Terms of Service
1. Payment. Nathan Hay Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. The full amount of the selected collection must be paid by the session date. No photo downloads will be permitted until full payment is made. No photos shall be released until full payment is made. All checks should be made out to Nathan Hay.
2. Cancellation. If the client requests to amend or cancel this agreement, the $15 (unless otherwise agreed upon) cancellation fee shall be collected. 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 Date for any reason, Photographer shall suffer losses that are difficult to ascertain.
3. Artistic Rights. The photographer retains the right of discretion in selecting the photographic materials released to the client.
4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within at least 3 weeks of the session. When the online proofing gallery is delivered, it shall remain open for 2 months from delivery date.
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, submission to photography contests, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
6. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram). Client must credit/tag Nathan Hay Photography in any posts or shares of their own.
7. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. Photographer will arrive to the session at the best of their abilities. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. Nathan Hay Photography will not be held responsible for any ruined photographs due to any cause in or outside their control.
8. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’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.
9. Limitation of Complaint. Client will have thirty days after gallery delivery to make Nicole Daacke Photography aware of any issue, discrepancy, technical problem or any other complaint regarding photos, or their quality and contents. After this 30-day term has expired, Nicole Daacke Photography will no longer be liable to client for any corrections, damages, refunds, or re-edits. Re-edits after this term may be made if deemed appropriate by Nathan Hay Photography. The hourly fee of $17 for re-edits will be billed at the discretion of the Photographer.
10. Miscellany. 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.