TERMS AND CONDITIONS
• It is understood David Delahoussaye Photography is the exclusive official photographer/Studio retained to perform the photographic services requested on this Contract.
• Upon signature, David Delahoussaye Photography shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and retainers are nonrefundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
• If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of David Delahoussaye Photography, photographer may elect to use an alternate location or to reschedule the portrait.
• No part of any order, including previews, will be delivered until the balance is paid in full.
• David Delahoussaye Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend David Delahoussaye Photography in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of David Delahoussaye Photography.
• David Delahoussaye Photography may substitute another photographer to take the photographs in the event of David Delahoussaye’s illness or of scheduling conflicts. In the event of such substitution, David Delahoussaye warrants that the photographer taking the photographs shall be a competent professional.
• If David Delahoussaye Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event David Delahoussaye Photography fails to perform for any other reason, David Delahoussaye Photography shall not be liable for any amount in excess of all monies paid.
• Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
• The charges in this Contract are based on the Studio’s/Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
• This Contract incorporates the entire understanding of the parties and is governed by the laws of Vacaville, Solano County, California. Any modifications of this Contract must be in writing and signed by both parties.
· The Client agrees to pay the amount owed per the Sitting Fee arrangement. It is understood that that sitting fee is an agreement that holds the date of the photo shoot and the amount paid for the Sitting Fee will be applied to the remaining cost of the photo shoot at the time the full amount is due.
PHOTOGRAPHER’S RIGHT OF OWNERSHIP
Photography marketing and competition: David Delahoussaye Photography reserves the right to all photos taken and therefore reserves the right to use any photo for materials such as business marketing, studio displays, and professional photography competitions.