Terms & Conditions

Payment:

The Reservation Fee (deposit) holds the date & time of your session and is non-refundable. All payments are due as described unless prepaid. All payments are to be made by cash, check, PayPal or credit card to Brittany Gidley Photography no later than session date.  All travel fees, where applicable, must be paid prior to the session date.

Cancellation:

If for any reason Client cancels this Agreement before the session date, Photographer will keep the Reservation Fee (deposit). Cancellation cannot be reversed and must be made in writing, signed by the Client, and sent via Certified Mail by the United States Post Office. If Client fails to supply written cancellation as specified before the session date or cancels within 48 hours of the session date, client shall be required to pay the Second Payment.

[1] Upon Photographer providing Client with the High-Resolution Digitally Enhanced Images on flash drive the images thereon become the property of Client, except that Photographer retains the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer may grant use of the images to third parties and all compensation for use and credit for the images remain the property of Photographer. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith.

[2] Client agrees to indemnify and defend Photographer against any and all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of any use of any photographs for which the client’s guests provided no release to the Photographer for any photographs, which are illegally altered by Client. Unless so furnished, in writing, no release exists. Photographer's liability for all claims shall not exceed in any event the total amount paid under this Agreement.

[3] This Agreement or any rights granted hereunder may not be assigned by either party without prior written consent of the other party. This Agreement binds and insures to the benefit of Photographer, Client, Clients principals, agents and affiliates, and their respective heirs, legal representatives, successors and assigns.

[4] If Photographer cannot perform this Agreement in whole or in part due to a casualty, acts of God or nature, or other cause beyond the control of the parties or due to Photographer's illness or injury, then Photographer will return all fees paid, minus expenses, to the Client(s). This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. Client(s) agree that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits Photographer's liability to the amount paid under this Agreement. If Photographer cancels performance at no fault of the Client(s), then Photographer will notify Client(s) in writing and will return all fees/monies paid.

[5] In the event that Photographer is unable to provide coverage, Photographer shall use reasonable efforts to secure the services of an alternate and equally qualified photographer; however, the liability of Photographer in any event shall be limited to the refund of the deposit and any monies paid.

[6] Upon signature, Photographer reserves the time and date agreed upon and shall not make other reservations for that time and date. For this reason all payments are not refundable. Client shall not allow other photographers to be permitted to photograph, pose, direct or interrupt while Photographer is working.

[7] No amendment, waiver or consent with respect to any provision of this Agreement shall be effective unless put into writing and agreed to and signed by the parties hereto.

[8] Photographer reserves the right to edit and will be the final authority on the images that will be offered to the client.

[9] Upon receipt of a High-Resolution Digitally Enhanced Images on DVD or Flash Drive, Client accepts all responsibility for archiving and protecting the photographs.  Photographer does not permanently archive image files and is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.

[10] Unless agreed upon prior to any editing work, the High-Resolution Digitally Enhanced Images on DVD and/or proof sets may contain a mixture of color and black and white. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.

[11] This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.

[12] This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any prior agreements, discussions, and negotiations, whether written or verbal, between the parties.

By placing a Reservation Fee (deposit) with Brittany Gidley Photography, LLC you agree to the terms & conditions as set forth in this written agreement.