LIMIT OF LIABILITY
Although care will be taken with the digital files, Takisha Nesbitt (Photography) limits any liability for loss, damage or failure to deliver photographs for any reason of Photographers non-performance caused by any force or similar circumstances, illness, accident or any cause beyond their control. In any event, the limit of Photographer’s liability shall not exceed the contract price stated herein.
EXCLUSIVE PHOTOGRAPHER (relates to portrait or non-event sessions only)
It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near Takisha Nesbitt (Photography) while she is working due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement can constitute a reason for non-completion of the job with no liability to Takisha Nesbitt (Photography).
OWNERSHIP OF DIGITAL FILES
It is agreed that dual ownership of the digital files will be maintained by the Client (You) and Takisha Nesbitt (Photography). Upon delivery of the digital files to Client’s physical control, the client shall gain personal non-commercial rights to images. It is also agreed that Takisha Nesbitt (Photography) will have full rights to use all images for advertising purposes. Clients have the choice to purchase additional CDs of the original files at the time of purchase. However, Takisha Nesbitt (Photography) do NOT guarantee archival of the digital files passed a period of one year after the session/event date and will not be held responsible if loss occurs as per section 1.
DISPLAY or PROMOTION
It is agreed that the Photographer may display and use photographs from session/event for website and internet promotion, and any other non-commercial purposes thought proper by the Photographer. Some of your images will be displayed on an online gallery at https://takishanesbitt.shootproof.com/ feel free to share the gallery but do not copy the images as it is illegal to do so without Takisha Nesbitt’s (Photography’s) permission.
RESERVATION DEPOSIT & PAYMENT SCHEDULE
Upon signature, Takisha Nesbitt (Photography) reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the deposit of 50% of the balance stated is non-refundable, even if event date is changed or photo shoot cancelled for ANY reason. Sessions can only be rescheduled one time at no cost. The deposit is to be paid at time of parties signing this contract. The deposit is applied towards the total balance upon completion and submission of this Contract. Client understands and agrees that the entire amount owed for the photography package described in this Contract is due 7 days before the photoshoot day. (No pictures will be taken until paid)
Takisha Nesbitt (Photography) agrees to have the contracted order for the photoshoot photographs completed within a reasonable period of time from the shoot day. Also any other photographic edit orders will be completed within 10 days of order placement. Please allow up to 2 to 3 weeks for delivery of prints, and 3 to 4 weeks for all albums and canvases (if ordered). Please allow up to 10 days for delivery of print release CD.
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
In the event the Client must cancel the contracted services for photography on this Contract, and balance is paid prior to the event/session the Photographer agrees to refund 50% of money paid, excluding the deposit fee.
PHOTOGRAPHY SESSION ORDER
This signed Contract constitutes and order for photography in the form of high resolution images (print) and low resolution (web) on digital files. There are no oral or other agreements of the parties hereto and this Contract constitutes full and complete understanding and agreement between the You (the Client) and Takisha Nesbitt (Photography).
The terms of this contract is accepted by Takisha Nesbitt (Photographer) and You (The Client):