TERMS & CONDITIONS
The terms listed below shall be deemed as a contract between you (“The Client”) and Angela Ostley Photography when any and all services are requested either verbally or written, and no variation or modification of this contract shall be effective, unless agreed upon by both parties in writing.
Angela Ostley Photography will carry out all photography in accordance with agreed upon details with “The Client” using professional equipment. A summary for each assignment will be agreed upon at the time of booking. Details regarding site access, property position, model release forms and other factors which may have a bearing on photography may also be provided by “The Client” at this time. “The Client” understands and accepts that the photography coverage will be as the Photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction although every effort will be made to comply with “The Client’s” wishes.
Packages are presented at a discounted rate, and are specifically detailed at https://www.angelaostleyphotography.com/packages. Angela Ostley Photography maintains absolute right to change package services without advanced notice. Retainers are non-refundable.
The agreed order will detail the cost of services provided by Angela Ostley Photography & will be based on specific requirements of “The Client”, e.g. type of photography, panoramic images, additional mileage travelled, etc. Please note that should the agreed upon orders subsequently change, Angela Ostley Photography reserves the right to charge for additional services provided or time incurred. Physical prints of the images are only included in the Wedding package and Senior session package.
Retainers are required for all services and are due at the time of booking. Retainers are $100 for each package or service, except for wedding packages, which is $500. Should services be cancelled by “The Client” for any reason, the retainer will not be refunded, but held for one year for future services by Angela Ostley Photography. Retainers are forfeited by “The Client” after one year. The time for this purpose starts at the time the retainer is received by Angela Ostley Photography. Full payment, or remaining balancing, is due the day of the event, prior to the start of the photography session.
Payments and retainers can be made with cash, check, credit/debit card (with a 3% service charge) or Paypal (with a 3% service charge)
Please note that failure to provide information, which results in cancelled trip to the site, may result in an extra charge being made by Angela Ostley Photography to cover time & associated travel costs. This cost may be up to, but not exceed, 10% of the total service charge.
Only the Senior session package provides clients the ability to proof the images before printing. All other proofing is done solely by Angela Ostley Photography.
Delivery of Completed Images
Completed images will be delivered in an online format as soon as possible after completion of the photography session. Where possible, all deadlines agreed at the time of order will be met, unless notified otherwise (see note below regarding weather conditions).
Digital Manipulation of Images
Professional images usually requires some standard alteration in relation to toning, coloring & sharpening. This work is carried out within the costs of Angela Ostley Photography’s agreed fees. Angela Ostley Photography is able to offer additional digital manipulation services over and above where required. Examples of this include removal of background objects/people, altering the color of the sky/grass, etc. If such work is required this will be subject to an additional charge to be agreed prior to the work commencing.
Please note that photographs which will be used to sell or market property, or be representative of the state of works at a given time, should not be altered in any way which may misrepresent the property/works concerned, i.e. power lines or background/adjoining buildings removed. If digital manipulation of images is requested Angela Ostley Photography cannot be held liable for any misrepresentation that may occur if these photographs are subsequently used for such purposes.
Angela Ostley Photography will not accept any liability should commissioned images be used in a defamatory manner by the commissioner of the image. Angela Ostley Photography also reserves the right to object to photographs being used in a manner which distorts, mutilates or is damaging to the reputation of Angela Ostley Photography.
Angela Ostley Photography reserves the right to use the commissioned images in promotional material relating to the business. In addition, Angela Ostley Photography reserves the right to make the images available for sale to a third party, unless specifically stated otherwise in writing, at the time of the commission being carried out.
The Wedding package includes physical prints of the images. This is a $200 value based off of market prices for printing as well as time incurred by the photography for preparation. Market Prices are subject to change without notice, therefore Angela Ostley Photography cannot provide a price list for printing. The Senior session package also includes physical prints. This is a $50 value. Angela Ostley Photography makes the determination of which photos are printed, but may also consult with “The Client” for final approval.
