Definitions:
The Photographer: Steven J. Gandy Photography is photographer Steven J. Gandy.
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Booking / Rescheduling / Cancellation
There shall be no refund of the retainer after the signing of the Agreement and the reservation of the photography date. If the event is canceled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least one week before the scheduled date of the event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days before the event. In the event of a change of address or contact information (time, etc.) as listed, you must notify the Photographer.
Edits
Steven J. Gandy Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Steven J. Gandy Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color. Formal photographs may include the removal of acne, rashes, and accidental last-minute scratches, bumps, etc. Steven J. Gandy Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, changing hair color, changing the shape of the nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos. Once again, edits are solely made by Steven J. Gandy Photography.
Proofs and Ordering
Your photographs will be available on Steven J. Gandy Photography’s website, in a gallery to view and proof before ordering prints. Final edited proofs will be available 1 to 3 weeks after the date of the event. Proofs will be available for one year and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $25 will be incurred. Upon receipt of payment, your unarchived gallery will be live for six months.
Copyright
Hi-resolution digital copies of the final images are included for every Steven J. Gandy Photography Client. The client receives a royalty-free license for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sub-licensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including using, reproducing, or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay the Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by the Owner, now or in the future. Steven J. Gandy Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Client’s Usage
The Client is obtaining photography services for personal use only, and shall not sell said prints. If the Client is obtaining a print for a newspaper announcement of the wedding, editorial use, or website, the Photographer authorizes the Client to reproduce the print in this manner. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable and/or agreed upon. The client is never permitted to edit or alter any photo that is copyright of Steven J. Gandy Photography.
Facebook Sharing and Other Social Media
Understandably, the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow the posting of photos to social media sites, only in the case that photos are NOT altered with editing or filters.
Inherent Qualities
The client is aware that color dyes in photographic prints may fade or discolor over time due to the inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Steven J. Gandy Photography suggests printing from professional printing labs such as those used on the Gallery Website to receive the highest quality prints.
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 the Photographer shall return the deposit to the Client but shall have no further liability concerning the Agreement. This limitation on liability shall also apply if 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, the Photographer shall not be liable for any amount over the retail value of the Client’s order.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules, and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent the photography that will be produced. The Photographer will do their best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
Expenses
Travel fees and expenses are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Garments
The Photographer cannot be held responsible for damage to Garments due to environmental events. The client is responsible for arranging personal assistance for garments.
Safety
Steven J. Gandy Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
Deposit and Payment
The Client shall make a deposit to retain the Photographer to perform the services specified herein. The balance shall be paid in full at least one day before the wedding. Steven J. Gandy Photography Photography accepts Cash, Check, or ACH Bank Payment. A $50.00 fee will be imposed for any returned checks. A balance notice will be sent to the client two weeks before the scheduled wedding date.
Severability
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Miscellaneous
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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. This Agreement shall be governed by the laws of the State of Wisconsin.
Terms & Conditions changes
This Terms & Conditions Policy was updated on stevenjgandyphotography.com on November 30, 2023.. We reserve the right to change, modify, or amend this policy at any time.