waiver & copyright
when you book a session with me, you agree to the following…
It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by Nickie Graybill Design & Photography in writing.
PAYMENTS: Payment for prints and digital images will be made by the subjects.Full payment is due at the time of session. Cash or check made to Nickie Graybill is accepted. Any bank charges incurred due to returned checks will be charged to the subject.
WEATHER CHANGES: Weather permitting, the event photographs will be taken as agreed. In the event of rain or snow or any form of weather disturbances, the photographer will make the necessary changes in the photographic session and will not be responsible for any disappointment caused by the weather. However, the photographer will do her best to produce coverage of the event within the time allocated to her.
PHOTOCHROMATIC ANOMALIES: Owing to reflectance caused by a certain combination of dyes and materials, especially man made fibres, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. The photographs will provide a pleasing colour balance based on the flesh tones of the subjects but cannot guarantee exact colour match. The printer will use his/her skill to produce pleasing prints. Where close matching is required please supply a sample.
REQUESTED PHOTOGRAPHS: The photographer will honor all photographs requested and agreed in advance, provided the following factors are met: Weather and allocated time permitting, availability and co-operation of the person/s concerned.
COVERAGE: The photographer cannot be held responsible for the lack of coverage caused by subjects or environment. The photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
PERSONAL ACCIDENT: Any directions issued to any member of the family or group are deemed to be at said persons’ own risk. Nickie Graybill Design & Photography cannot be held responsible for any personal accidents during a photographic shoot.
COPYRIGHT: The Copyright of all the photographs produced is retained by Nickie Graybill Design & Photography and it is a criminal offence to make copies of them by any means including video under the terms of the COPYRIGHT, DESIGNS and PATENTS ACTS 1988. Original files and prints remain the property of the photographer. Nickie Graybill Design & Photography shall be the sole professional (still) photographer at the venues specified. The due performance of this contract is subject to alteration or cancellation by Nickie Graybill Design & Photography owing to any cause beyond their control. Every care is taken in photographing and processing using professional materials. In the unlikely event of total photographic failure i.e. during exposure or processing, the Photographer’s liability shall be limited to a full refund of all money paid. Your statutory rights are not affected.
CANCELLATION: If the client needs to cancel the appointment, a new session of a similar type will be rescheduled. A new date and time will be agreed upon. Refunds are not permitted. If Nickie Graybill Design & Photography has to cancel this contract for reasons beyond their control (death, injury, sickness etc) their liability shall be limited to a full refund of all monies paid.