
Terms
&
Conditions
Commercial/Personal Photography Contract
Abel Getachew Photography LLC
TERMS
This agreement between (Client), hereinafter referred to as the "Client", and (Abel Getachew Photography), hereinafter referred to as the “Photographer"
AGREEMENT
Payment: Full Payment is required upon or before arrival to perform the job. Photographer accepts all forms of payment including but not limited to, Cash, Check, Debit Card, Venmo, or Zelle.
Delivery: Final images will be delivered within 14 business days via a download link. The album delivery time will then be shown once final images are presented.
Refunds: Upon delivery of images, money paid is nonrefundable and image files cannot be returned to the Photographer.
Cancellation: If Client cancellation of this Agreement prior to 1) the shoot or 2) within one (1) month of this agreement client will pay a twenty-five percent (25)% cancellation fee of the agreed upon payment. For Client cancelation within two (2) days of The shoot, Client is responsible for 100% of the fee and any expenses incurred.
Copyright: Copyright remains with Photographer. Client is granted a non-exclusive, non-transferable license to use the images for approved purposes. The images that are being provided to Client are licensed copies for any reasonable personal purposes, including but not limited to printing copying emailing, and web publishing. Any subjects featured in the photography must obtain written permission from Photographer before using images commercially or publicly. This agreement is a Limited Commercial Use License which is listed in a clause below. Your purchase of the published files releases Photographer from any liability due to loss or damage of the images and also releases Photographer from any obligation to maintain copies of any digital file, images, or photographs. You hereby grant to Photographer the right to use and published images and photographs taken at your photography session to further promote its service, including portfolio, website, display, advertisement, and editorial use. Photographer agrees to limit the use of these images and photographs to promotional and personal use only.
Limited Commercial Use License(LCUL): Images are purchased by Client for Limited Commercial use only. This LCUL includes but is not limited to, advertising, marketing, website usage, and social media platforms owned or managed by the Client. Unauthorized use or distribution of images will result in a penalty fee of $500 per image and may result in legal action. The Client may not alter or edit the images. Exceptions to alterations include adding the company name, logo, or text related to the company and for advertising purposes. Only the Client can use the images provided by Photographer and may not resell, loan, or allot images to a third party for monetary purposes.
Force Majeure: No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to, acts of God (such as hurricanes, earthquakes, flooding) fire, Government restrictions (including the denial or cancellation of any export or other necessary license) wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. Should Client’s event be canceled, postponed, or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by the photographer. Client agrees to reschedule only within Photographer’s available dates within 12 months of original event.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such right or remedies will not preclude further exercise of other or remedy.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.