Central Illinois Photography

(309) 397-5909

ablair@aeblairphotography.com

Terms and Conditions

Definitions:

This Agreement is between A.e. Blair Photography (“Photographer”) or (“Company”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means the photographic material, where still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or another, media.

Copyright:

The Client shall not assume any assumption of copyright of any image taken by a camera owned by The Photographer.

All images taken by The Photographer are licensed for personal use printing only.

No images given to The Client shall be used for profit by The Client, or any person The Client provides the images to.

Images are Licensed for Specific Use(s) and are not sold:

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any license fee.

The term of license begins from the date the Photographer receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferrable. Any Image(s) may not be used in a logo, corporate identity, trademark. or other service mark or graphic.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for self-promotion.

Photographic Integrity and Alterations:

Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.

Portrait sessions include editing which consist of changes to the color, crop, contrast, and exposure at the Photographer’s discretion.

Credit Line and Copyright Notice:

Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of double the invoice total is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

General Liability and Releases:

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

Equipment Failure:

The Photographer invests a great deal of money into equipment. However, some things cannot be avoided when it comes to equipment failure. The Photographer is not responsible for sudden equipment failure of any kind, including the subsequent loss of potential images that could have been captured in that time frame.

Conduct:

The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if it is deemed the Clients behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge full fees and expenses as described in the Agreement. The Client will fully reimburse the Photographer or the agents for any loss/damage they may cause to property or equipment.

Retouching: (Does not apply to weddings) 

While we do our best to provide you the best image on the first round, there are times when you may want a few more things done with your image. You are entitled to up to two revisions of your retouched image. Each additional retouch per image after the two retouches after first delivery will be charged between $10 and $50, depending on complexity. Should a retouching be outside of the normal job for us, and we are unable to perform, you are more than welcome to take the image to a company who specialized in that type of retouching. Any image you take from A.e. Blair Photography to an outside company will be done so at your cost. You must obtain, in writing, permission to have said image retouched by a separate company, per U.S. Copyright Law. 

Travel Policy:

Session pricing accounts for the allotted number of locations within a 30-mile radius from the City of Peoria. For travel outside of this radius, A.e. Blair Photography charges $.55 per mile and $37.50 per 15 minutes of driving. 

Financial Terms:

No rights are granted until Photographer has received full payment, including, if applicable, any late-payment charges.

Unless otherwise agreed, the use of any image(s) prior to full payment will be considered an unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to Photographer for such an unauthorized use will be double the invoice total.

Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

Retainer:

In order to book an appointment with A.e. Blair Photography, you must put a down payment of monetary value called a retainer. This retainer will vary depending on the type of photography services you are receiving. Because it can be hard to fill calendar space, your retainer becomes non-refundable in the event you cancel or fail to reschedule a session. 

If you are booking a wedding, this retainer is non-refundable once the engagement session has occurred. 

A.e. Blair Photography charges a retainer of the following amounts:

  • Portraits – $75 due at signing.
  • Product – 50% of total agreed upon due at signing.
  • Wedding – 25% due at signing.
  • Event – 25% to total agreed upon price due at signing.

Payments:

A.e. Blair Photography takes the following forms of payment:

  • Cash
  • Credit / Debit via Square (requires signed receipt or invoice)
  • Paypal / Venmo
 

A.e. Blair Photography will not take the following forms of payment:

  • Personal Checks
  • Cash App
  • Cryptocurrency
  • Bank Wire

The following are the terms of payments for specific photography types:

  • Portraits:
    • All money is due the day of the session. If no money is paid beyond the retainer, there will be no image delivery.
    • On the day of the session, all monies collected are considered non-refundable.
  • Product:
    • All payments are considered to be for the time of the photographer. Therefore, all money is due at the end of the business day of the session.
  • Wedding:
    • The retainer collected at contract signing becomes non-refundable Ninety (90) before the Engagement Session.
    • At the Engagement Session, an additional monetary payment is required, which will also be considered non-refundable for the photographer’s time.
    • The remainder of funds owed to the Photographer can be worked out case by case. The remainder of the funds are due in the agreed upon amount and time set forth by the Wedding Agreement. 
    • Failure to pay in full at the agreed upon times will result in images not being worked, and remaining in the custody of A.e. Blair Photography.
  • Event:
    • Special events are required to be paid in half of the agreed upon price, on the day of contract signing.
    • Payments may be arranged at a case by case agreement.
    • At least an additional 50% of the total balance is due before commencement of the event, but before the delivery of images.
    • The remainder is due on the day of image delivery. Late charges may be assessed. Images will not be delivered if not paid-in-full. 
  • Print Purchases:
    • All prints must be paid in full before fulfillment begins.
 

