Terms & Conditions
1.1 “the Client” means the client named overleaf, whether a direct client of the Photographer or an agency or an advertiser or otherwise, and the expression “the Client” shall where the context so admits include its respective assignees, sublicensees and successors in title.
1.2 “the Photographer” means Cindy Stoltz.
1.3 “the Photographs” means all photographic material furnished by the Photographer, whether raws, transparencies, negatives, prints or digital files.
2.1 The entire copyright of the Photographs is retained by the Photographer at all times throughout the world. No raw, unedited/original digital files will be sold or given to anyone, whatsoever.
3. OWNERSHIP OF MATERIALS
3.1 Title to the Photographs remain the property of the Photographer.
3.2 If the Client orders prints of the Photographs, the Photographer will supply them at his/her then current rate for a collection to be agreed. The Photographer will however at all times retain possession of and title to all originals. The Client must not copy, digitise or reproduce the prints in any way nor suffer or permit any third party to do so.
4.1 The Photographer grants to the Client the License to Use the Photographs from the date of payment of the Fee in full and for the purposes set forth. No use may be made of the Photographs before payment in full of the Fee without the Photographers prior written permission.
4.2 The License to Use the Photographs is only granted to the Client and its benefit shall not be assigned to any third party without the Photographers express prior written permission. Accordingly, even where any form of “all media” License to Use is granted, the Photographers express prior written permission must be obtained before any use of the Photographs for any other purpose, such use relating to another product or sublicensing through a photo-library.
4.3 Permission to use the Photographs for purposes outside the terms of the license may be granted in the Photographer’s entire discretion upon payment of a further fee, which must be agreed between the parties before such further use.
5.1 The Photographer shall deliver the Photographs (excluding the originals and excluding the unedited photographs) by the collection date as agreed per discussion.
5.2 Time for collection shall not be of the essence of the contract.
5.3 The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, occasioned by late collection or on any other grounds whatsoever.
6. PHOTOGRAPHERS RIGHT TO USE PHOTOGRAPHS
6.1 The Photographer retains the right in all cases to use the Photographs in any manner, at any time and in any part of the world for any purpose, including advertising or otherwise promoting his work, unless otherwise agreed in writing.
7.1 Full payment by the Client of the Fee for the Photographs is due to confirm the booking.
8.1 There is no right to reject the Photographs on the basis of style or composition nor to reject the Photographs on the basis of any alleged discrepancy between the colours of the photographic image and the actual colours of the subject matter of the Photographs.
9. BOOKING FEES, LATE COMING AND RESCHEDULING
9.1 To reserve the session date and to reserve Cindy Stoltz Photography, the Client shall pay to the Photographer, upon execution of this booking form, a 50% non-refundable booking fee. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain. As such, Client agrees that, in the event of cancelation by Client, such booking fees shall be forfeited by Client and paid to Photographer as liquidated damages and not as a penalty. Client and Photographer agree that such amount is reasonable.
9.2 All clients are asked to arrive 5 minutes prior to session. If you are more than 15 minutes late, the session will be rescheduled and a 10% rescheduling fee will be applied to your session (excluding illness, or the photographer rescheduling).
9.3 Once booked, booking fees are non refundable.
10. CANCELLATION AND POSTPONEMENT
10.1 If the Client wishes to postpone the session/event, the client must give 3 (three) days’ prior written notice. Payment will be held and used upon rescheduled booking. Clause 9 will apply.
10.2 If Client wishes to cancel, the client must give 5 (five) days’ prior written notice. Payment held will be refunded within 30 days.
9.3 If Client cancels within 5 (five) days prior to session, the booking fee held will be forfeited by the Client.
11. FORCE MAJEURE
11.1 The Photographer shall not be liable for any failure in the performance of any of his obligations caused by factors beyond his reasonable control.
12.1 Neither the demand for nor the acceptance of payment made under these terms and conditions nor the failure by the Photographer to enforce any of the terms and conditions at any time or for any period will release or exonerate or in any way affect the liability of the Client or be a waiver of these terms and conditions.