This Agreement is subject to all the terms and conditions 

Terms and Conditions

1. Deposit and Payment.  The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due.  If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay 10% percent interest on the unpaid balance until payment is made in full.  Balance is due 3 days prior to the shoot date, unless otherwise noted.
 

2. Cancellation. Upon your signature, “EBK Photography” will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of $50 is nonrefundable, even if the date is changed or the event cancelled for any reason; including acts of God, fire, strike and/or extreme weather, and may result in a credit for future services being issued. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted photography package.
 

3. Photographic Materials. All photographic materials, including but not limited to negatives, digital negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall provide the client with a link to an online gallery containing the high-resolution images suitable for printing purposes and download. The images will be watermarked online, however once downloaded they are clean, high resolution images. The The Photographer will not provide every exposure to the Client nor will they provide the RAW files. Only fully edited digital images will be provided as the final product. Editing is part of your package. The Client gives The Photographer permission to select the best quality photos for editing and reproduction purposes. The disc will include fully edited images; the number of photos is expressed in minimums in each package and will be used as a guideline for the final disc provided to the client. The Photographer has the right to include more images (and will include them) as she sees fit and appropriate, but will not include less than the set minimum..
 

4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s website, Facebook business page, Blog, portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.  If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. The photographs, digital negatives or prints produced by “EBK Photography.” are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without “EBK Photography”’ explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to The Client under the following conditions: All photos provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media without permission or transfer of right specified in writing between ‘Provider and ‘Client’. Photography digital negative may be given to ‘Client’ on disc or other electronic media. Possession of this disk by ‘Client’ does not constitute ownership of all file contents by ‘Client’.
 

5. Client’s Usage.  The Client is obtaining high-resolution digital images for personal use only and for the purposes of the reproduction and distribution of photographs to friends and relatives, and shall not sell said prints and/or images or authorize any reproductions thereof by parties other than the Photographer.   The Photographer authorizes Client to reproduce the print only as set forth in the Print Release Form; this form will be provided with the disc of digital images.  In such event, Client shall request that a credit 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. The Client must obtain written permission from, and compensate “EBK Photography” prior to an event where The Client, The Client’s friends or relatives publish or sell the photographs for profit.

 

6. Failure to Perform.  If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit 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. Inherent Qualities.  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. 
 

8. Photographer’s Standard Price List.  The charges in this Agreement are based on the 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. 
 

9.   Miscellany. This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement 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.  This Agreement shall be governed by the laws of the State of Illinois.