Terms of Service
This photography contract is hereby effective and binding when signed by one or more of the parties. The parties are hereby known as: Abbie Warnock (“Photographer”) and (“Client”). The date reserved for photography services is herein after referred to as (“Event Date”).
PAYMENT
1. Minimum deposit of 25% is required as a retainer. Deposit is non-refundable, in the event of a date change or cancellation for any reason.
2. The remaining balance is due 24 hours before Event Date or 14 days prior to the Event Date for weddings. The balance owed must be received before any photographs will be taken. Failure to abide by this could incur extra fees or the booking and deposit being lost.
3. Photographer will not hold any date open without receipt of said retainer. Said retainer is non-refundable for any reason, except if Photographer cancels this contract.
4. Acceptable payment type includes Visa, MasterCard, American Express, check or cash. A 3% fee will apply to all credit card transactions. Payment will be accepted online via http://www.abbiewarnock.com, or mailed in advance for checks. Please do not mail cash.
5. Photographer reserves the right to cancel this contract due to late or failed payments. If Client cancels booking deposit is forfeited.
SERVICES
6. High resolution digital files and optional proofs will be delivered approximately three to four to six weeks from the Event Date, unless otherwise specified through a rush service request order form and corresponding fee.
7. Coverage plan times must be used consecutively. Time starts when the Photographer arrives, and time ends when the scheduled coverage time runs out. Additional time may be added onto the contract on the Event Date, but cannot be guaranteed available unless previously scheduled and outlined in this contract.
8. Be advised: other family members or friends taking photos behind the professional Photographer IS NOT ALLOWED. Please, be considerate and keep others from using personal cameras, stepping in front of the Photographer, or crowding her while she is working.
RIGHTS
9. All rights to Images created by the Photographer will remain with the Photographer. Photographer reserves the right to display, modify, use, re-use, delete, sell and re-sell any and all photographs made in conjunction with this event. Photographer reserves the right to use the Image for the purposes of, but not limited to: window, showroom, portfolio, stock, editorial, advertising, print media, online media, publication, instruction and professional competition in digital and print format.
10. The client will obtain high-resolution digital files, which may be used for personal and family use only, unless otherwise specified in writing as an addendum to this contract and signed by both the Photographer and the Client. Images may be printed and shared for personal use, but MAY NOT BE SOLD OR PUBLISHED WITHOUT EXPRESS WRITTEN CONSENT OF ABBIE WARNOCK. Client may copy, reproduce & enlarge the photos for non-commercial and personal use only. Client agrees to not use the photos or copies for profit, sale or competition without the express written permission (and royalties and/or recognition if required) of Abbie Warnock. Photos may not be posted online for sale on commercial websites such as, but not limited to: Shutterfly.com and Snapfish.com
11. Client agrees to sign and have signed a model release form for each subject included in any image taken by the Photographer during the course of the shoot (“Images”). It is the Client’s responsibility to inform group members of this and obtain releases from any additional subjects, if any.
DISCLAIMER
12. If Photographer is unable to perform the terms of this contract due to a fire or other casualty, strike, act of God, act of terrorism, or other cause beyond the control of the parties, the Photographer shall have no further liability with respect to the agreement. If the Photographer is unable to perform to the obligations in the contract for any other reason, the Photographer will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that the high-resolution files are lost through camera and/or equipment malfunction, stolen, damaged in processing, lost or damaged in the transit or otherwise damaged or lost without fault of the Photographer. If for any other mishap or loss and Abbie Warnock is unable to provide Client with the agreed upon photography services and/or products, Abbie Warnock agrees to reimburse Client for all amounts paid to date, minus the retainer for materials used / services. Abbie Warnock is not responsible for any other damages, emotional, financial or otherwise. A re-setting may be available at cost in this unlikely situation. While every attempt is made to create and back-up the best Images possible, no particular photo can be guaranteed.
13. For wedding photography, in the event of unforeseen circumstance, scheduling conflict, or Photographer’s illness, the Photographer may substitute a different, but competent, professional Photographer to take the photographs.
AGREEMENT
14. Any changes to this agreement must be made in writing and signed by both parties in advance of it’s application. This agreement incorporates the entire understanding of the parties and is governed by the laws and state of California.
15. By signing this contract, the Photographer and Client(s) agree to all terms and conditions stated herein.
