1. Deposit and Payment. The Client shall make a deposit of 50% to retain the Photographer to perform the services specified. Until payment is received your session time and date is not secure. The 50% deposit is not a refundable fee within 2 weeks prior session. At such time as this order is completed, the deposit shall be applied to reduce the total price and Client shall pay the balance due. If the Client refuses to pay the other 50%, MG phos may deny delivering the work done.
2. Cancellation. If the Client shall cancel this Agreement 15 or more calendar days before the session date, any deposit paid to MG phos shall be refunded in full. If Client shall cancel within 14 days of the session date and if the Photographer does not obtain another assignment for that time, the photographer shall retain the deposit.
3. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, digital files, proofs, contact sheets and previews, shall be the exclusive property of MG phos. MG phos shall make proofs and previews available to the Client for the purpose of selecting photographs as finished prints, digital contact sheets, web site or CD-ROM.
4. Copyright and Reproductions. MG phos shall own the copyright in all images created and shall have the exclusive right to make reproductions. MG phos shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio, or the MG phos website or facebook page. If MG phos desires to make other uses, MG phos shall not do so without first obtaining the written permission of the Client.
5. Client’s Usage. The Client is obtaining prints and/or digital images for personal use only, and shall not sell any prints or authorize any reproductions thereof by parties other than MG phos. The Client is not permitted to alter images. The Client is not allow to display digital images on a Facebook, Picassa, Kodak, Twitter, etc galleries unless the MG phos’s copyright is visible and a referral to MG phos website is displayed. If Client is obtaining a print or digital file for reproduction, MG phos authorizes the Client to reproduce only under Special Usage Requirements specifically for PERSONAL USE. The Client is not permitted to use the images for commercial purpose, for photographic competitions or display. Even though the pictures may be of you or your client, MG phos still owns the copyright to the images.
6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then MG phos shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, MG phos shall not be liable for any amount in excess of the value of the Client’s order.
7. Photographer. The Photographer may substitute by another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, MG phos warrants that the photographer taking the photographs shall be a competent professional.
8. Inherent Qualities. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases MG phos from any liability for any claims what so ever based upon fading or discoloration due to such inherent qualities. Clients are to be made aware that there may be slight colour differences between what they view on their home computer compared to what is printed.
9. MG phos’s Standard Price List. The charges in this Agreement are based on the MG phos’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
10. Photo sessions are a time to relax and have fun. Parents are requested to treat their children with respect and not to demand them to ‘perform’ for the camera. If there is any aggressive behaviour towards the children, or the photographer, MG phos reserves the right to end the session immediately.
11. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.