Media Flea (t/a PeopleBooth) – Photography Terms & Conditions
Please ensure your details for your booking are correct. The Photographer is not responsible for mistakes due to missing or incorrect Client information.
Client must be at least 18 years of age to agree to the below. Clients under 18 must have a parent or guardian do so on their behalf.
Terms and Conditions
Responsibilities. While the Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that this is an uncontrolled event and that due to the vagaries of the weather, available light, time restrictions and the willingness of subjects, the Photographer cannot guarantee that ALL requested photographs will be taken. Photographer takes the utmost care with respect to exposure, transportation and processing the photographs. However, in the unlikely event that all the photographs have been lost, stolen, damaged or destroyed for reasons beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the session. If the Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems and if she cannot provide another competent professional, all money received by the Photographer, minus booking fee and expenses, will be returned to Client and the Photographer shall have no further liability with respect to this agreement.
The Client acknowledges that, where applicable, the behaviour of guests at the booked event are Client’s responsibility, and as such the Client is liable for the repair/replacement cost of any equipment or property of the Photographer that may become damaged as a result of a guest or themselves mistreating the above.
Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the session. Guests, family, and friends of the Client shall not be permitted to photograph during the session.
Photographer Style. The photographer will compose, shoot, and edit the photos to the style depicted in their portfolio. It is assumed that by the time of session, the Client has perused the Photographer’s samples and understands & agrees to their style. Client input will be taken into consideration, but the final decision is at the discretion of the photographer. It is asked the friends or family of client who may be present at the shoot not interrupt the session.
Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client (at a fee), or for the Photographer’s
b. entry in photographic contests or art exhibitions
c. self-promotion/editorial use/website (see condition 6. Model Release)
d. display within or on the outside of the Photographer’s studio.
Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or use for any commercial purpose. If Client is obtaining a print for newspaper announcement of the wedding (if applicable), editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall include a credit for the Photographer adjacent to the photograph in type no smaller than that of the related text. Client may purchase a CD with a print release to allow them to have the images printed at any local photo lab or home printer. Clients may not modify or edit the images in any way.
Model Release. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child/children, or in which Client may be included for editorial, trade, advertising and other promotional purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs. I hereby give permission to Victoria (Vicki) Ferguson, Media Flea & Laugh-Anon Entertainment (trading as PeopleBooth) to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful promotion purposes.
Payment Policy. The Client shall pay a booking fee to retain the Photographer to perform the services specified herein. This can me made via Credit Card, Cash, Paypal or EFT (Bank Transfer) and is payable upon confirmation of booking. The balance of the payment due shall be made prior to the session. Any session fees must be paid before services are rendered. Any product fees (extra CD/DVD, prints, photobooks etc) must be paid before the product is delivered. If the Client cancels the session less than fourteen (14) calendar days before the booking date, the Client forfeits the booking fee.
Digital Negatives (where services are booked for Portraits or Event Coverage – not applicable to PeopleBooth: photo booth style bookings). Raw files or negatives are property of the photographer, and will not be delivered to the client. Clients will not receive ALL photos taken, but will receive the best images at the photographer’s discretion. Clients booking portraits will receive a minimum of 10 images, and the photographer reserves the right to discard of blurry photos, eyes closed, etc.
Agreement. This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.. In event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this contract. Clients assume responsibility for all account collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary.
By submitting a booking you are agreeing to:
The parties have read the entirety of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement. The Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.