AGREEMENT OVERVIEW: 

This Agreement expresses the full and complete agreement between the CLIENTS (Hereafter referred to as CLIENTS) and TRISTAN TODD PHOTOGRAPHY (Hereafter referred to as TRISTAN TODD PHOTOGRAPHY) regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties.

 

COOPERATION: 

Unless otherwise noted, TRISTAN TODD PHOTOGRAPHY, it's associates or employees will be the exclusive photographer(s) at this portrait photography shoot. The CLIENTS agree that good faith cooperation and communication between them is important in obtaining a good result. CLIENTS must also notify TRISTAN TODD PHOTOGRAPHY and photographer(s) in writing if they wish to have anything photographed in a particular way. TRISTAN TODD PHOTOGRAPHY or the photographer(s) will not be held accountable for not photographing desired portraits, if there is no one to assist in identifying these particular details and photographs on the day. TRISTAN TODD PHOTOGRAPHY is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to TRISTAN TODD PHOTOGRAPHY or beyond the photographer(s) control.

 

HOUSE RULES: 

CLIENTS agree and understand that the photographer(s) are limited by the guidelines of the location site/venue management/government rules and CLIENTS agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the CLIENTS responsibility. If CLIENT appears under the influence of alcohol or drugs during the shoot, TRISTAN TODD PHOTOGRAPHY has the right to cancel the shoot immediately due to liability and health concerns arising.

 

IMAGES and COPYRIGHTS: 

Photographs/images produced by TRISTAN TODD PHOTOGRAPHY are protected by Copyright Law (all rights reserved). Upon final payment by CLIENTS, CLIENTS are allowed to display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of TRISTAN TODD PHOTOGRAPHY. CLIENTS will receive a high resolution digital files with printing rights. When publishing the photos socially or commercially, TRISTAN TODD PHOTOGRAPHY must be noted as the photographer. The CLIENTS must obtain written permission from TRISTAN TODD PHOTOGRAPHY prior to the CLIENTS, their associates, friends or relatives selling the photographs. 

TRISTAN TODD PHOTOGRAPHY does not provide any unedited images to CLIENTS as it does not represent the quality TRISTAN TODD PHOTOGRAPHY strives for. TRISTAN TODD PHOTOGRAPHY takes pride in the edited images, and images will not be delivered if they do not TRISTAN TODD PHOTOGRAPHY’s quality standards. Whilst TRISTAN TODD PHOTOGRAPHY’s editing style ca be comprehensive, please note below, what defines IMAGES THAT CAPTIVATE’s “edited or retouched” images. TRISTAN TODD PHOTOGRAPHY’s edited or retouched images include colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, saturation and vibrancy adjustments, skin smoothing/softening, blemish removal, mild feature enhancements, minor shaping, sharpening and resizing. Retouching/photoshopping images can be an art form in itself, and can require extensive, skilled work that TRISTAN TODD PHOTOGRAPHY openly performs as part of their services. Please note, TRISTAN TODD PHOTOGRAPHY will perform a basic retouch on photos before client selection and again on the final selection provided by the client or TRISTAN TODD PHOTOGRAPHY as requested by the client. This is at TRISTAN TODD PHOTOGRAPHY’s own discretion. 

 

MODEL RELEASE. 

The CLIENTS hereby grants to TRISTAN TODD PHOTOGRAPHY and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release TRISTAN TODD PHOTOGRAPHY and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to TRISTAN TODD PHOTOGRAPHY’s use of said images.

 

RETAINER & PAYMENT SCHEDULE: 

A non-refundable fee of 50% of the total quoted amount is due at the signing of this agreement. This is a NON-REFUNDABLE RETAINER. Should CLIENT not show up to the scheduled appointment, cancel the appointment or otherwise breach this Agreement, the NON-REFUNDABLE RETAINER shall be liquidated for damages to TRISTAN TODD PHOTOGRAPHY. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the retainer shall be applied towards the Final Total, with the remainder of charges payable in full, prior to the photo shoot. If extras are added on the day of the photo shoot, payments must be paid before the final images are handed over to CLIENTS, approximately 1-4 days after the event. 

 

LIMIT OF LIABILITY: 

In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, TRISTAN TODD PHOTOGRAPHY will contact the CLIENT as soon as possible, to arrange another suitable date and time. TRISTAN TODD PHOTOGRAPHY takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond TRISTAN TODD PHOTOGRAPHY 's control. CLIENT agrees that TRISTAN TODD PHOTOGRAPHY or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event. 

 

COMPLETION SCHEDULE: 

Images are expected to be edited within 1-4 days after the photo shoot date. electronic delivery is expected within this time frame, but may take longer. Prints/canvases/frames and extras will be available anywhere from 2-6 weeks, after they are ordered. These items can be picked up from TRISTAN TODD PHOTOGRAPHY 's home studio by appointment only (please email TRISTAN TODD PHOTOGRAPHY and ask for current address). Contact Tristan if you need a mail/shipping quote.