TERMS & CONDITIONS

1) AGREEMENT - This agreement between the undersigned photographer (hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.

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2) QUOTE VALIDITY - The quotes given to the Client are valid for 30 days. 

3) ADDITIONAL FEES - The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes during or before the project, whether made orally or in writing, may result in additional charges. Any changes in the project will be notified when the changes happen and initially invoiced.

4) PAYMENT TERMS – To secure the photography booking, the client is required to pay 50% of the estimated quote upfront within 24 hours. If the booking fee is not paid within 24 hours, the agreed date of the booking slot will be lost. The initial payment of the project is paid prior releasing the photo gallery. The Client accepts that the booking fee payment is non-refundable. 

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5) ARTISTIC RELEASE - 

Style. Client has spent a satisfactory amount of time reviewing Feldt Photography's work and has a reasonable expectation that they will perform the Services in a similar manner unless otherwise specified in this Agreement.

Consistency. Feldt Photography will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Feldt Photography's current portfolio and will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

1. Every client project is different, with different tastes, budgets, and objectives;

2. Videography & Photography services are often a subjective art and videographer/photographer has a unique vision, with an ever-evolving style and technique;

3. Feldt Photography will use its artistic judgement when providing Services for Client, which may not include strict adherence to Client’s suggestions;

4. Although Feldt Photography will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Feldt Photography shall have final say regarding the aesthetic judgement and artistic quality of the Services;

5. Dissatisfaction with Feldt Photography's aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

6) COPYRIGHT AND USER LICENCE– In the event that any copyrighted work(s) are created as a result of the Services provided by Feldt Photography in accordance with this Agreement, Feldt Photography owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Feldt Photography and may be used in the reasonable course of Feldt Photography's business.

Client receives the License to Use for commercial purposes. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept is prohibited. In the event of assets being shared (both online and print) by a third party, the third party must be notified by the client to contact the Photographer for a User Licence. 

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7) REFUND POLICY - Due to the nature of the work, the total amount is non-refundable.

8) CANCELLATIONS, RESCHEDULES, NO SHOWS - In the event of a cancellation or a postponement by the Client within 7 days of the shoot date, the booking fee will not be refundable, and the remaining payment must be paid in full. In the event of postponing the shoot by the Client (at least 7 days before the shoot), the booking fee will be transferrable, however, rescheduling fees apply. In the event of No Show of the parcel for the booked shoot date, the booking fee will not be refundable, and the remaining payment must be paid in full.

9) INDEMNIFICATION - Client hereby indemnifies and holds Photographer harmless against all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client's use of Photographer's work. The Photographer also indemnifies and holds Client harmless against all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence.

10) PRODUCT – Products that have been sent to the Photographer for photoshoot may be opened and therefore not suitable for re-sale by the Client after the project. In the event of the Client sending more than one of each product, the Photographer minimises the amount of products being opened (depending on the scope of work). 

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11) AUTHORSHIP CREDIT - A credit in the name of [Feldt Photography] shall accompany his/her photos whenever practical. The Client must not share content from behind the scenes during or after the project unless the Photographer has given permission for it. In the event of permission granted, the Client must credit the Photographer clearly. The Photographer can share behind the scenes content during the project publicly. In the event of the project including products that have not been launched by the Client yet, the Client can restrict the Photographer to share behind the scenes content. 

12) DELIVERY – The client can send the product via postage or deliver in person to the Photographer. The parcel must arrive to the Photographer the week before the start date of the project. The Photographer is not responsible if the parcel will be delayed, lost or if the parcel is damaged by the postage service provider. See Part 5 as a reference, if the parcel will be delayed or lost, which results in project postponement or cancellation. 

13) RETURN - If the Client wishes the products to be returned, the client must let the Photographer know up front. In the event of returning the products to the Client, the Client must provide a shipping label. The products will be sent back after the postproduction is finalized and the client is pleased with the assets. The photographer is not responsible in case of a lost parcel or the parcel being damaged by the postage service provider. 

The products may be stored up to 6 months from the project date in case of any possible future projects. If the Client does not wish to enquire another booking and the storage time exceeds 6 months, the products will be discarded or donated.

14) TURN AROUND TIME – Normal turnaround time is [1-3 weeks] including the photoshoot and postproduction. The turnaround time will depend on the number of items being photographed, the size of the project Client has given to the Photographer. The images are delivered to the Client via online gallery immediately after the invoice is paid in full.

The Client has the right to one round of revision in case of any changes needed. Any additional revisions will be invoiced accordingly. 

15) RETOUCHING – Post-processing of photos include basic cleanup (color correction, toning, removal of any marks). Any special effect will be included only if it has been spoken and agreed upon both parties during pre-production. If not, it will be charged additionally (Please see Part 2: Additional Fees). If there are any imperfections on products which require extended retouching time (e.g. removal of large areas of writing, large scratches that disrupt critical logo components such and any large text or small writing, and reflective labels) may incur additional retouching fees. This will be advised during pre-production.

16) MONTHLY SUBSCRIPTIONS – In the event of the Client wishing for a monthly subscription, the Photographer sets a fixed time for every month for the Client. The products will remain with the photographer till the end of the subscription. In the event of the Client wishing to end the subscription, the Client must notify the Photographer 1 month in advance of the cancellation of the subscription. 

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17) LIMIT OF LIABILITY - Maximum Damages/ Loss of Assets. In the unlikely event that, by way of technical failure or an act of God, the footage is lost or tarnished beyond repair, Production Company shall organise a re-shoot or refund Client a prorated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. No further liability will be held by the Production Company. Should any of these events occur, Client agrees to full confidentiality and agrees to not tarnish the reputation of the Production Company by way of any negative communication, public or private.

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18) RESPONSIBILITY - Failure to Perform Services. The Photographer is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, Photographer will obtain, upon approval of the client, a qualified professional replacement to fulfill Photographer's obligations under the contract, at no additional charge to the client. In the event Photographer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

3. Excuse Client of any further performance and/or payment obligations in this Agreement.

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19) IMPOSSIBILITY -  Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Production Company cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

3. Excuse Client of any further performance and/or payment obligations in this Agreement.

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