Clients may print the images that they receive any way they choose. It is by the best wishes of Angela Ostley Photography that you choose to print through our service. Your pictures would be printed on some of the world’s best photography printers. You will truly get a professional print, for your professional photography service.
Printing prices are subject to change without notice. Angela Ostley Photography will provide timely updates to clients that wish to have their images professionally printed.
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer (e.g. due to ill health).
In most instances where photographs are taken from public places or highways, advanced permission is not required to carry out photography. In certain circumstances however where access is required to private land to obtain photographs, where parking restrictions are in place, or where a site is close to a sensitive area (Military installation, airport, government buildings, etc.) advanced permission may be required.
“The Client” will be responsible for obtaining the appropriate permission in advanced to enable photography to take place in such areas. Failure to obtain such permission may result in the inability to take photos, in which case the Photographer may require an additional charge.
Unless specifically agreed in writing prior to the commencement of photography, images will be provided without obtaining model or property release forms. It is solely the responsibility of “The Client” to obtain such permissions and to make the moral decision whether to publish photographs which contain images of individuals where model release forms have not been obtained, i.e. shoppers in retail parks/shopping centers. Angela Ostley Photography accepts no liability in circumstances where supplied images are used by “The Client” without such a release and subsequent action is taken by individuals or companies against “The Client.” Should “The Client” require such permissions, Angela Ostley Photography should be informed prior to the commission being undertaken.
In addition to the above Angela Ostley Photography accepts no responsibility where images of Trade Marks/Company logos are used by “The Client” to support other non-associated works.
Any images produced under the terms of this contract by Angela Ostley Photography are protected by U.S. Copyright Law and remain the property of Angela Ostley Photography, whether stored digitally or otherwise. In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with Angela Ostley Photography.
Angela Ostley Photography deserves the moral right to be credited as the author of any published photographs, whether it is a physical print, or electronic image.
Clients may copy images for personal purposes only. Personal reproduction does not allow the use of images for corporate advertising, marketing or publicity in any way, including their use on websites or other electronic media. Should “The Client” subsequently wish to use the images for this purpose, written permission must be sought from Angela Ostley Photography.
Corporate clients may use their images for promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc. In instances where photography is commissioned through a third party, e.g. Design Agencies, those rights extend to the end user of the images. Unless agreed otherwise in writing, the corporation may only use the images for the purposes of supplying the original end user.
In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the written permission by Angela Ostley Photography. If such a request is made, Angela Ostley Photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph.
Please note that unauthorized copying of a copyright image (in whole or part) is an infringement of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, or injunctions precluding one’s use of the images.
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 monetary value of the contract. Neither party shall be liable for indirect or consequential loss.
In order to operate safely and within the limits of the equipment, from time to time weather conditions (high winds, lightning, rain, etc) may preclude photography from taking place. In such circumstances Angela Ostley Photography will contact you and arrange to take the photographs as soon as possible after the severe weather has passed, at an agreed time.
Angela Ostley Photography cannot be held responsible for any missed deadlines in respect of you not having received your order by the agreed deadline due to the prevailing weather conditions. Should work be interrupted by a change in weather conditions, Angela Ostley Photography will arrange for a further site visit to carry out the completion of the work. Please note there may be an additional charge for re-visiting the site which will depend upon the location and initial client briefing. If you have specific requirements regarding weather conditions for your images (e.g. sunshine) this must be agreed at the time of order. Angela Ostley Photography will make every effort to comply with these wishes; however it may not be possible to achieve the requested images within a limited timescale.
“The Client” may cancel this contract at any time by giving written notice to Angela Ostley Photography. Should cancellation of the contract occur after work has commenced or expenses incurred in relation to the contract these costs will be charged to “The Client” and will be payable in full. Retainers for services will not be refunded. Please see payments section for further details.
Any complaints should be raised by “The Client” with Angela Ostley Photography, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images. Angela Ostley Photography is dedicated to providing excellent customer service and will work to resolve all complaints that will benefit both “The Client” and Angela Ostley Photography.