terms

RED BOAT PHOTOGRAPHY TERMS AND CONDITIONS

Definitions:

“The Photographer” is Katie Sams d/b/a Red Boat Photography.

“The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

Acceptance of Terms and Conditions:

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

By accessing Photographer’s website, the viewer submits to and agrees to these Terms.

Website:

The content and images used on this website are the property of and copyright by Katie Sams. Certain images may be utilized on other websites under the control of the photographer and/or Red Boat Photography. No images or content may be copied, duplicated, or otherwise taken from the website without express written permission from Katie Sams and/or the creator of the work.

Payment Terms:

  1. For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the assignment.
  2. For authorized account holders, payment of the Photographer’s invoice must be made within 30 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 30 days.
  3. A deposit of 50% of the total amount of the contract is expected for scheduled events. The deposit amount will be at the discretion of the Photographer at the time of contract signing.
  4. The photographer reserves the right to charge interest on all overdue invoices at a rate of 3%, compounded monthly.

Retention of Title:

The copyright of photographs remains with the Photographer now and into perpetuity. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Client and his or her friends and relatives. Sale, Publication, or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.

Cancellation Fees:

  1. Cancellations:              In the event of the Client cancelling for whatever reason, the deposit is non-refundable. It will be considered as liquidated damages to the Photographer. The Photographer may, at its discretion, reschedule.
  2. Weather Permit:          The Photographer is not liable for any weather patterns, inclement or otherwise. At its discretion, the Photographer may cancel an event due to weather. The Photographer may also, at its discretion, make reasonable attempts to reschedule events cancelled due to weather.

Overruns:

The Photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief etc.).

Conduct:

The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if it deems any behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

Delivery of Products and Services:

The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays.

Model Release:

The Client grants the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Client for editorial, competition, advertising, and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client hereby releases the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Limit of Liability:

Under no circumstances will the Photographer be liable for consequential damages. In any event not specifically mentioned otherwise herein, Photographer’s liability shall be limited to the value of the deposit on the applicable Event Agreement.

If the Photographer is too ill or becomes injured and cannot supply the services specified in a contract, the Photographer will try to book a replacement photographer of its choosing.

The Photographer has working methods in place to prevent loss or damage to images. However, there is the unlikely possibility that images may be lost, stolen, or destroyed for reasons in or beyond Photographer’s control. In these event that all images become unavailable for the Client.

liability is limited to the return of fees paid. Otherwise, Photographer may, in its own discretion, refund a percentage of the contract fees based on the number of photos that became unavailable.

Creative License:

Photography is a subjective art form. The Photographer will make every effort to satisfy Client requests for specific images; however, the Client understands and agrees that the Photographer retains full artistic license to compose all images, packaging, and corresponding edits. Under no circumstances will the Photographer provide any refunds based on a Client’s subjective opinion of images already taken.

Choice of Law/ Forum Selection/ Attorney Fees:

Any dispute arising from or in connection to any services provided by the Photographer or related to Photographer’s website must be brought in the Roane County Circuit Court in Kingston, Tennessee to the exception of any other court or legal proceeding in the world. By accepting services from the Photographer or accessing Photographer’s website, the client or viewer agrees to submit to the jurisdiction of the aforementioned Court and accept service of legal papers wherever the Client or viewer may be found, including by email.

The law to be applied in the aforementioned disputes is limited to the Law of the State of Tennessee as applied in the State and Federal courts of Tennessee to the exclusion of all other law.

In any action for enforcement of payment by the Photographer, the Photographer shall be entitled to recover, in addition to any judgment, all costs, fees, interest, and attorney fees expended in its enforcement action.

Severability:

In case any provision in these Terms and Conditions shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.