Late charges for sessions are as follows:

  • After 10-day grace period, a fee of $30 will be due immediately.
  • After 30-day delinquent, an additional fee of $10 per week of delinquency will be due and billed. 
 

Legal fees:

  • Any legal fee incurred at the fault of the client will be at the cost of the client. This includes, but is not limited to: attorney fees, settlements, court costs, etcetera.

Overtime:

The Photographer is entitled to overtime hours, should the ceremony or reception last over the allotted time. The Overtime rate for The Photographer is set during contract signing, and will be indicated in your contract agreement. This overtime rate does not include post ceremony editing, which is figured into the original price.

The overtime rate for a second shooter may vary, depending on the shooter.

Rescheduling:

Sometimes life happens and you must reschedule a photo shoot. You are allowed to reschedule at any time before 72 hours before your scheduled session, excluding race teams, weddings, and events. You are allowed ONE reschedule per contract. Should you reschedule again, you will be assessed a $25 reschedule fee per reschedule request. 

If you reschedule less than 72 hours before your scheduled event, an additional $50 will be added to your final bill. 

Rescheduling an already agreed upon time does not guarantee your next time is going to be available. We are unable to schedule over other agreed upon sessions.

Should a rescheduling be due to factors beyond the control of Client and Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee and Client agrees to pay all expenses for the rescheduling.

Cancellation:

  • To cancel a session after contract signing, please put in writing your wish to cancel.
  • If A.e. Blair Photography cancels a portrait session for any reason, at any time before the scheduled and agreed upon session, all money paid forth will be refundable.
  • If A.e. Blair Photography cancels a wedding session for any reason, all money paid forth is refundable only if the Engagement Session has not occurred. Should the Engagement Session occur, the retainer and Engagement Session cost will be considered money owed to A.e. Blair Photography due to work already performed, and therefore cannot be refunded. Any funds above the agreed upon retainer and Engagement Session cost will be refunded in full.
  • A.e. Blair Photography withholds the right to charge any cancellation fees should there be additional work done that was not yet paid for.
  • Should Photographer arrive at location without a written cancellation, acknowledged by Photographer in writing, Client will be responsible for the remainder due on the entire agreed upon price.
  • A.e. Blair Photography reserves the right to cancel without refund any client that is abusive to the Photographer or representatives of the Photographer. This includes all parties involved with the Client, either directly or indirectly, that unreasonably abuse the Photographer or Photographer representatives. Abuse can be defined as physical or verbal, and there are no limits on abuse occurrences. 
  • A.e. Blair Photography reserves the right to cancel without refund if a situation becomes unsafe for Photographer or Photographer representatives. 

Failure to Perform:

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

Shall Image(s) be lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer, Photographer is held harmless and will not be liable.

Kill Fee:

Provided that Photographer has executed the Agreement in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

Archiving Digital Files:

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

Any requests for the photographer to reproduce images that were already delivered could result in additional fees. 

Digital File Quality:

Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested.  Some images may only be produced in color or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.

Location Terms:

Sessions will be conducted at a location agreed upon by the photographer.  The photographer will not trespass or use any property/locations that is considered unlawful to do so.  The photographer is bound by any local, state, or federal law for the property or location.  If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property.  The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.

No other photographers/videographers are allowed during the session unless agreed to in writing by Photographer.  Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer. 

Delivery:

The following timeframes are set forth for expectation of images after completion of the Session:

  • Wedding / Event – Please allow 24 hours for teaser images, one to two weeks for gallery proof, and potentially up to three weeks for final digital image delivery. Should you request a photo album, times will vary depending on the vendor.
  • Portrait – Please allow 1 week of time for delivery of initial proofs.

Delivery times are subject to change depending on work flow and availability of resources. 

Acceptance of Terms:

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of the United States and the State of Illinois, Texas, Tennessee, Iowa, Missouri, Wisconsin, Nebraska, Utah, North Carolina, and Colorado, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the states mentioned. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.

You are in full agreement that A.e. Blair Photography and representatives of A.e. Blair Photography are not responsible for your success or failure. A.e. Blair Photography and representatives of A.e. Blair Photography make no warranties or representations of any kind that our products or services will produce any particular result for you. 

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