TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Isabella Woizeschke and/or Patrick Woizeschke trading as Simply Isabella Photography. “The clients” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed upon by the photographer in writing.
- The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Photographer maintains the right to make reproductions for the Client or the Photographer’s portfolio, self-promotions, an entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
- The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc.
3. CREATIVE LICENSE, COVERAGE, AND REPRODUCTION
- Photographs taken during the event will be at the discretion of the photographer although every effort will be made to comply with the client's requirements.
- Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.
- For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer can cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
- Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
- Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
- A non-refundable initial payment of 25% of the total package will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The initial payment will be deducted from the cost of the client's chosen package when calculating the final balance due.
- Payment in full of the remaining balance will be due at the latest. 30 days from the wedding.
- Full amount is due at the time of booking any portrait session to secure your date.
- Payment methods accepted include Venmo, PayPal, and/or Check written out to Isabella Woizeschke.
5. Unforeseeable Circumstances
- In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
- The photographer will do their best to put the client(s) in touch with another photographer in the event they are unable to attend on the day of the session due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown, etc.
6. Facebook Sharing and Other Social Media
- Understandably, the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Simply Isabella Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Simply Isabella Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients. The Client and family members will be given access to the online gallery to download any and all photographs.
- You are permitted to click the “share” button on any photos posted to Simply Isabella Photography Facebook page. Sharing can NOT be done via screenshots of photos on Facebook or the Proofing gallery.
7. DIGITAL Image License
- .Digital Media and/or Product(s) may be available for purchase through the online store or through a contract with Simply Isabella Photography (SIP). SIP permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed-upon Media and/or Product(s), which are subject to the below restrictions listed below:
- The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to SIP. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
- Under this provision, neither SIP and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
- A commercial license may be available upon request and will require an additional contractual agreement between SIP and the customer. Please contact firstname.lastname@example.org for more information.
- Simply Isabella Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Simply Isabella Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color. Simply Isabella Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client(s) after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to the balding head, changing the hair color, changing the shape of the nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in the final photos.
- Once again, edits are solely made by Simply Isabella Photography, any edits by clients or family members to digital files will void the contract and close the gallery from future re-openings.
9. TERMS OF SALE
- Purchasing of Media, Products, and/or Services through the Simply Isabella Photography (SIP) online store requires that the customer provide valid Payment Information as required by the online store. SIP reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon Simply Isabella Photography's written request.
- The TERMS OF SALE require the customer agrees to financially reimburse SIP for all costs incurred during the collecting of amounts owed by the customer to either SIP or a third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
- The customer is solely responsible for any taxes that they are obligated to pay, or that SIP is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of the transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). SIP reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, SIP may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.
10. ON THE DAY
- The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends, and other guests to take photographs throughout the day.
- The photographer will not take photos during the wedding dinner and will use this time to take a break. A meal is not a requirement, however, one would be greatly appreciated.
- The photographer will stay to photograph beyond the first dance stay until hours have been completed. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
11. PERSONAL ACCIDENT
- Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
- Cancellation. The client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 30 days before the original date of the Wedding (the “Minimum Notice”). The client acknowledges and agrees that the Client is not relieved of any payment obligations for Cancellation and Rescheduling unless the Minimum Notice in accordance with this Article 12 is duly provided or unless the parties otherwise agree in writing.
- Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate the Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Wedding.
- No Refund. The client acknowledges and agrees that Cancellation by the Client will not result in a refund of any fees paid on or prior to the date of Cancellation by the Client.
- Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.
13. PHOTOGRAPHER'S STANDARD PRICE LIST
- The charges in this agreement are based on B. Present photography'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.
- The photographer will do their best to deliver digital negative files as quickly as possible. However, for weddings, this could take up to 4-6 weeks.
- The client(s) will receive access to an online gallery of all edited images with a copy of a print release form. The online gallery will expire six months after the session date; client(s) are encouraged to download all wanted images before expiration.
- 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.