BOOKING TERMS & CONDITIONS
Please read the following carefully, understanding you will be held to these posted terms and conditions as well as policies and procedures by booking with Joseph D. Tran Photography. I am happy to answer any questions or clarify anything outlined herein, but please ask before you book. I want you to have a great experience so understanding our policies will ensure there are no surprises.
In the following terms and conditions ‘the photographer’ shall mean Joseph Tran trading as Joseph D. Tran Photography. ‘The client(s)’ shall be those person(s) and/or company listed on the booking form/invoice.
GENERAL LIABILITY AND RELEASES
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.
Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
COPYRIGHT & DISPLAY
All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the photographer. The photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. Photographer reserves the right to reproduce and/or display the images for portfolio, website, social media, self-promotion, advertising, photo contests, or any other lawful publication.
CLIENT USAGE & PRINT RELEASE
The client is granted usage of the photographs for personal and promotional use only. This includes, but not limited to: uploading to personal/company website (or websites of representatives), submissions for potential work or representation, uploads to social media/industry related websites (Backstage, LinkedIn, Facebook, etc.), and event promotional material and displays.
For editorial publication, client shall request that a credit for the photographer be placed adjacent to the photograph on publication (ex. © Joseph Tran), but shall have no liability if the publication refuses or omits to do so.
The client is also granted a print release and may print the images for personal and promotional use. If a written document is needed, please contact the photographer directly.
Photographs may not be sold or used for commercial purposes by the client or any 3rd party without written consent from the photographer.
STUDIO HOURS
Joseph D. Tran Photography is open Monday-Saturday and closed on Sundays. Sessions are by appointment only. Walk-ins are not accepted.
PAYMENTS
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.
UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.
Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
SCHEDULING
Client understands and agrees that all sessions are on a first-come, first serve basis with all tentative date/time holds being limited to 24 hours. Permanent holds are only applicable to clients who have made a deposit/payment for their booking.
RESCHEDULING & CANCELLATIONS
If the client needs to reschedule their session it must be done at least 2 days prior to the scheduled date to avoid a forfeiture of payment. As a consolation, if the client is unable to put in their request prior to the deadline, a $100 rescheduling fee may be paid to avoid losing payment completely. Cancellations result in a forfeiture of payment.
WEATHER
Due to the unpredictable nature of the weather, it might be necessary for the photographer to postpone an outdoor headshot session if conditions on the day (or forecasted in advance) render it impossible for a shoot to go ahead. Alternative dates will then be suggested and agreed between the photographer and client(s), and the fees already paid will be valid for the rearranged date. In some instances, inclement weather may mean that some or all photography needs to take place indoors. The photographer will still make all reasonable efforts to meet the requirements agreed with the client(s), but the photographer will not be liable for any photographs unobtainable because of the restrictions of having to shoot inside.
FORCE MAJEURE
The photographer will endeavor to reschedule or put the client(s) in touch with another photographer in the unlikely event he is unable to conduct the headshot session due to any cause beyond his reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
These Terms & Conditions incorporate the entire understanding of the client and photographer. Any modifications of terms must be in writing and signed by both parties. Terms shall be governed by the laws of the State of Virginia.