AGREEMENT TERMS & CONDITIONS PAYMENT ARRANGEMENT: The Client will pay the Prevision Media the total session fee specified and any purchase of photographic products. A minimum payment of 50% of session cost is due at the time of booking to reserve your session date and time. This portion is deducted from the total and is non refundable.   The remaining balance is due on the date of the photo session. Prevision Media will send electronic invoices for deposits and final payments to be paid online. If you prefer to pay cash or check please specify in the “other session details” section below. You have 24 hours to pay the deposit before your date is released for other possible sessions. All session costs are subject to North Carolina 4.75% sales tax.
 

CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Prevision Media is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/ agreement by Client, the deposit session fees paid are non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated.   If it is not possible for a session to take place on a scheduled day due to weather, Prevision Media and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
 

COOPERATION/NO SHOWS: Prevision Media is not responsible if Client and/or key individuals fail to appear or cooperate during photo sessions, or for missed images due to details not revealed to Prevision Media. Prevision Media camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Prevision Media ability to obtain quality shots. The session can be rescheduled as Prevision Media schedule allows.
 

RE-SHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Prevision Media will re-shoot the session at no additional charge one time. The re-shoot must be requested in a timely manner, within 30 days of original shoot. Client is then able to order prints from the second portrait session only. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. Prevision Media will still have all rights to the Images of the session as set forth in this Agreement.

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PRINTS:  Prints are available as mentioned in the packages. Any additional prints are (at an additional cost) either individually or in print packages. All prints include standard retouching and cropping. Prints and products are generally delivered two to four weeks after Client’s print order has been paid in full (Albums may take longer due to lab production). All print fees are subject to North Carolina 4.75% sales tax.  

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IMAGE STORAGE: Images will remain on file for one year from the date of the portrait session. It is highly recommended that Client backs up any digital images on another media format other than a USB and/or DVD.  Prevision Media cannot be held responsible for the failure of USB and/or DVD due to mishandling.  It is Client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands and/or emailed to the client, it is the client’s responsibility to save the images. Backing up your images is very important.
 

RETOUCHING: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Complex retouching is done at a rate of $20 per image. Photographer has the right to refuse any requested edits to the images. Prevision Media retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet their standards.
 

PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Prevision Media from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
 

DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Prevision Media. In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to:  advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. Prevision Media retains these rights even if image files are turned over to the Client.  The RAW/unedited images remain sole property of Prevision Media and will never be given or sold. The Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer.  These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without Prevision Media permission.  Violators of this Federal Law will be subject to its civil and criminal penalties. The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Prevision Media may revoke this license at any time and for any reason. Prevision Media retains all copyrights to the images and derivative works thereof. If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way (no words or filters added) and it is preferred that credit is mentioned to Prevision Media.   

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EXHIBITION: Client grants Prevision Media permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

 

LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Prevision Media control, Prevision Media liability is limited to the refund of all payments received, or a re-shoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Prevision Media is injured or becomes too ill to attend the portrait session, Prevision Media will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Prevision Media will make every effort to secure a replacement photographer/videographer/graphic designer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

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INDEMNIFICATION:
1 - Prevision Media and CLIENT agree that Prevision Media is in no obligation
to capture any specific moment, or pose, or person(s) during the SHOOT.
2 – If Prevision Media is unable to perform the services in this contract for any
cause outside its control, client agrees to indemnify Prevision Media for any damage, loss,
liability; however, Prevision Media will return in full all payments made by CLIENT
to Prevision Media in relation to this SHOOT.
3 – CLIENT agrees to indemnify and hold harmless Prevision Media for any
liability, damage, or loss related to technological failure, including data loss.
4 – CLIENT understands and agrees that Prevision Media is not required to
maintain copies of the photos from this shoot more than sixty (60) days after the photos
have been delivered to client.
5 – CLIENT agrees to hold Prevision Media harmless for any personal injury,
which may occur as the CLIENT poses or works with Prevision Media.
6 – Prevision Media will strive to present photos in a workmanlike manner but is
not required to cater to specific aesthetic preferences of CLIENT.

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CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Prevision Media service on the portrait date, provided Prevision Media is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Prevision Media service on the portrait date. If the period of Prevision Media service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Prevision Media shall still receive the total retainers outlined in this Contract.
 

INDEPENDENT CONTRACTOR:  This Contract is not to be construed as an employment agreement in any way Prevision Media functions as an independent contractor.

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COPYRIGHT

It is not allowed to publish previews of content from the gallery anywhere, nor to further modify them (eg. by removing the logo) according to the Copyright Act No. 121/2000 Coll. without the consent of the photographer/videographer/graphic designer (Prevision Media). They are owned by the photographer/videographer/graphic designer (Prevision Media) and are intended only for the selection of content for editing, retouching and post-production. All content are copyright and property of the photographer/videographer/graphic designer (Prevision Media) and may not be used for any commercial purpose, promotion or sale to a third party without the written consent of the author (Prevision Media). Photographed persons may use photographs for their non-commercial personal presentation. The photographed person is not entitled to publish or otherwise use the content without the prior consent of the client and photographer/videographer/graphic designer (Prevision Media). This consent must be given to the photographer/videographer/graphic designer (Prevision Media) in writing by e-mail.

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IMAGE/PHOTO/VIDEO/LOGO/CONTENT RELEASE: Client grants to Prevision Media and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish media created by Prevision Media for Client, Client’s child or children, or in which Client may be included for editorial, trade, social media/website, marketing, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Prevision Media and their legal representatives and assigns from all claims and liability relating to said photographs.
 

ENTIRE AGREEMENT: This agreement contains the entire understanding between Prevision Media and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Prevision Media. This contract between Prevision Media and Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Prevision Media shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all monies paid shall be retained by Prevision Media in order to offset its loss of business. The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.
   

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