terms and conditions
1. It is understood that Spoonful Photography/Souvanny Philavong is the exclusive official photographer retained to perform the photographic services requested on this Contract.
2. Spoonful Photography may substitute another photographer to take the photographs in the event of Souvanny Philavong’s illness or of scheduling conflicts. In the event of such substitution, Spoonful Photography warrants that the photographer taking the photographs shall be a competent professional.
3. No part of any order, including previews, will be delivered until the balance is paid in full.
4. Spoonful Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Spoonful Photography in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of Spoonful Photography.
5. Upon signature, Spoonful Photography shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
6. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Spoonful Photography, photographer may elect to use an alternate location or to reschedule the portrait.
7. If Spoonful Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Spoonful Photography fails to perform for any other reason, Spoonful Photography shall not be liable for any amount in excess of the retail value of the Client’s order.
8. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
9. The charges in this Contract are based on Spoonful Photography’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. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Spoonful Photography’s
permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
11.This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed
by both parties.
