Terms & Conditions
The below is made effective for all purposes in all respects between Derek Palmer, hereinafter referred to as “Derek Palmer Photo (Derek Palmer)" and you are, hereinafter referred to as the "CLIENT" relating to the event(s) detailed below, hereinafter referred to as the "EVENT(S) and/or "session(s)".
MODEL RELEASE: The undersigned hereby grants Derek Palmer Photo (Derek Palmer) the absolute and irrevocable right and permission, in respect to the photographs, video tapes, motion pictures, recordings, or any other media (hereinafter collectively known as “Images") that Derek Palmer Photo (Derek Palmer) has taken of me or my property, or minors in my care, or in which I may be included with others, to copyright the same, in Derek Palmer Photo (Derek Palmer)’s own name or otherwise, to use, re-use, publish, re-publish, post, display, in printed form, or in any and all media now or hereafter known, and for any legitimate purpose whatsoever. You hereby grant to Derek Palmer Photo (Derek Palmer) the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, print, web site, display, advertisement, and editorial use. Derek Palmer Photo (Derek Palmer) agrees to limit the use of these images and photographs to promotional use only. Derek Palmer Photo (Derek Palmer) may revoke this license at any time and for any reason. Derek Palmer Photo (Derek Palmer) retains all copyrights to the images and derivative works thereof.
COPYRIGHT AND REPRODUCTION: The CLIENT agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Derek Palmer Photo (Derek Palmer). The CLIENT will receive images via online gallery, and may print at their discretion as well as purchase professional prints and items from the photographer. The CLIENT may also post images online and to social media (i.e. Facebook, Instagram, etc.) but must note Derek Palmer Photo (Derek Palmer) as the photographer and include a tag where feasible. The CLIENT is encouraged to back up their images upon receiving them. Your purchase of the original files releases Derek Palmer Photo (Derek Palmer) from any liability due to loss or damage of the images, and also releases Derek Palmer Photo (Derek Palmer) from any obligation to maintain copies of any digital file, image, or photograph. The CLIENT may not sell, distribute or take credit for any of the photos taken by Derek Palmer Photo (Derek Palmer). Derek Palmer Photo (Derek Palmer) highly recommends that photographs be printed only through a professional printing lab.
WAIVER OF LIABILITY RELEASE: By agreeing to a photography session with Derek Palmer Photo (Derek Palmer), the CLIENT is hereby waiving, releasing, and discharging Derek Palmer and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur the CLIENT or participating parties including my traveling to and from this event. Derek Palmer Photo (Derek Palmer) is not responsible for any injuries inflicted upon any participating parties. CLIENT(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. CLIENT swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Derek Palmer Photo (Derek Palmer) for any reason.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Derek Palmer Photo (Derek Palmer)’s control, including but not limited to camera, hard drive, or equipment malfunction, Derek Palmer Photo (Derek Palmer) liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Derek Palmer Photo (Derek Palmer) is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
VENUE AND LOCATION LIMITATIONS: Derek Palmer Photo (Derek Palmer) is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Derek Palmer Photo (Derek Palmer). Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; Derek Palmer Photo (Derek Palmer) will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits (if applicable) and necessary permission for all locations on which Derek Palmer Photo (Derek Palmer) will be performing services.
CANCELLATIONS: Cancellations must be made 48hrs in advance of your session date. All cancellations made less than 48hrs of your appointment forfeits your session security deposit. If the session was paid in full, the CLIENT receive 50% of their paid in full amount if canceling less than 48hrs in advance. If the session is canceled 48hrs before the session start date, the CLIENTS session deposit will be fully refunded. Each CLIENT is allowed two rescheduling credits for their photo sessions. Any additional request to reschedule will incur $50 rescheduling fee and must be paid immediately to reserve your new date. Rescheduling due to weather conditions will not count against your reschedule credits.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of Derek Palmer Photo (Derek Palmer).
SHOOTING TIME / ADDITIONS: The CLIENT and Derek Palmer Photo (Derek Palmer) agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.: If you wish to extend or create a longer appointment, the cost is $25 each additional half hour.
SAFETY: Derek Palmer Photo (Derek Palmer) reserves to right to terminate coverage and leave the location of the EVENT(S) if Derek Palmer Photo (Derek Palmer) experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of Derek Palmer Photo (Derek Palmer) is in question.
EXPENSES INCURRED: If the location of the session is further than 60 minutes from Rochester, NY, travel time is a flat rate ($50) on top of the shoot price.
CAPTURE AND DELIVERY: Derek Palmer Photo (Derek Palmer) is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Derek Palmer Photo (Derek Palmer).
PAYMENT SCHEDULE: The aforementioned 50% semi-refundable retainer fee is due at the time of signing of agreement. The remaining balance is due in full 7 days after the final photos are delivered to the CLIENT. In the event the CLIENT fails to remit payment as specified, Derek Palmer Photo (Derek Palmer) shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $50 non-sufficient funds fee.