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Our General Terms is listed below. Please let us know if you have any questions or comments.

 
 

ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER AND/OR VIDEOGRAPHER (MG Studio) and the CLIENT.  It supersedes all prior and simultaneous agreements between the parties.  The only way to add or change this agreement is to do so in writing, signed by all the parties.  If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived.  The party against whom a waiver is sought to be effective must have signed a waiver in writing.

PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation two to three days before the event date in order to finalize the actual shooting times, locations, and CLIENT's request list for specific photographs.

COOPERATION:  The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.  PHOTOGRAPHER AND/OR VIDEOGRAPHER is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to PHOTOGRAPHER AND/OR VIDEOGRAPHER.  PHOTOGRAPHER AND/OR VIDEOGRAPHER re-commends that CLIENT designate an "event guide" to point out important individuals for informal or candid photographs

SHOOTING TIME/OVERTIME RATES/ADDITIONS: CLIENT is responsible for added production fees and expenses due to conditions imposed by CLIENT but not revealed at contract inception; e.g.,  photographic retouching of serious blemishes, travel expenses due to change of location, event overtime, or additional portrait sessions.

HOUSE RULES:  The PHOTOGRAPHER AND/OR VIDEOGRAPHER is limited by the guidelines of ceremony official or reception site management.  CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER and/or VIDEOGRAPHER.  Negotiation with the officials for moderation of guidelines is CLIENT's responsibility; PHOTOGRAPHER AND/OR VIDEOGRAPHER will offer technical recommendations only. If PHOTOGRAPHER AND/OR VIDEOGRAPHER is unable to record the event due to certain guidelines setup by ceremony location, CLIENT will be reimbursed for time scheduled during the ceremony.

PREVIEWS:  Print previews and/or the eproof feature are usually ready within 30 days of the event date, except when laboratory schedules are heavy.  If CLIENT is unhappy with any of the project images, CLIENT must provide a statement in writing as to why they are unsatisfied with the project images within 10 days after CLIENT is notified of eproof upload for viewing. If CLIENT us unable to supply in writing within the 10 day time frame, CLIENT defaults to accepting the images uploaded and is required to provide full payment to PHOTOGRAPHER AND/OR VIDEOGRAPHER.  If any of the project images are either exposed incorrectly and are not correctable, CLIENT will receive a FREE reshoot of its subjects, items or products requested during the first shoot.  Orders received more than 90 days after PHOTOGRAPHER AND/OR VIDEOGRAPHER has presented the previews to CLIENT may be subjected to price increases on items including packages.

ALBUM & PRINT ORDERS:  Print orders and presentation albums submitted online using the companies (Online Proof System) must be paid in full prior to order being generated. If CLIENT is unhappy with the quality of their order, CLIENT must provide notice in writing within 7 (seven) days upon receiving their order. MG Studio is not liable for any damages that may accrue while in CLIENTS possession.

COPYRIGHTS:  The photographs produced by this PHOTOGRAPHER AND/OR VIDEOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without PHOTOGRAPHER AND/OR VIDEOGRAPHER's explicitly written permission.  In the case of co-rights, CLIENT may duplicate images for personal use only.  All publicly displayed/printed images must have PHOTOGRAPHER AND/OR VIDEOGRAPHER's approval and release.

NEGATIVES & DIGITAL MEDIA:  If CLIENT goes with option for co-rights of negatives and/or digital images, PHOTOGRAPHER AND/OR VIDEOGRAPHER will have negatives and/or digital images developed and create a professional proof document. Negatives may reside with CLIENT.  However, before proofs and negatives/digital media are turned over to CLIENT,  PHOTOGRAPHER AND/OR VIDEOGRAPHER has option of creating digital copies of selected images.  If CLIENT chooses to purchase an album or other form of presentation, the negatives are not for sale, but it is recommended that CLIENT notify MG Studio of address changes, should MG Studio choose to sell or relinquish negatives at some future time. (Five years is typical storage time.)

LIMIT OF LIABILITY:  In the unlikely event that the PHOTOGRAPHER and/or VIDEOGRAPHER is injured or becomes too ill to photograph the event, PHOTOGRAPHER AND/OR VIDEOGRAPHER will make every effort to secure a replacement PHOTOGRAPHER and/or VIDEOGRAPHER.  If the situation should occur and a professional replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.  PHOTOGRAPHER AND/OR VIDEOGRAPHER 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, or destroyed for reasons within or beyond PHOTOGRAPHER AND/OR VIDEOGRAPHER control, PHOTOGRAPHER AND/OR VIDEOGRAPHER liability is limited to the return of all payments received for the event package.  The limit of liability for a partial loss of originals shall be a prorated amount of the package selected, based on the percentage of originals lost.

SECURITY DEPOSITS:  In the event of a postponement or cancellation, the security deposit  paid (50% U.S. Dollars) of total amount of invoice.  It shall be liquidated damages to PHOTOGRAPHER AND/OR VIDEOGRAPHER in the event of a breach of contract by CLIENT.  If PHOTOGRAPHER AND/OR VIDEOGRAPHER is able to re-book the date with another project, the security deposit will be refunded, minus a processing fee of $150.  CLIENT shall also be responsible for payment for any PHOTOGRAPHER AND/OR VIDEOGRAPHER labor or material charges incurred up to time of cancellation. If CLIENT chooses to secure deposit and payment by Credit Card (Visa/Mastercard, American Express), a 3% charge will be added to each transaction balance submitted.

COMPLETION SCHEDULE:  For the option to purchase an album or other viewing portfolio, albums take 2-4 weeks and reprints 2-6 weeks after orders are placed, except when labs and bindery schedules are heavy.

PAYMENTS:  CLIENT agrees to timely payment.  In event of payment default, CLIENT is responsible for (but not limited to) bad check fees, collection costs, certified mailing, lawyer's fees, and court costs.

MODEL/EXHIBITION/RELEASE:  CLIENT grants PHOTOGRAPHER AND/OR VIDEOGRAPHER access to negatives and the unrestricted right to copyright, use and publish photographs resulting from this assignment for commercial, promotion, competition or other purposes such as, but not limited to, print ads, brochures, website, exhibits and other promotions without compensation or liability to the client.

 

all rights reserved  |  mg studio 2005