Terms and Conditions of Service:


By contracting Andrew Ahearn Photography, LLC the client agrees to the following terms and conditions:


These terms and conditions are between Andrew Ahearn of Andrew Ahearn Photography, LLC (hereafter “PHOTOGRAPHER”) and the client (hereafter referred to as “CLIENT”) for services and products related to a photography shoot (hereafter “SHOOT” or “the SHOOT”)


The CLIENT and the PHOTGRAPHER agree that the SHOOT commences at the scheduled start time and ends at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT in quarter-hour increments at $100.00 and hour.

 

PHOTOGRAPHER will deliver the photographs to CLIENT through a third-party website no more than thirty days (30 days) after the date of the SHOOT. PHOTOGRAPHER will perform basic post-processing or digital image editing services on the photos where artistically necessary. The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. Additionally, CLIENTs can view, download, and order prints and other photo products for the prices set forth on the website. PHOTGRAPHER is not responsible for products ordered through the third-party website.

 

2. Fees:

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the fees set forth on the invoice.

 

CLIENT acknowledges and agrees that a retainer totaling 50% (fifty-percent) of the total price of the services is due upon scheduling the SHOOT and is not refundable, so as to fairly compensate PHOTOGRAPHER for committing his time to provide services and turning down other potential projects or clients. Both parties agree that the retainer will be credited towards the total Fees payable by CLIENT.

 

If CLIENT is unable to make the originally agreed-upon date and time, and with at least 48 hours’ notice, the PHOTOGRAPHER (at his discretion) may allow the shoot to be rescheduled. If CLIENT cancels this SHOOT for any reason or is a no show for the SHOOT, the retainer will not be returned to CLIENT.

 

The balance of the payment for photography services must be paid in full by the date listed on the invoice and prior to any photographs being delivered. 


Merchandise is not included and will be sold at the current price when the order is placed by the CLIENT. Coupon vouchers provided by the PHOTOGRPAHER have no intrinsic cash value and may only be applied toward merchandise purchased from the PHOTOGRAPHER’s website.  Additional services requested by CLIENT not covered by the current invoice are subject to additional charge/s.

 

3. Ownership and Copyright:

PHOTOGRAPHER will own all rights, titles, and interests in all photographs produced. CLIENT (on behalf of itself and any attendees or participants at the SHOOT) understands and agrees that all photographs produced by the PHOTGRAPHER shall remain sole intellectual property of the PHOTGRAPHER and are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTGRAPHER’s explicitly written permission.

 

4. Limited License to CLIENT

Upon complete payment, PHOTOGRAPHER hereby grants CLIENT an exclusive, limited, non-transferable license to use the photographs for CLIENT’s personal use, provided that CLIENT does not alter or remove any attribution notices or copyright notices included by PHOTOGRAPHER on any photographs. Personal use includes, but is not limited to, use of photos on CLIENT’s personal social media pages or profiles; in CLIENT’s personal creations, such as, scrapbooks, albums or personal gifts; in non-commercial physical display; and in personal communications, such as family newsletter, email, or holiday card(s). 

 

The CLIENT agrees not to reproduce, modify, publish, or sell the photographs provided by the PHOTOGRAPHER for commercial use without first obtaining a formal written release signed by the Photographer.


5. Indemnification:

5.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment, pose or person(s), or aesthetic preference during the SHOOT.  The PHOTGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHTOGRAPHER, rendering of decorations, or restrictions of the location(s).

 

5.2 - The PHOTOGRAPHER is not liable to deliver every image taken at the SHOOT. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.

 

5.3 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss, damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

 

5.4 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss due to technological failure/malfunction (including data loss), theft of equipment, or data file destruction beyond the PHOTOGRAPHER’s control. 

 

5.5 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this SHOOT 60 (sixty) days after the photos have been delivered to CLIENT.

 

5.6 – CLIENT agrees to indemnify, defend and hold harmless PHOTOGRAPHER and its agents for any injury, property damage, liability, claim or other cause of action arising out of or related to the SHOOT, services, and or work product PHOTOGRAPHER provides to CLIENT.

 

5.7 - Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the PHOTOGRAPHER) hereby waives all rights and claims, and releases PHOTOGRAPHER from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of images pursuant to this contract.

 

6. Duty of Client/Permits:

CLIENT will obtain all permissions and permits necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions or permits resulting in fines, or which prevent PHOTOGRAPHER from photographing the event(s) is not the fault, liability, or responsibility of photographer.

 

7. Exclusive Photographer:

CLIENT agrees and understands that no party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

 

8. Model Release:

CLIENT (on behalf of itself and any attendees or participants at the SHOOT) grants permission to PHOTOGRAPHER to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, editorial, advertising, educational, and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image in connection with the marketing, advertising or promotion of PHOTOGRAPHER’s services, including in connection with PHOTOGRAPHER’s studio, portfolio, website or social media, in any format or medium.

 

9. Approval:

By agreeing to work with and rending payment for service from the PHOTOGRAPHER, CLIENT has read, understood, and agrees to abide by these terms and conditions as they are listed above.