Policies and Conditions
Ryan Smith Photography
COPYRIGHT NOTICE :
Welcome to Ryan Smith Photography's website. This site is owned and
operated by Ryan Smith and/or its content providers. All of the content
shown on this site, including, but not limited to photographs, images,
text are the exclusive intellectual property of Ryan Smith and/or its
content providers. The Content is protected by US and international
copyrights. No Content may be downloaded, copied, reproduced, republished,
manipulated, altered, transmitted, or distributed in any way, without
Ryan Smith's written permission and/or a payment of a fee or other arrangement.
These images are NOT ROYALTY FREE and are NOT WITHIN the PUBLIC DOMAIN.
You may only view the Content for your personal, non commercial use.
Use of the content for any other purpose, including but not limited
to use of the Content as the basis for another photographic concept
or story concept, is a violation of Ryan Smith's copyrights and or its
content providers. In the event of an infringement of these user agreement
terms, you will be notified and invoiced the industry standard Triple
Fee for unauthorized usage and/or prosecuted for Copyright violations.
PRIVACY POLICY:
Ryan Smith Photography values its customers and respects their need
to feel secure while viewing our site. We have worked very hard to provide
a viewer-friendly environment that features many of our beautiful photography,
products, and services. We will use the information that you provide
us only in order to contact you and will not provide your contact information
to any other companies. We reserve the right to update or change this
privacy policy at any time.
TERMS & CONDITIONS:
The Price: This contract
is for package indicated above. The couple agrees that they are liable
to pay the full cost of the wedding package purchased. A deposit of
$150 is required at the time of booking, together with a signed contract.
Your Wedding date is confirmed once funds have cleared. A 14-day unconditional
refund policy exists. Please contact us in writing within 14 days to
cancel your booking and receive a complete refund. All prices quoted
below are inclusive of the booking fee. All prices quoted at time of
booking will be honored, regardless of the actual booked date and whether
prices rise or fall. Prices in force at time of booking are those written
on this contract, which is accepted by the signature of both parties
and the payment of $200 booking fee. The balance is due prior to the
Wedding date.
Cancellation: The
client may cancel their contract at any times. After 14 days the following
charges apply: If the Photographer has to cancel this contract for reasons
beyond their control, for example including but not limited to death,
injury or sickness, the Photographer's liability shall be limited to
a full refund of all monies paid, including the booking fee. Where the
photographer must cancel, the photographer will attempt to find a replacement
that is acceptable to the couple and attempt to negotiate a similar
package on a best efforts basis. No guarantee of a replacement can be
made. Where a replacement can be found, the couples will enter a new
agreement with the replacement photographer. The client may cancel this
contract at any time, subject to the following charges. From the date
the contract is signed to 1 calendar month away from the booked date,
the couple's liability is limited to the initial booking fee only. Less
than 3 calendar months the couple is liable to pay 25% of the overall
package price. The photographer recommends that wedding insurance be
taken out which will cover all suppliers fee's should the wedding be
cancelled.
Complaints Procedure:
In the unexpected case of complaint the couple should raise the
complaint with the photographer in writing within 21 days from the date
of receipt of the prints. The Photographer endeavors to respond to any
complaints within 48 hours.
Privacy: The Photographer
will store your name and wedding details. These details will not be
made available to any individual or organization other than the Photographer
and photographer's staff. Ryan Smith will store your personal details
on a private secure database where they will be unavailable to any companies
or individuals apart from Ryan Smith Photography. Should you wish to
permanently remove your details from our database please advise us in
writing.
Copyright & Model Release:
We the Couple give the Photographer and all licensees and assignees
the absolute right to copyright and use the photograph(s) taken at our
wedding and any other reproduction or adaptations thereof, in whole
or in part, alone or in composite or altered form, or in conjunction
with any wording or other photographs or drawings, for advertising,
publicity, editorial or any other purpose including use on the Internet
and World Wide Web or transmission by any other electronic means. We
the couple understand that we do not own the copyright in the photograph(s),
and that we waive any right to inspect or approve the finished use of
the photograph(s) and that the copyright of the photograph(s) belongs
to the above-named photographer. We hereby release and discharge the
Photographer and all licensees and assignees from any liability whatsoever,
by reason of any distortion or alteration or use in composite or other
form, whether intentional or not, which may occur in the making or use
of the photograph(s).
Artistic License:
The photographer shall strive to accommodate reasonable requests in
regard to poses used, locations used and group shots taken. The Photographer
shall however be granted artistic license in relation to the poses photographed,
the location used and the group shots taken. The Photographers Judgment
regarding the location/poses/groups and number of photographs taken
shall be deemed correct. Due to the vagaries of the weather and the
willingness of subjects it may not be possible to capture all the photographs
requested. The photographer shall also be granted artistic license during
the editing and post-production of the images provided to the couple.
Color Matching: The
photographer cannot guarantee exact color matching owing to anomalous
reflections caused by a combination of certain dyes and materials especially
man-made fibers. It is sometimes impossible to record on film the exact
color as seen by the human eye.
Limitation of Liability and Disclaimer:
The Photographer agrees that every effort will be made to provide
high quality photographic services. In the unlikely event that a catastrophic
mechanical failure should occur to the Photographer's equipment or that
the Photographer is unable to provide the couple with the agreed upon
photography services and/or products, or if the quality of the services
and/or products is deemed to be substandard by the couple, the Photographer
and the couple agree that the Photographer is not responsible for any
other consequential damages, emotional or otherwise and that the Photographer's
liability shall be limited to a full refund of all monies paid. The
Couple agree that an entire wedding cannot be replicated, re-enacted
or repeated for the purpose of a re-shoot and limits the Photographer's
liability to the refund of all monies paid under this contract. Neither
party shall be liable for indirect or consequential loss.
Fulfillment of Contractual Obligations:
Photography is a subjective medium and while some people may
like a picture, others may not. The contractual obligations of this
contract will therefore be considered fulfilled once all features of
the selected product detailed above have been fulfilled. The couple
agrees that not all images provided by the photographer may be to their
liking and concede that not every image the photographer attempts to
capture will be successful. The photographer will overshoot so that
after editing, the contractual obligations of this contract are still
fulfilled. The couple and photographer agree that failure to produce
at least 100 images will result in automatic compensation and settlement
at a rate equal to the proportion of the 100 images not received in
relation to the overall package value. For instance given a package
value of $1000.00, should the photographer provide only 90 photographs,
(90% of 100) the couple will automatically be given a 10% compensation
of $100.00.
License to Reprint & Redistribute:
Where negatives or high resolution images on CD are provided
to the Couple, I the Photographer give the couple license and right
to reprint those images and distribute for personal use, including use
on a personal website. They may not be sold or used in any commercial
publication or website without the photographers consent. Where negatives
or high resolution images on CD are not provided, I the Photographer
reserve the sole right of reproduction. Reprint or other reproductions,
including those made in electronic form are expressly forbidden..
