RAFink Photography Service
Terms and Conditions

In the following terms & conditions, “the Photographer” shall mean Robert Fink trading as RAFink Photography.  Upon booking a session, you agree to these terms of service upon payment of your booking retainer fee.  These terms & conditions cannot be varied in any way by the Client unless such conditions are expressly agreed by the Photographer in writing.

 

Copyright:  All photographic materials including digital raw and/or jpg files, photographic prints and slides shall be the exclusive property of the Photographer.  The Photographer shall own the copyright of all images created and may use the work for exhibition, advertising or promotion. Usage outside of this agreement will require the Client’s consent.

 

Display / Use in Advertising:  The Client acknowledges that Photographer is the author and sole owner of all copyrights of the image(s).  As such, the client hereby allow the Photographer full use to display any photograph covered by this contract and/or use as promotional material for advertising such as brochures, magazine articles, websites, sample albums, etc.

 

Client Usage:  The Client is obtaining digital downloads and/or printed images for personal use only.  If the Client is obtaining digital downloads for reproduction or display elsewhere, the Photographer authorizes the Client to reproduce the print only as delivered without further modifications to the digital files.  The Client agrees that they will under no circumstances alter any photographs that are to be printed, displayed or shared on the internet.

 

Booking Retainer Fee and Payment:  A non-refundable booking retainer fee of $100.00 will be required as well as full acceptance of the terms and conditions as published on the Photographer's website to confirm the booking and secure the designated date.  The booking retainer fee will be deducted from the total cost of the Client's chosen package when calculating the final balance due.  Payment in full of the remaining balance will be due the day of the scheduled portrait shoot for individual or family photos or two weeks prior to the event date for weddings and event services.  Additional goods ordered via the Photographers’ website must be paid for in full at the time of ordering.

 

Cancellation Fees:  Cancellation by the Client within two weeks of the scheduled date will result in the forfeiture of any Booking Retainer Fees paid. 

 

Force Majeure:  In the unlikely event of cancellation by the Photographer or of total photographic equipment failure, liability shall be limited to a full refund of any fees paid.  All efforts will be made to assist the Client in securing another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control.

 

Digital /RAW Files:  All digital files remain the property of the Photographer, including raw and/or jpg files.  All digital photo downloads include a copy of the edited digital Raw file delivered to the Client for their own non-commercial use.  Should the digital files be lost, damaged or destroyed for the reasons beyond control of the Photographer, liability shall be limited to a full refund of all deposits and fees paid, but shall not include a refund for any goods already received.

 

During the Event:  The Photographer shall be the sole professional photographer at the event.  Family members, friends and guests are encouraged to take their own photographs during the event, but must not interfere in the work or direction of the Photographer.  Extensive interference on the part of others may result in the cancellation of service and contract by the Photographer and forfeiture of all paid fees by the Client.

 

Personal Accident:  Any directions issued to the Client, their guests or employees during a photographic shoot are deemed to be at said persons own risk.  The Photographer cannot be held responsible for any personal accidents during a photographic shoot.

 

Finished Product:  The Client accepts that all photographs will be taken and edited at the Photographer’s discretion based on the Photographer’s experience and artistic view.  The Photographer will work with the Client to develop a “shot list” that includes any special requests.  Editing will consist of basic image correction including exposure corrections, color adjustments, cropping and/or minor skin retouching.  Extensive editing such as changes to the body, removal of person(s) from the photograph, or background replacement is not included.  Additional editing of images requested by the Client is done at a separate fee starting at $50 per image.

 

Product Delivery:  The Photographer will deliver digital download files as quickly as reasonably possible.  Generally this should be within (2) weeks for portrait shoots and (4) weeks for events, however additional time may be required during busy periods.  Images delivered in the form of digital downloads will be provided at 300dpi with 3000 Pixels in the longest edge.

 

Archival Files:  The Photographer will archive the image(s) upon completion the service; however it is the Client’s responsibility to properly store and archive the image(s) for the duration of the term of license.  The Photographer cannot guarantee the availability of image(s) beyond the date of delivery to the Client.

 

Agreement:  This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.