Splash Studio Photography

Terms and Conditions - Beach Portraits

Entire Agreement:  
This agreement contains the understanding between SPLASH STUDIO PHOTOGRAPHY LLC and the CLIENT. 

Idemnification:  
1) CLIENT agrees to indemnify and hold harmless the COMPANY/PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.

2) CLIENT agrees to hold the COMPANY/PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with the COMPANY/PHOTOGRAPHER while on land or in water.

3) CLIENT agrees to hold the COMPANY/PHOTOGRAPHER harmless for any health issues, including COVID-19, and other infectious diseases, thought to be contracted while in proximity to the COMPANY/PHOTOGRAPHER, or any other individuals present during the photography session. CLIENT and members of CLIENT's party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure. As consideration for this waiver, COMPANY/PHOTOGRAPHER agrees to waive any liability or claim against CLIENT or members of CLIENT’s party for COVID-19 transmission or exposure. Notwithstanding the foregoing, the waivers contained this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.

4) If the COMPANY/PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, the COMPANY/PHOTOGRAPHER will return in full all payments made by CLIENT to the COMPANY/PHOTOGRAPHER in relation to this shoot. 

5) CLIENT understands and agrees that the COMPANY/PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 90 (ninety) days after the online proofs have been delivered to the CLIENT. 

6) The COMPANY/PHOTOGRAPHER and CLIENT agree that the COMPANY/PHOTOGRAPHER works to the best of their ability to capture every photo requested by the client, but is under no obligation to capture any specific moment or pose or person(s) during the shoot. 

7) CLIENT agrees to hold the COMPANY/PHOTOGRAPHER harmless for any loss or damage to the CLIENT'S vehicle or property. You are parking and leaving your vehicle at your own risk.

Model Release:  
The CLIENT hereby grants the COMPANY/PHOTOGRAPHER and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, commercial, advertising, personal use, and any other purpose (including web site use, and social media use such as Facebook, Instagram, Google +) and in any manner and medium; to alter the same without restriction; and to copyright the same. Therefore, the COMPANY/PHOTOGRAPHER may use CLIENT's likeness and image on the COMPANY/PHOTOGRAPHER's web sites or other advertising. The CLIENT hereby releases the COMPANY/PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relation to said photographs. The COMPANY/PHOTOGRAPHER will NOT sell photos containing CLIENT's likeness to third parties. The CLIENT releases all claim to profits that may arise from use of images. 

Copyrights: 
The photographs produced by the COMPANY/PHOTOGRAPHER are protected by Federal Copyright Laws (all rights reserved) and may not be reproduced in any manner without the the COMPANY/PHOTOGRAPHER's explicit written permission. Unless digital images are purchased, it is a breach of this agreement to not only reproduce the images, but to display them on social networking sites, such as Facebook, Instagram, etc. If purchased digital images are displayed on social networking sites, or other webs sites, photos must say "Photos by SplashStudioPhotography.com" somewhere visible on the photo or on the information associated with each single photo. Upon digital distribution of images purchased from the COMPANY/PHOTOGRAPHER copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions.

The photographic images are the property of the CLIENT for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives. 

The CLIENT must obtain written permission from and compensate the COMPANY/PHOTOGRAPHER prior to the CLIENT or the client's friends and relatives publishing or selling the photographs for profit. 

The CLIENT shall not alter the images of any kind when posting on social media. 

Cancellation: 
Any cancellations by the CLENT are required in writing seven days before the scheduled portrait session. Any cancellations by the CLIENT not received by the COMPANY/PHOTOGRAPHER seven days before the portrait session are responsible for the payment of the session fee. 

Exclusive Photographer, No Personal Cameras Policy:  
The CLIENT agrees and understands that no other party other than the COMPANY/PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer's work and violates the photographer's right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the COMPANY/PHOTOGRAPHER or take pictures in these situations. 

Limit of Liability: 
In the unlikely event that the assigned COMPANY/PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY/PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, the COMPANY/PHOTOGRAPHER shall not be held liable.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY/PHOTOGRAPHER's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY/PHOTOGRAPHER liability is limited to the return of all payments received for the event. 

Assignability and Parties of Interest: 
The CLIENT agrees and understands that the COMPANY/PHOTOGRAPHER may sub-contract or assign this contract to a second-shooter photographer to perform duties in this contract if the photographer has fallen ill, or has fallen victim of circumstances beyond their control. 

Weather
The CLIENT shall not hold the COMPANY/PHOTOGRAPHER liable for weather cancellations. Such cancellations shall only be made by the PHOTOGRAPHER, not the CLIENT. Due to heavy scheduling of portrait sessions, many of which are for out of town vacationing clients, it may not be possible for the COMPANY/PHOTOGRAPHER to reschedule the CLIENT's session during the timeframe in which the CLIENT is available.

The COMPANY/PHOTOGRAPHER makes every effort to work around bad weather to get the sessions in. Wind is not considered bad weather and it typical on the beach. It is the CLIENT's responsibility to check the weather conditions and secure any loose or fly away hair if possible. 

The CLIENT understands high humidity can be an issue during the summer months. This in turn can cause some images taken from 15+ feet away to be soft as the camera picks up on humidity in the air. 

Capture and Delivery:
The COMPANY/PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY/PHOTOGRAPHER. 

90 days after the session the COMPANY/PHOTOGRAPHER may permanently delete all digital files associated with the CLIENT's session. Any orders placed should transact prior to the 90 days expiration date. 

The COMPANY/PHOTOGRAPHER operates under natural lighting. Photos taken on extremely cloudy days, towards the beginning of a sunrise session, or at the end of a sunset session may be softer due to lower lighting. Images taken in close proximity to the ocean on humid days may be soft as well. The COMPANY/PHOTOGRAPHER is not held liable for soft images under these circumstances. 

Post Production and Editing:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY/PHOTOGRAPHER. 

Pricing:
Sitting fees do not include any prints, products, or digital files. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.