Generic Photography Term and Conditions
In this form “the photographer” shall mean Bart Cepek trading as Bart Cepek Photography. The client(s) shall be those person defined on the booking form. These terms & conditions cannot be altered in any way by the client(s) unless the alterations are expressly agreed upon by the photographer. At which point both the photographer and client(s) must sign the agreed upon alternation and these alterations will be added to the original terms & conditions. These terms and conditions are generic in nature. On the booking day of a session the photographer will provide terms and conditions specific to the session booked. Copies of said terms and conditions will be provided to the clients and originals will be filed with all images produced during said photographic session.
Copyrights
- The entire copyright in the photographs, whether in digital or physical format, is retained by the photographer (Bart Cepek) at all times throughout the world.
- Where a disc (digital image files) has been provided to the clients as part of their purchased session, these photographs may be printed and displayed online for personal use but not commercial use. Furthermore the images may not be manipulated by any program without the written permission of the photographer.
Display
- The client(s) hereby allow(s) the photographer to display any photograph shot during the session to promote the business in advertising, brochures, websites, sample albums, business cards, studio display’s, portfolio, exhibitions, or competitions.
Event/Session Coverage(s), License, and Reproduction
- Photographs taken during the course of the event/session will be at the discretion of the photographer, but every effort will be made to fulfill the client(s) requirements.
- The photographer will be granted artistic license regarding to the poses and locations used, and the photographers judgement regarding these statements deemed correct.
- The photographer will attempt to photograph all individuals as requested by client(s), but no responsibility will be taken by photographer on the occasion someone is left out.
- With bookings involving a church ceremony or particular venue(s), the photographer’s movement may be limited to certain parts of the venue by the official in charge. The area the photographer may have to photograph from may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed views this may cause.
- Due to the various color temperatures used at venues and the limitations of digital sensor, some colors may vary throughout a set of images
- Although all equipment is checked regularly and reasonable steps are taken to have backup equipment available, the photographer will not be responsible for photographs that are missed due to technical failure.
Bookings, Retainer Fee, Payments, and Cancellations
- Bookings are scheduled on a first come first serve basis.
- A 25% retainer fee is required to book a date.
- Payment in full of remaining balance is due the day of the scheduled session.
- Cancellations prior to one week of scheduled date can be rescheduled and retainer fee applied to rescheduled date.
- Cancellations within a week of scheduled date retainer fee is non-refundable.
Limitations of Liability
- In the unlikely event of total photographic failure or cause beyond reasonable control e.g. sudden illness, injury, victim of crime, or weather, liability shall be limited to a full refund of any fees paid. Neither party shall be liable for indirect or consequential loss.
- Any directions issued to client(s), their guests or employees during a photographic session, are deemed to be said at said persons own risk. The photographer cannot be held responsible for any personal accidents or property damage during the photographic session.