1. Services
Photography services will be provided and priced on a flat rate. The agreed service for packages purchased via the website is dependent on the package chosen by the client. Any additional hours or images required will be charged individually.
If the client purchases a package which includes a hair and makeup artist and/or stylist, the client must not obtain their own hair and makeup artist and/or stylist as it is already provided in the package.
2. Deliverables
After the photoshoot, the client will be provided a viewing gallery within 48 hours. The client must choose their favorite photographs within 14 days after obtaining the viewing gallery. Clients may pick and purchase additional photographs in excess of the amount specified in the package ordered. After the client has chosen their photographs, the post-production editing procedure will commence. Within four weeks, the client will receive the final and retouched photos. If the delivery of the photos will take longer than 4 weeks, all parties will be notified.
The photos are delivered as digital files through a downloadable secure link unless otherwise agreed upon between photographer and client.
3. Fees
A 50% payment is required upon booking confirmation for all photo package reservations. All paid deposits will be subtracted from the final invoice. After receiving the deposit, the photographer will reserve the date and time requested by the customer and will not be able to make another appointment. If the reservation is cancelled, the deposit is non-refundable. The customer acknowledges that the deposit is non-transferable and non-refundable if the client cancels. Cancellation notices must be sent in writing.
Clients will pay 100% by the shoot date. Extra photography time during the session will be charged per hour and must be paid within 15 days of the photographer's delivery of an invoice.
4. Copyright
All copyright of images taken by Sailornicole Photo remains with the photographer. It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the photographer.
5. Intellectual Property
Sailornicole Photo retains a license to intellectual property. This includes, but is not limited to, using any photographs for promotional, commercial, or personal purposes. Images on websites, print materials, social media, and promotional materials are all examples of this. The client grants the photographer the unrestricted right to use and alter the material for commercial, promotional, marketing, competition, or other purposes without compensation, and hereby releases and holds the photographer harmless from any and all claims or liability arising from or related to the use of the material.
6. Alterations
Unless prior permission is obtained, the photographs given by Sailornicole Photo may not be edited, cropped, distorted, or otherwise modified. The photographer will not be held accountable for any claims arising from the client's modifications to the content. The photographer grants the customer permission to make an unlimited number and format of personal copies of the images in any medium. The client shall obtain written permission from the photographer prior to selling or publishing any of the material for financial gain.
7. Indemnity
Sailornicole Photo will not be held responsible in the event of the client suffering damage or loss due to unforeseen circumstances whilst working with Sailornicole Photo. The client hereby agrees to indemnify, release, discharge and hold harmless the photographer, his or her heirs, legal representatives, assignees, employees or any persons or corporations acting under permission or authority of the photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
8. Cancellations
If the photographer cannot attend to his or her duties for medical reasons or other emergencies, every effort shall be made by him/her to engage a competent replacement photographer at no extra cost to the client. If the photographer cannot source a replacement photographer or the client is not satisfied with the proposed replacement, all monies paid by the client (including the deposit) shall be refunded in full, and the photographer’s liability shall be limited to this refund.
9. Attribution
Sailornicole Photo requests for all photography used on the internet, social media, print and other forms of sharing other than personal use to be credited to Nicole Ainsworth - Sailornicole Photo, (Instagram - @sailornicole) (TikTok - @sailornicole_), (Facebook – Sailornicole Photos). Copyright logos cannot be cropped out or removed by any third party.
10. Confidentiality
All information and discussions between the client and Sailornicole Photo are considered confidential and will not be disclosed to any third party.
11. Loss or damage
The photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, the photographer shall refund all monies received and her liability shall be limited to this refund. If a portion of the material is lost, stolen or damaged for any reason, the refund shall be calculated pro-rata based on the package selected and her liability shall be limited to this partial refund.
12. File Storage
Sailornicole Photo does not provide file storage or take responsibility for loss or damage to files after they have been delivered to the client. Online photo galleries used for delivering files to clients may be deleted after 30 days. It is therefore recommended that clients duplicate their files and store them across separate locations.
Agreement
By placing any booking through Sailornicole Photo you agree to the above terms and conditions, and the contracts shall be considered as binding as a manually signed paper original.