Coverage: Coverage will begin on the date and at the time agreed upon, and continue for the number of hours purchased, contiguously.
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Image Delivery: Online proofing galleries will be available for viewing within fourteen (14) days of the session date. After final images selections are made by the client, final edits will be made to the selected images and sent to the client as a digital download. If purchased, prints and products will be available within fourteen (14) days after full payment has been made. No images, prints, or products will be delivered until a full payment has been received by the photographer.
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Retainer: A Retainer Fee is required for all portrait sessions.
This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. If a session is canceled due to weather or illness, the retainer amount will be applied towards a gift certificate valued at the amount paid.
Cancellation: There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Online Galleries: Online proofing galleries will be available for viewing within fourteen (14) days of the session date. Galleries will be available for seven (7) days, after this time frame galleries will be automatically taken down. There will be a $25 fee to re-upload images to the online proofing galleries. Images in the online proofing galleries are for viewing only. Client agrees not to copy in anyway including but not limited to screenshots, printing, or copying in any manner. Selected and purchased images will be edited to completion, and all final selected images will be sent via email within 48 hours to be downloaded by the client. Once downloaded, it is the client's responsibility to backup and properly archive images. Once downloaded, the photographer is no longer responsible for digital copies of any images from the session.
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Copyright: As a client of Metcalfe Imagery, I acknowledge and understand that the images taken by Metcalfe Imagery, photographer; Hannah Metcalfe, are protected by Federal Copyright Laws. I understand it is ILLEGAL to copy or reproduce these photographs elsewhere without the photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. A limited PRINT RELEASE is supplied with the purchase of my high resolution digital files to print your portraits for your own personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering your images without the photographer's permission. Reproduction includes, but is not limited to scanning, photocopying, obtaining screen shots, or printing in any manner. Client may not alter images in any way, including applying filters.
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Liability: Photographer would never intentionally put Client in danger of any way. However, Photographer shall not be held responsible for any injuries sustained by Client or any other participating parties. Client(s) will be responsible for their children and for themselves. Client hereby waives and releases Photographer from any and all claims relating to injury to person or property sustained in connection with the Session and agrees to assume responsibility for Client’s guests. Additionally, Client waives and releases any and all claims against Photographer for damage to or loss of clothing or accessories of any kind.
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Creative License: Images are edited at Photographer’s discretion, and delivered prints may not include all images shot. Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within Photographer’s artistic standards.
Force Majeure: If the Photographer or its assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the Parties, then the Photographer shall return any money paid by the Client, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Severability: Should any provision of this Agreement be determined to be unlawful or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain fully enforceable. This Agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. This Agreement shall not be modified unless such modification is contained in writing, signed by both Parties.
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Model Release:
Client grants Metcalfe Imagery LLC the right to take photographs of the client and the client's property in connection with the above identified event. Client authorizes Metcalfe Imagery to copyright, use and publish the same in print and/or electronically.
Client agrees that Metcalfe Imagery may use such photographs of the client with or without my name and for any lawful purpose, including but not limited to, illustration, advertising, and web content as examples and portfolio use.
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​This Agreement shall be interpreted and enforced under Pennsylvania law.