Terms and Conditions

“The Photographer” means Ai_takephotos. “The Client” means a person, persons, or company with whom the Photographer enters a contract for provisions of services by The Photographer. 

Deposit and Payment

The retainer must be paid in full at the time of booking. Retainer secures the time and services of the Photographer and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by The Photographer due to cancellation. Sittings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. 

Following payment of the retainer, balance of any fees due is to be paid on, or before the date of the sitting. No photographs will be delivered until all payments due have been paid in full. 

Copyright

All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. 

Archiving of Images

All final images will be stores and archives by the photographer for 1 year.

Integrity and Alterations

The Client will not make or permit any alterations, including, 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 the Photographer. 

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

The Photographer’s artistic interpretation including use of software to process images and conversion to black and white is final and the Photographer shall not be expected to re-process any images once they have to presented to the client. 

Client Usage

The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screenshot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images. 

Attendance

In the unlikely event of illness, the Photographer may substitute another photographer to take the photographs. In the event of such substitution, the Photographer warrants that the photographer taking the photographs shall be a competent professional. 

Failure to Perform

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of retail value of the Client’s order. 

Retouching

All Images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. The Client does not have permission to alter or edit the final photographs in any fashion. 

Complaints

Any complaints should first be raised by the Client with the Photographer in writing within 14 days of the date of receipt of images. 

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, the Client agrees to pay a fee to the Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.