TERMS & CONDITIONS

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In the following terms & conditions “the photographer” shall mean Krista Nutter trading as Krista Nutter Photography, LLC. “The clients” shall be those persons defined as any individuals booking, scheduling, or purchasing services or photographic products from the photographer. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

 

1. COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.  

 

2. DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

 

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the event or session will be at the discretion of the photographer although every effort will be made to comply with the clients requirements. 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

iii. For a booking involving a church ceremony, sports arena, or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. 

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

 

4. PAYMENT

i. A non-refundable booking fee of $50.00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package or session fee when calculating the final balance due.

 

ii. Payment in full of the remaining balance will be due prior to the scheduled shoot. 

iii. Additional goods ordered must be paid for in full at the time of ordering. No products will be ordered until full payment has been received.

iv. Titles to all goods remains with the photographer until paid for in full by the client(s) 

 

5. FORCE MAJEURE

i. In the very unlikely event of cancellation by the photographer due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc., or of total photographic failure, liability shall be limited to a full refund of any fees paid. 

ii. The photographer will make every effort to reschedule the shoot at a mutually agreed upon day and time at no additional cost to the client.  If a shoot cannot be rescheduled, the client will receive a full refund of all fees paid.  

 

6. DIGITAL NEGATIVE FILES

i. All digital negatives (computer files) remain the property of the photographer. All photographic packages include a copy of the edited digital files to the client(s) for their own non-commercial use.  Low-resolution files for online sharing will be included as well as higher resolution digital files for the purpose of printing print sizes corresponding to the original prints purchase. No large format or commercial printing is permitted.  Digital or print images may not be sold to a third party without express written permission from the Photographer.

ii. Should the digital negative files be lost, damaged of destroyed for reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

 

7. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

 

8. CANCELLATION FEES

i. If the client(s) should have to cancel a booking within 48 hours of a scheduled shoot, the following cancellation fees will become due immediately upon said cancellation: 

ii. Forfeit of original booking retainer / cancellation fee of  $50.00. 

 

10. DELIVERY

i. The photographer will endeavour to deliver digital files and purchased prints as quickly as possible. However this could take up to 4-6 weeks for large orders or during busy periods.