ENTIRE AGREEMENT *
By signing below, You understand and accept the terms and conditions set forth herein. These terms and conditions govern the relationship between You (“ The Client”) and Burgundy Clark of Burgundy Clark Photography. By booking a session, You agree to be bound by these terms and conditions, which outline, among other things, the no show policy and certain limitations of liability. These terms and conditions affect Your rights and designate the governing law and forum for the resolution of any and all disputes.
A signed contract and retainer fee are required to reserve the dates and times of the session. If the session is rescheduled, postponed, or cancelled; or if there is a breach of contract by you, the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to Burgundy Clark Photography. The CLIENT shall also be responsible for payment for any of Burgundy Clark Photography's materials charges incurred up to time of cancellation.
MODEL RELEASE *
The CLIENT hereby assigns Burgundy Clark Photography the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT of LIABILITY *
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Burgundy Clark Photography's control, including but not limited to camera, hard drive, or equipment malfunction, Burgundy Clark Photography's liability is limited to the return of all payments received for the session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Burgundy Clark Photography is not liable for the loss of images beyond the session date after final delivery of all products have been given to the CLIENT.
When you buy a package of time with me, I commit to having enough time available to serve you. That affects how many other clients I can take on. For that reason I do not offer refunds. If you want to make sure my style is right for you, please check out my portfolio page as this is the type of work you will receive from me. By clicking below you understand that you will not receive a refund in the event you decide I am no longer the right fit for you, after services have already been rendered.
NO SHOW + TARDINESS *
My time is valuable, and so is yours. If you are late for your appointment you lose that time. If you do not show you will be charged in full. No refund will be given and Burgundy Clark Photography is not required to stay at said location for any amount of time after scheduled session time. Client also understands that Burgundy Clark Photography is not responsible for the delivery of fewer images due to time constraints and loss of daylight.
RESPONSIBILITIES + LIABILITIES *
Burgundy Clark Photography is not responsible or Liable for compromised coverage due to causes beyond her control, including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the Burgundy Clark Photography, rendering of decorations, or restrictions of the locations. Burgundy Clark Photography is not responsible or liable for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Burgundy Clark Photography is not held liable for missed coverage of any part of the Session. Burgundy Clark Photography will not be held accountable for failure to deliver images of any individuals or any objects at the Session due to circumstances beyond her control. It is also not the responsibility of Burgundy Clark Photography to monitor children, animals, or facial expressions and moods of the CLIENT at any time during the session. I will strive to always give my 100% however Burgundy Clark Photography is not liable for the outcome of portraits due to rudeness or lack of client cooperation. Please note Burgundy Clark Photography reserves the right to terminate the session at any time if the CLIENT and guests do not follow these guidelines and NO refund will be given.
Burgundy Clark Photography reserves the right to terminate coverage and leave the location of the session if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the session; or in the event that the safety of the photographer from the Burgundy Clark photography is in question.
CAPTURE + DELIVERY *
Burgundy Clark Photography is not liable to deliver every image taken at the event. The determination of images delivered to you, the CLIENT is left to the discretion of Burgundy Clark Photography.
PRINT RELEASE + DELIVERY *
All sessions will be delivered to the CLIENT digitally via High Resolution Images through a password protected Pixieset Gallery. A Disc of your images will ONLY be provided upon request and there is a $15 charge per disc. I understand that my images will be provided via Pixieset and that if I would like a CD of images the additional fee applies. Burgundy Clark Photography only endorses printing of your digital images through mpix.com. Because of variations of colors and outcomes from other labs, Burgundy Clark Photography can not be responsible for the condition of prints when printed elsewhere. I understand that printing from any other labs may give unexpected color or quality in my prints and that Burgundy Clark Photography has no control over these results.
The photographs produced by Burgundy Clark Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Burgundy Clark of Burgundy Clark Photography's explicitly written permission. If the CLIENT has purchased an "Image DVD" from the Burgundy Clark Photography, Burgundy Clark grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to Burgundy Clark Photography. The CLIENT must obtain written permission from Burgundy Clark Photography prior to publishing or selling the photographs.
TRAVEL EXPENSES *
All travel expenses are based on the distance between the session location and Burgundy Clark Photography's address of Tehachapi, Ca. For all sessions, the first 60 miles roundtrip of travel are included. All miles in excess of 60 miles roundtrip are charged at $1 per mile.
PAYMENT SCHEDULE *
As agreed upon the non-refundable retainer fee of $50.00 USD is due at the time of signing of agreement via paypal invoice to Burgundy Clark of Burgundy Clark Photography. The remaining balance is payable in full prior to or the day of the session or day of session before services are rendered. In the event the CLIENT fails to remit payment as specified, Burgundy Clark Photography shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend and or deliver the session. Returned checks will be assessed a $50 non-sufficient funds fee.