Bailey Black Photography 541.953.9999
Terms
and Conditions -
Website:
The
content and images used on this website are the property of and
copyright by Michael Pierce dba Bailey Black Photography.
Certain
images may be utilized on other websites under
the control of the photographer and/or Bailey Black Photography. No
images or content may be copied, duplicated or otherwise taken from the
website
without express written permission from Bailey Black Photography and/or
the creator of the work.
Services:
Payment
for services is due upon completion of the work.
Example: A
photographer is assigned to a project and arrives at your location to
perform work as agreed.
Upon completion of the work you will be
invoiced and payment is due.
Payment can be made by cash or approved check.
If a deposit was taken prior to the
work, the amount
of that deposit will be shown as a credit on the invoice.
Deposits may be required for larger projects or projects involving
rental equipment or travel beyond 150 miles
one-way or overnight travel.
Cancellation
of work:
If the work is cancelled on the day of
scheduled
work, for any reason by
the
client the full amount of the agreed
contract
including any and
all expenses, is due on demand.
If the work is cancelled 48 hours or
more before the
agreed time,
there will be no charge made to the client, except if
special
rental or
travel expenses have been incurred.
If the work is cancelled less than 48
hours
prior to the agreed
time, the client agrees to pay 50% of the agreed
contract
amount, plus
any rental fees or other expenses including travel expenses, in full.
Example: A photographer is scheduled to shoot an event and the event is
cancelled the day prior to the agreed time.
The client
contacts the
photographer to advise of the
cancellation. At that time, the photographer will create an invoice for
50% of
the agreed contract
amount, plus 100% of any rental fees or
other
actual expenses. If the photographer
has completed any portion of travel, the client will be invoiced for
all travel expenses as if the work had
been
completed.
If the work is cancelled on or before
the day of the
scheduled work,
for any reason by
the
photographer, the client
agrees to
reschedule the work, if possible, at their
earliest convenience.
The client will not be charged for
travel or other
any other expenses if the work
is canceled by the photographer.
Extension
and modification of work:
If the work cannot be completed within
the agreed
amount of time, Bailey Black Photography or their agent and the
client agree
to amend the
contract either verbally or in writing, to
provide for additional time as required to
complete the
work.
What this means - if a photographer has
begun a
project and the time agreed in the original contract is not adequate
to
complete the work, the
photographer or the client
can verbally request more time be added to the contract.
A notation will be made on the invoice
reflecting
the day, time and identity of the persons who requested and
approved the
additonal time. If
the client does not approve the requested change, the work will be
considered
complete
at the expiration of the
time allotted to the work in the original contract and payment for the
full contracted
amount
will be due on invoice, regardless of whether images have been created
or provided to the client. The client will
receive all
work product
following payment.
Completion of
the work:
Work is complete when the photographer
provides the
client with a CD or
DVD and access to a web gallery
containing all of the RAW or JPEG
images
photographed on behalf of
the client.
It is the responsibility
of the client to print any and all images. Prints of images
can
be ordered through Bailey Black
Photography at
additional cost on prior arrangement.
Bailey
Black Photography does not provide contact sheets or printed images in
any size for
approval purposes.
Our
product is
provided in digital media form only.
A web based gallery of images taken for
you will
be created for proof and approval purposes. A CD
containing
copies of the
RAW and/or JPEG
images will be provided to you at the end of your scheduled
shoot.
Access to web galleries is
restricted to clients only. Images
may not be copied from the web gallery or used in any form,
without
express written permission.
Copyright:
Bailey Black Photography
retains all
copyright
benefit for all images created by our photographers forever.
Copyrights for art (including
photographs) do not
expire.
This means, if one of the images created
by our
photographers is used for any commercial or financial gain purpose,
at any time, without our
permission in writing, you agree to pay us for the use of the image at
the current market rate as
determined by the use at the
time.
Example - you send a magazine an image
created by a
photographer
from
Bailey Black Photography, the magazine pays
you for the image. You owe
Bailey Black Photography 100% of that payment + liquidated damages, on
demand.
Example 2 - you send an image created by
a
photographer from Bailey Black Photography to a commecial web-site
for sale to
the public or for
other financial gain. You owe Bailey Black Photography 100% +
liquidated damages
of any and all
income
derived
from use of that image.
License
for the use of images will always be granted for non-commercial use at
no cost as long as credit for the work is
given.
All we ask is a
simple copyright statement be placed near or on the image.
Non-commercial uses include
personal web
pages, and prints
of images kept or given to friends and family. Commercial use includes
any business
web page, any use of images for
advertising or promotion, any other use that would be considered as
commercial or
financially beneficial to the
user.
The above conditions and terms constitute the full conditions and terms
of any work agreement made between you (client) and
Bailey Black Photography or any photographer assigned to you by Bailey
Black Photography. By signing a contract for services,
you agree to these terms, and agree to indemnify and hold
harmless Bailey Black Photography, their agents and the heirs or
assigns.