Terms and Conditions

ACKNOWLEDGEMENT:

Client has commissioned the studio for photography. It is Client’s express desires to pose and participate in the session. Studio agrees to not redistribute or exhibit any images from the session without the express written permission of Client. Further, because studio cannot control any distribution of session images by Client, Client agrees to hold Studio harmless from any damages or actions that may arise from the publication of any images from this contract including any claims regarding the content. Furthermore, Client acknowledges that the Studio may have at least one Studio representative present at the shoot. Client may bring no more than one guest to the shoot without the prior approval of the Studio.

COMPENSATION:

This contract is valid only on payment of the amounts specified. Add-on orders, upgrades or special services cannot and will not be delivered until the balance due is paid in full. Failure by Client to make payments as scheduled may be deemed a material breach of this agreement. In the event of breach, the Studio, at its option, may cancel this agreement and be received from any further obligation of performance.

CANCELLATION OF YOUR SESSION OR BREACH:

For cancellations: A Client’s booking deposit (50% of the session rate) is NONREFUNDABLE. One reschedule is acceptable without any additional fee. However, any other further rescheduling will require an additional booking deposit for a new rescheduled time and date. For Breaches: Should Client otherwise fail to perform under this contract, the full amount due under this contract will become immediately due and payable as liquidated damages. Client acknowledges that the amount of the fees and deposits paid shall be liquidated damages in the event of breach, because the actual amount of the Studio’s damages would be difficult or impossible to determine.

FORCE MAJEURE:

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

PROOFS or TIME FOR CLIENT TO SELECT IMAGES:

For professional headshots, acting headshots, and modeling sessions, the Studio, in most cases, will to make proofs available within two weeks after photography. For all other sessions, the studio makes proofs available within thirty (30) days of initial photo shoot. A rush service can be provided for an additional up-charge. Client agrees to select photographs for enlargements or books/albums within twenty (20) days of proofs being made available.

PRINT ORDERS AND DELIVERY:

Any orders for prints, or other add-ons and services not included in the package described above must be paid for at the time the order is placed. Furthermore, any order must be placed within thirty (30) days of proofs being made available to the client. Orders delayed for sixty (60) days or more are subject to any increase in charges for the same services and product that are published subsequent to this contract. Charges for additional services other than those referred to in this contract are subject to rates current at the time they are ordered. Prints in addition to those described above will be ordered based on the Photographer’s Standard Price List ( https://www.wes-shots.com/rates ). In addition, the extra charges set forth below shall be billed if and when incurred. The Studio works to complete all placed orders within eight (8) weeks. Client acknowledges that some phases of production are dependent on suppliers and outside contractors and may be subject to delay. Client agrees to pickup finished orders and satisfy all balances due within twenty-one (21) days of being notified that the work is ready for pickup.

LIABILITY/WAIVER OF DAMAGES:

The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing, and delivery of your images. However, in the event that the studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the Studio’s control or the Studio’s own negligence, the Studio’s liability shall be limited to a refund of all payments made by you. If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, such omission shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client and the Studio shall not be liable for same.

THE MODEL RELEASE

For Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer / Filmmaker and/or Assigns for descriptive purposes.

I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting and that I will make no further claim for any reason to Photographer / Filmmaker and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.

It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

Definitions: “ASSIGNS” means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means $1 or something else of value I have received in exchange for the rights granted by me in this release. “CONTENT” means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film, radio and other media known or to be invented. “MODEL” means me and includes my appearance, likeness, and voice. “PARENT” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “PHOTOGRAPHER? FILMMAKER” means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me. “SHOOT means the photographic, film or recording session described in this form.

POSTING GUIDELINES:

Do not alter images or video IN ANY WAY when posting to known or future social media sites from PHOTOGRAPHER/ FILMMAKER.

Please credit and tag images & video created by PHOTOGRAPHER/ FILMMAKER:

Wesley Stanfield Photography, @wesshots