0.70 per mile for travel 30 or more miles outside the Zip code of 17055.
Indemnification:
The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client.
Entire Agreement:
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement or Terms and Conditions must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of PA shall govern this Agreement.
Arbitration:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration. Administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $300. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute. The prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney’s fees, and all other related expenses incurred in such litigation.
Contact Us about Terms and Conditions
Please contact us if you should have any questions or comments about the above RC Studio Terms and Conditions.