1. Booking Fee / Payment: The Client shall make a booking fee as per contract to retain the Studio to perform the services specified.
2. Cancellation: Client shall cancel this Agreement more than seven (7) calendar days before the photo shooting day.
3. Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent. * Refer to the Digital Licensing agreement
4. Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
5. Social Media: This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
6. Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
7. High-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 300DPI with 3000 Pixels in the longest edge.
8. Benjamin Baker Photography keeps client files for up to 2 years after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
9. Liability: It is client’s responsibility to take care of the children, Benjamin Baker Photography will not accept any responsibility due to any accident to children or damage to public or private properties during setting up, photo shoot, packing up or consultation session.
10. Photographers: It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the venue (wedding, portrait, family photography , etc.) while Benjamin Baker Photography is working, and that any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and loss of initial deposit by the client.
11. Image Shot List: Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests shall create a “shot list” of all shots that they require.
12. Editing Of Images: All deliverable images as per contract will have standard image editing (including: light skin retouch, light and colour adjustments). Any extra edits requested by the client will cost the client (Price to be agreed on) per image if accepted by the Photographer. Extra image adjustments include (change the size of the body or parts of the body, replace parts of the body from another image, change the colour of parts of the body, extra skin retouch, replace or swap background). It is also understood that unless hair and makeup is included in the contract, Photographer is not responsible to fix hair or skin, or makeup problems
13. Fixing Images: It is understood that Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the photographer in writing.
14. Updating Date or Location: It is understood that it is clients responsibility to inform the Photographer by email for any date or location changes (including but not limited to wedding dates, baby delivery for birth or hospital photography). Benjamin Baker Photography does is not liable for any claims for messages sent by mobile text messages or social network websites.
15. Photo Cooperation: In the event that the family/guests are taking photos, Benjamin Baker Photography is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. Benjamin Baker Photography is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
16. Acceptance: By accepting an appointment or photo shoot you agree to the all Terms and Conditions.
