TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Brey trading as Yosemite's Golden Photography. “The clients” shall be those persons using the services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
ii. Any images being used on social media, websites, must credit the photographer The photographs produced by this photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer's explicitly written permission. The Photographer is the only one who can crop, modify, or alter any image produced at this photo session. You may post images on social media but must credit the photographer at all times.
ii. Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted.
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 will be at the discretion of the photographer although every effort will be made to comply with the client's 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 honor 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 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 ceremony 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 colors 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.
i. A non-refundable booking fee of 50% for regular sessions and 35% for weddings/elopements 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 when calculating the final balance due.
ii. Payment in full of the remaining balance will be due the day of for regular sessions and 1 week before weddings/elopements.
iii. Additional goods ordered must be paid for in full at the time of ordering.
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 events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown, etc.
6. DIGITAL NEGATIVE FILES/RAW FILES
i. All digital negatives (computer files) remain the property of the photographer. All digitals from regular sessions or wedding packages are not shared or offered.
ii. Should the digital negative files be lost, damaged, or destroyed for reasons beyond control, the photographer's 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. CREDITING THE PHOTOGRAPHER
i. Photographer must be credited at all times when using any of the images taken by Yosemite's Golden Photography or associates.
ii. Images may not be used for competitions if there is a reward. If used, a fine will be applied and the item(s) will be turned over to the sole owner of the images, Yosemite's Golden Photography.
iii. Failing to do so, Yosemite's Golden Photography will ask to request withdrawal of the image from the contest/source within 24-48 hours and/or contact the editor to request a withdrawal.