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Capturing your memories at play and home.
The following
information explains our legal principles and expands upon our
service contract terms, please review carefully.
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Definitions
Client. For the purpose of this legal
information and service contracts, "Client"
refers to the person or organization hiring
Silverwing Photography.
Photographer. For the purpose of this legal information and service contracts, "Photographer" refers to Silverwing Photography, in general, as well as the
inidividual photographer or photographers
operating on behalf of Silverwing Photography.
Deposit and Payment
Minimum deposit equal to one hour of service plus projected expenses
is required to retain Photographer for all
events or portrait sessions. Remaining
balance of service fees plus expenses is due via
cash or check at
the beginning of appointment and may be paid in
advance. Prints are paid
through our print processor upon ordering; Payment for prints
is not due at the time of photography service.
Returned checks are subject to a bank imposed
service fee of $25, not including any fees
imposed to Client by Client's bank.
Appointments
Appointment terms vary by type of photography being scheduled.
Generally speaking, appointments which begin
late may end at the scheduled time. Full
payment of scheduled service is due regardless
of any shortening of appointment duration.
Portraits. Photographer is
reserved for the scheduled time frame of the
event. Other appointments may be scheduled
adjacent to portrait sessions.
Gala and Sports Events.
Photographer is reserved for the scheduled time
frame of the event. Other appointments may
be scheduled on the same day; Client should be
sure to schedule adequate time for events.
Wedding. Photographer is reserved
for the day of the event with no other
appointments scheduled. Time span between
wedding event locations is included in service
billing.
Overtime. Upon request and
schedule permitting, Photographer may remain on
location for additional photography at the same
rate, in full hour increments, payable the day
of service.
Cancellation
Clients have
a right to cancel their scheduled appointment
and service agreement, with certain financial
limitations. To ensure accuracy of
cancellation date, the cancellation must be made
verbally and followed up in writing, via e-mail
or post.
If the Client cancels the appointment or
agreement twenty-one (21) or more days before
the scheduled date, the deposit will be
refunded, minus applicable expenses and an
administration fee of $20.
If the Client cancels within twenty-one (21)
days of the scheduled date, the deposit may be
refunded, minus applicable expenses and
liquidation damages of $50.
Silverwing Photography may substitute another
photographer in the event of the scheduled
Photographer's illness or other emergency.
In the event of substitution, Silverwing
Photography warrants the replacement
photographer shall be a competent professional.
Liability Limitation
Color dyes and other materials in photography
may fade or discolor over time due to the
inherent qualities of these materials.
Client releases Photographer from any liability
for any claims whatsoever based upon the fading
or discoloration of photographic prints.
Photographer shall have no liability in the event that photographic materials
(tangible or otherwise) are damaged in processing, equipment malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the
Silverwing Photography shall not be liable for any amount in excess of the paid value of the Client’s order.
Copyright and Reproductions
Silverwing Photography retains copyright
ownership of all images created and has the
exclusive right to make reproduction, except as
licensed by agreement. The Photographer
shall make reproductions for the Client, Guests
and other related parties, or for the
Photographer's portfolio, samples, promotional
materials, entry in photographic contests or art
exhibitions, editorial use, of for display
within or outside the Photographer's studio.
Picture Availability
Processing of images from events and portrait
sessions may require up to fifteen (15) business
days. The pictures will be posted online
for client review and purchase of prints.
Images will be available online for purchase for
a period of no less than one year.
Client Usage
Clients are
permitted to use photographs depending on the
license terms defined in the service contract.
Personal Use. Client may display
prints and digital images within their home,
workplace, or public space for their own
personal enjoyment and sharing with friends,
family, and acquaintances. Client may not
reproduce images for sale or otherwise charge
for access to view images, unless licensed
accordingly. Client may not distribute
digital images, but may display on free access
web-sites such as personal or social site.
Promotional Use. Client may
purchase additional licensing to allow
reproduction of images in promotional materials,
in print and digital, and must include
Photographer Credit. Client may not charge
for profit or access to materials containing
promotional licensed images.
Commercial and Trade Use. When
licensed accordingly, Client may reproduce
images within publications, digital and real,
for any purpose including profit and must
include Photographer Credit. Absence of
Photographer Credit requires additional royalty.
Photographer Credit
Images
displayed in a public forum or web-site,
promotional materials or other commercial
purposes, must be licensed to use in such
fashion and include Photographer Credit as
"Silverwing Photography" and may include the
location "Jamison, PA (USA)" and our URL
www.silverwingphoto.com.
U.S.C. 18 § 2257A
United States laws require that
any persons who appear nude, whole or partial, or are depicted in sexually suggestive and/or sexual poses are required to provide
proof of age including government issued picture identification
showing name and birthdate reflecting age as 18 or higher at the time of photographing. A copy of supplied proof will be kept on record
at Silverwing Photography permanently in a secure location for regulatory review upon judicial order.
215.394.5879
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