General Terms and Conditions
- Photographer: Thomas A. Bradley, LLC (DBA Tom Bradley Photography) and those designated by him.
- Client: The individual(s), organization or company requesting the services or images.
- Invoice: The document containing the details of the agreement such as date, location, and price.
- Image: Videos or photographic images.
- Photography: The process of capturing video or photographic images.
- Session: An event, meeting, or gathering at a specific place and time where the photography will occur.
Prior to the session, the Photographer will provide the Client with a good faith estimate of the costs for the requested services based on the information provided by the Client. Those estimated costs may change as the details of the project evolve over time. The Photographer will notify the Client if any change or request will impact the final price.
A non-refundable booking fee of 25% is required to hold your date on sessions over $1000. That fee, and all other payments, will be applied to the final invoice. The entire amount of the invoice must be paid prior to the delivery of the high-resolution images unless other arrangements have been made.
Coverage will begin when the Photographer is available to take the first image and will continue until the number of purchased hours are exhausted. This includes travel time between locations, changes in the setup or lighting equipment, staging of props or models, breaks, wait times, etc. Client may choose to extend the length of the engagement with a verbal request to the Photographer during the session. Additional coverage time will be billed at the normal hourly rate.
If your agreement includes still photography services, the photographs deemed acceptable based on the Photographer’s judgment will receive basic retouching including color correction, cropping, reduction of minor background distractions, and touch-ups to reduce minor blemishes in close-ups. More advanced image manipulations such as background replacements, removal of braces, head transplants, and body sculpting is available at an additional cost.
If requested, low resolution images will be added to an online proof gallery. Clients will review the online gallery promptly and identify any additional touch-ups that may be necessary. If no changes are requested within 7 days of the gallery delivery, the images will be deemed as acceptable to the Client.
As the final step, high-resolution digital images will be delivered to the Client on a USB thumb drive or online repository such as Google Drive. Delivery of the high-resolution images will conclude the contractual obligations for this Session.
If your agreement includes videography services, the video clips deemed acceptable based on the Photographer’s judgement will be merged together into a single high-definition video that highlights the activities of the day. The contents and appearance of the final video, including titles, transitions, and music, will be at the sole discretion of the photographer.
Online images will be available for a time period of 180 days. Clients should promptly download and review their images. The Client is responsible for the long term storage of their images.
If the session is canceled, or the Client chooses to not use the Photographer’s services for any reason, the booking fee is non-refundable. In addition, the cost of all services provided and time expended in preparation for the session will be paid by the Client if it exceeds the value of the non-refundable booking fee.
If no booking fee has been paid, and the session is canceled or the Clients do not show up at the scheduled time, a 15% charge will be paid by the clients to cover the time and preparation of the Photographer.
The Photographer will be the exclusive photographer hired or authorized by the Clients for the purpose of photographing the session. Guests at the session are welcome to photograph for their personal purposes as long as they do not interfere with the duties of the Photographer.
Any changes in the date, time, location, or requirements of the session should be communicated in writing immediately to the Photographer who will make reasonable efforts to accommodate the change. Additional charges may be associated with the requested changes. If the Photographer is not able to accommodate the change, the Photographer will be paid for all services provided and time expended in preparation for the session but has no additional contractual obligations for this session.
CONSENT TO BE PHOTOGRAPHED
The Clients give consent to be photographed and authorize the Photographer to take images related to this session that will include the Clients, their children, performers, guests, participants, service providers, employees, other individuals and the children of other individuals. The Clients also agree to inform all individuals at the session that photography will be occurring and there is likelihood that anyone at the session, including children, will be photographed. The Clients will also inform all individuals at the session of these Terms and Conditions under which the Photography is occurring. If any individuals prefer to not be photographed, or prefer their children not be photographed, those individuals will be instructed by the Clients to avoid areas where photography is occurring.
If the images will be used for commercial purposes by the Client, the Clients have the responsibility to get a Model Release signed by all individuals appearing in the photographs. The Photographer is acting under the authority of the Clients and is released from all liabilities related to photographing individuals at the session and use of the images by the Clients or others.
The Client will provide the Photographer with real time feedback and direction during the session to assure that their expectations are being met and that the necessary images are being captured.
FAILURE TO PERFORM
The Photographer is not liable for reduced image quality or missing images due to various conditions including, but not limit to, the absence of the key individuals, schedule changes, weather conditions, navigational issues, problems with props or models, conditions or restrictions at the venue, or the actions of others. In addition, the Photographer is not liable for reduced image quality or missing images through the malfunction, configuration, or loss of the camera, lens, lighting equipment, memory cards, computer systems, or storage devices.
If the Photographer cannot perform their duties due to a fire, casualty, civil disturbances, road closures, traffic delays, transportation issues, fire, terrorism or other causes, or due to a significant illness, injury, or death of the photographer, photographer’s family, key member of the session or their families, then the Photographer shall return any monies paid by the Client, less expenses, but shall have no further liability with respect to the agreement.
The Client acknowledges that any sample photographs or lists submitted to, or developed by, the Photographer will be used for organizational purposes only and in no way represent a guarantee of images that will actually be delivered or of the individuals that will be included in any image.
The Photographer is granted complete creative freedom related to the composition and appearance of the images based on his professional judgment and has the right to crop, modify, or omit any image as desired. The Client does not have the right to access images not delivered by the Photographer.
COPYRIGHT and USAGE
The Photographer is the copyright owner of all images taken by, or created by, the Photographer and his team. The Client named in the invoice will be granted the right to reproduce and utilize these images for personal or commercial purposes for an unlimited amount of time without copyright infringement when the invoice is paid in full. The Client may not, however, transfer usage rights or digital files for the benefit of a third party, friend, or other family member without written consent from the Photographer. If an unauthorized transfer does occur, the Client will pay a penalty to the Photographer of ten times the normal image usage fee. Others not named in the invoice should contact the Photographer for reproduction rights. The Client’s right to use the images is revoked if the invoice is unpaid. The Photographer retains the copyrights and may use the images for self-promotion or any other purpose without compensation or credit to the Clients or others.
If any portion of this agreement is determined to be void or unenforceable, such determination shall not affect the remainder of this agreement, which shall continue to be in force.
This document represents the general terms and conditions used by the Photographer for all sessions. If your invoice, or a contract signed by both the Photographer and Client, specifies a different term or condition those agreements will have final authority on those specific topics. This document covers all items not specifically mentioned in Client’s invoice or contract.
If you have any questions, please contact your Photographer prior to booking your session.