Terms of Service
These are the terms and conditions that apply to all of our photos shoots. Within, “the photographer/s” will relate to both photographers i.e. Alex Seith and Rachel Shook trading as Best Seller Photography. “The client” will relate to any person, body of persons, firm or Company with whom the photographer enters into a contract for the sale of goods or provision of services by the photographer. In extreme circumstances these can be amended on the discretion of the photographers.
1. CREATIVE LICENCE & USAGE
i. Photographer maintains the full rights to images to use at any time in promotion of their photography business, whether on social media, online or printed portfolios, or any other marketing or advertising uses.
ii. After full payment of photography package and images, Client maintains the right to use the images for the purpose of promoting their product and brand, whether on Amazon, social media, product website, or physical marketing materials. A credit in the name of the photographers shall accompany the photos whenever practical (such as posts on social media). Client is not permitted to sell photographs for any promotional purposes to anyone else or make monetary gain from the sale of received photographs. Failure to complete payment for a product photography package or purchase of photos from the photographer and still use the photos for personal or business use will mean that the client is breaching the rights agreement as well as Copyright laws and will be pursued legally.
4. PAYMENT TERMS
i. For all product photography Packages, a non-refundable booking deposit of $100.00 will be required at the time of contract to reserve the photographers for the time of project. The booking fee will be deducted from the total cost of the client's package.
ii. If the project exceeds $1,000.00 in cost, the first 50% will be invoiced at the time of contract, to be paid in full before any work is to be started for the project (ideally before the product sample has arrived at the studio, signaling the start of the project dates). The final 50% of the cost (along with any additional fees incurred by further requests by client) will be invoiced after the thumbnails of all images have been approved by the client (or after necessary adjustments have been made to the images) and must be paid in full before the full-sized final images will be delivered. The photographer will not release any final products until the full balance has been paid.
iii. The online invoice will be sent via email, and can be paid with either a debit/credit card or Paypal. The client has 30 days after date of invoice to pay the invoice in full. If not paid after 30 days, a 20% charge will be added to the invoice for every month the invoice remains unpaid.
i. The client is permitted to cancel the project and be refunded any invoice already paid (excepting the $100 nonrefundable booking deposit) if before the start of the project, before the product sample arrives at the studio. If the client requests to cancel the project after the sample has arrived and the project has begun, the project cost may still be invoiced to client in part or in full, depending on the amount of work completed for the project.
i. Turnaround time of completed images is dependent on the date of Product sample arrival at the address previously provided by Photographer to Client. On the date of sample arrival, Photographer will communicate the arrival to Client and provide the delivery date for completed images.
ii. Photoshoot will take place within 2 weeks of Product sample arrival, unless special assignment requirements (such as specific model or location request) or unforeseen delays (such as model rescheduling or inclement weather for outdoor photoshoot) cause a delay of the photoshoot beyond 2 weeks. If for any reason (such as those listed above or any other) Photographer requires additional time to complete the assignment, this delay will be clearly communicated to Client prior to the end of the 2 week period. Completed thumbnail images will be delivered to Client in 2 weeks from Product sample arrival, or upon the new date provided by Photographer in case of delay.
7. DELIVERABLE ITEMS
ii. When the assignment is complete, the photographers will deliver thumbnail images of all completed photos to be approved by the Client. These thumbnail images will not be large enough for use in Amazon listings, social media, or any other use. Thumbnail images must be approved by the Client and invoice must be paid in full before the delivery of full sized images. After the invoice is paid in full, the full sized images will be delivered to the Client via an online, password-protected gallery to be downloaded by the client.
iii. Full sized edited images will be delivered in JPEG format. PSD and CR2 (Raw) images will not be provided to Client for any reason, nor will unedited JPEG files of the original images. The photographers maintain full editing rights to the images, and no edits, filters, or manipulations are be performed to the images by the client or another party for the client. This is to maintain the style and quality of work created by the photographers.
8. ARCHIVING OF PHOTOS
i. All final photos will be stored and archived by the photographer for 1 year from the date of the project. Client is responsible for making a backup of all photos from the digital download of their online gallery. Photographer will make every attempt to keep archival copies of photos after 1 year, but does not guarantee that they will be retained indefinitely. If archived photos are required after 1 year, or additional storage time is required, an admin fee may be charged.
9. ESTIMATED COST - EXTRA EXPENSES
i. The fees quoted by Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges.
ii. Some projects may incur additional costs due to special props required for the images, or special location fees.
iii. Additional charges will always be clearly presented to Client by Photographer, and approved by Client, before assignment is completed and final invoice is submitted.
15. REVISIONS & ADDITIONAL IMAGES
i. At the time of thumbnail delivery, Client must either approve the images, or request changes to be made via Photoshop adjustments or a reshoot of any images. All projects include 1 free Photoshop adjustment to be made per product (excluding additional variations) by Photographer at the request of Client.
ii. Any revisions beyond the first will incur additional costs, as communicated by Photographer to Client. Revisions that require any images to be reshot entirely (for adjustments not able to be made in Photoshop) will be charged as new, additional images to the project. These additional costs will be reflected in the invoice after all images have been approved by Client.
iii. The client has 30 days from the delivery of thumbnail images to request changes or additional image. After 30 days, it is not guaranteed that the photographer will still have the product sample available to create additional work with, and it may be required for the client to send a new sample in order to continue work.
iv. Photographer is not liable to reshoot any images or make any changes to images for requests or demands not explicitly requested by Client prior to the beginning of the assignment.
i. Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance, cooperation, or product information. Any client-provided shot list is to be used solely as a guideline to be referred to by Photographer. Photographer is not obligated to fulfill shot list in entirety, nor is Photographer bound by shot list requests in order to fulfill services.
ii. Photos taken during the course of the photo shoot will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements. All efforts will be made by Photographer to fulfill the desires of the Client with respect to the model, location, props, or any other requests for creation of images. All efforts will be made by Photographer to obtain the requested models and locations in keeping with Product demographic, though use of specific model, location, and prop requests are not guaranteed. Photographer is not liable to reshoot nor refund product photography services with respect to fulfilling model, location, or prop details such as model skin or hair color, model clothing, location background colors, or number and type of props used.
iii. Client agrees to provide Photographer with a new and unused product sample. Client is required to ensure the product and packaging arrive unused and undamaged. We suggest sending 2 units to protect against any potential shipping damages and allow for additional images to be taken after the original photoshoot if requested or required.
i. These Terms and Conditions shall not be varied except by agreement in writing.
20. DATA PROTECTION
i. Any information or data regarding the client will not be disclosed to any outside parties not involved with the client and Best Seller Photos.