Terms and Conditions
Terms and Conditions
We will always do our best to fulfill and, hopefully, even exceed your photography needs. But it’s often best for everyone to have a few things written down so that we both know what’s what, who does what and when, and what happens if something goes wrong.
As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business.
You may already have a relationship with an advertising agency, graphic design company, marketing agency or public relations agency. That’s great because we’re not any of those things. We are a company that produces photography and we’re happy to help you with any photography-related issues. But we’re not qualified to help with such things as advertising layouts, web site design, graphic design, marketing or public relations campaigns.
David and Durre Photography is a subsidiary of David Cowan Photography, LLC and any work with David and Durre Photography is understood by Client to be work with David Cowan Photography, LLC.
This Agreement is by and between David Cowan Photography, LLC (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.
2. USAGE RIGHTS and OWNERSHIP:
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America. Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees. No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tearsheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.
4. GENERAL LIABILITY and RELEASES:
Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the Image(s).
Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image uses that require a release.
It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Client is responsible for informing all attendees of all parts of a wedding including but not limited to ceremony, reception, and any portrait sessions that Photographer will be on premises and has the right to photograph any person involved with the wedding in any way including wedding party and guests attending the wedding.
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED PAYMENT IN FULL. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR USE PRIOR TO RECEIPT OF FULL PAYMENT WILL BE DOUBLE THE INVOICE TOTAL.
Client understands that full payment for engagement sessions is required at time session is booked with photographer and is non-refundable.
Client understands that in order to guarantee booking for wedding half of amount due is required at time of booking and is non-refundable unless official cancellation is received prior to 90 days before event date. Once a date is booked Photographer refuses any request for service from other potential clients. Client understands that the remaining balance for all weddings must be paid in full no less than one week prior to even date. Client understands that failure to pay balance in full at least one week prior to event can result in Photographer not photographing event and releases photographer from all liability.
Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.
6. CANCELLATIONS and POSTPONEMENTS:
Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept other work from any other clients for that time(s) and date(s).
Client understands that fees for engagement sessions are non-refundable. If client must cancel engagement session after booking Photographer will work with Client to book an acceptable date for both parties. If an agreement on a new date cannot be made due to Client restrictions Client understands that complete forfeiture of amount paid will occur.
Wedding Clients understand that cancellation of Clients event by the Client after 90 days prior to event will result in forfeiture of full amount of deposit (half of amount due).
Photographer cancellations will result in full refund.
Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
Client may request a re-shoot for engagement sessions if images are not acceptable due to Photographer loss of images due to mechanical malfunction. Re-shoots will not be accepted if Client is not happy with aspects of shoot such as Client clothing choice, Client location choice or Photographer style of photography.
If Client requires a re-shoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the invoice for the original shoot, plus all expenses for the re-shoot.
Client understands that wedding re-shoots are not authorized for any reason.
If a re-shoot is required for reasons beyond the control of Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee, but Client agrees to pay all expenses for the re-shoot.
8. FAILURE TO PERFORM:
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
9. KILL FEE:
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
10. ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.
11. DIGITAL FILE QUALITY:
Photographer is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
12. PRINT QUALITY:
Photographer is committed to using high quality products. However, Client is aware that color dyes, inks, and other materials, used in photography may fade or discolor over time. As such, Client releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discoloration of any photographic prints.
13. ACCEPTANCE OF TERMS:
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the United States, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Atlanta, Georgia. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
Disputes: Except as provided in  below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Photographer's City, Photographer's State, under rules of the American Arbitration Association and the laws of Photographer's State; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
(2) be adjudicated in Photographer's City, Photographer's State under the laws of the United States and/or of Photographer's State.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
15. FEDERAL JURISDICTION:
Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
16. FINAL APPROVAL OF WORK TO BE COMPLETED:
Client(s) understand that completion of contact form or any form of contact between Client and Photographer does not guarantee work will be performed. Client(s) understand that final approval of work to be completed is the responsibility of the Photographer and the Client agrees to accept Photographers decision regardless of outcome. Client agrees that if Photographer decides not to work with Client that Client will not seek further action against Photographer including litigation or lawsuits of any kind. Client agrees to abide by Photographers final decision regarding work to be completed and releases Photographer from any and all liability.