Terms & Conditions
Definitions
The Photographer: Lacey Den Hartog
The Company: LDH Photography LLC
The Client: Any person, persons, firm, or company with whom the Photographer enters a contract with for the photography services and products by the Photographer.
Proofs: Final images selected from shot images, chosen at the Photographer's discretion.
Any amendments to these Terms & Conditions must be agreed upon, written, and signed by both parties, Client and Company/Photographer.
1) Responsibilities & Cooperation – All parties and any other contacts or representatives are expected to be professional and respectful of each other. The Client is to understand and read the following information, communicate, and submit any necessary forms to the Company/Photographer in a timely manner.
2) Reservation – If the Event(s) or Reservation(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, any deposit that has already been made is non-refundable and shall be liquidated damages to the Company. The Client shall also be responsible for payment for any of the Company's materials and time charges incurred up to time of cancellation. An event reminder will be sent to the Client via email, phone, or text to confirm the date and time of the event, a week before the set date. If the Photographer does not receive confirmation in any form within that week before the scheduled photoshoot, then the Contract may be cancelled.
(a) Late Policy – If the Client is 20 minutes late to a photoshoot, the Photographer may leave the location, thus cancelling the meeting for that day. Rescheduling any photoshoot will incur a $50 fee.
(b) Events and Wedding – Dates must be reserved in a week in advance to the event date, at the very least. If a request is made with less than a week before the event, it is up to the Company on whether or not to accept the event. If the Client or main contact for the event is unresponsive or unprofessional any time leading up to or during the event, the Photographer may cancel coverage for the event.
(c) Weather/Environmental Hazzards – Every reasonable effort will be made to take the requested pictures. The Client must understand that this is an uncontrolled event and that due to the vagaries of the weather, available light, time restrictions, and willingness of subjects, the Photographer cannot possibly guarantee that ALL requested photos will be taken.
3) Sole Photographer – During your session with the LDH Photography, the Photographer will be the ONLY professional photographer permitted to photograph the event. It is requested that any guests with cameras (i.e. point and shoot, DSLR, cellphones, etc.) turn off their flash.
4) Safety – If, at any time, the Photographer or representative(s) for LDH Photography LLC experience inappropriate, hostile, offensive, or unsafe behavior from person(s) at the event(s), the Photographer reserves the right to terminate coverage of the event and this contract. In this circumstance, the retainer fee and any paid deposits are non-refundable.
5) Shooting Time – The shooting time for the session is to begin and end at the designated times. If shooting time goes over the designated times, the CLIENT will be charged overtime fee.
6) Copyright – All images are owned by LDH Photography LLC (The Photographer). The Company will retain all rights to the images in perpetuity, regardless of possession/ownership of images, in digital and other mediums. The Client and third-parties are prohibited from altering or editing the final images. Upon final payment, the Client receives copyright usage for PERSONAL USE ONLY: intended only for redistribution to Client’s family, friends, and close relations. Photos cannot be resold, edited, or republished for profit by the Client or their associates.
(a) Social Media – Any images uploaded to social media or anywhere online, by any party other than the Company, must give credit to the Company or the Photographer.
(b) Exceptions – Exceptions may be made, but are not guaranteed to be granted, to the Personal Use Only usage, only if agreed upon, written, and signed by the Company and requesting party. The Client(s) must obtain written permission and compensate LDH Photography prior to the Client(s) or its friends or family from publishing or selling the photographs for profit. Permission is not guaranteed.
7) Liability – The Client is hereby waiving, releasing, and discharging the Company and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from the event. The Company is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children, themselves, and their pets, and release photographer from any claims against their person or their business. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against the Photographer and the Company for any reason.
8) Model Release – The Client(s) grants LDH Photography LLC and representatives the right to publish images of the Client, or in which the Client is included, for advertising, editorial, trade, and other purposes in any manner or medium. The Client(s) releases LDH Photography LLC and its representatives from all claims and liability related to said images. If the Client or subject is under 18 years of age, a parent or legal guardian may revoke Model Release permissions. LDH Photography LLC must be notified of this decision within two weeks after the photoshoot date, at the latest. With no notification, the images will be used under the regular policy and the decision to revoke the permissions after the two week period will not be reinstated.
9) Payment and Pricing
Payment is due before or on the day of the scheduled photoshoot. For Weddings, half is due before the event date, with the remaining half due within two weeks after the event. Exceptions to the payment date can be made, but are not guaranteed, if the Client(s) is unable to pay in full at the determined date. A payment plan may be established to accommodate the Client if approved by LDH Photography. Cash, checks, and card payments (via Paypal) are accepted. If listed prices have changed before the photoshoot date, whether on the website or other locations where prices may be found, the price that was listed at the time of the booking will be honored.
10) Applicable Charges – The Client is subject to additional charges if applicable. Such charges may include: travel, accommodation, meal, mileage, late fee, rescheduling or cancellation fee, shooting over the allotted or schedule time. All mileage expenses are free within a 25 mile radius of the Company address, after those first 25 miles will be charged at $0.54 per mile. Cost of location permits is the Client's responsibility.
11) Images and Proofs – Images will be edited and selected at the Photographer’s discretion and the final product, or Proofs, may not include all images shot. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. The Company reserves the right to edit and release images deemed credible, are of professional quality, and within the Photographer’s artistic standard. The Company and Photographer reserve the right to use a variety of image file formats, mediums, edited versions, and/or reproductions for advertising, display, publication, or distribution, not restricted to use on social media, business cards, business website, or other printed formats.
(a) Digital Images – Once the images are received, the Client(s) is responsible for archiving and protecting the photographs. LDH Photography and associates are not responsible for the lifespan of any digital media provided or any changes in technology that may make the images provided inaccessible.
(b) Image Back-up – Images are backed up through numerous means, but the lifespan of all images cannot be indefinitely guaranteed. Technology can have it’s faults. It is advised that, once received, the Client(s) proceeds to back-up or store the images in a secure place, whatever that may be to the Client.
(c) RAW files – With the exception to (most) sports photography, almost all other events will be shot in RAW. For same day turnover and to maintain relevancy of the athletic event, JPEG images can be delivered via email or imported in person to Media Relations or related representative. Athletic portraits (still/posed images) will be in RAW, as they will be processed like all other categories. RAW files are to ONLY be used by the Company. Any requests from the Client or persons, for the RAW files will be denied.
12) Delivery – Preview images and Proofs will be delivered to the Client via online gallery.