TERMS AND AGREEMENT
1. Retainer Fees and Payments: The Client shall make a non-refundable session fee payment to BORN ARCHIVAL CO. to perform the services specified herein. This session fee is non-refundable. This fee shall be paid in advance at the time of booking and signing this contract. This fee covers the session time and the photographer's talent and artistic input.
2. Cancellation. If the Client shall cancel this Agreement 30 or more calendar days before the session date if booked or due date if no specific date has been booked, any payment paid to BORN ARCHIVAL CO. shall be refunded in full if BORN ARCHIVAL CO. is able to rebook the original date. If BORN ARCHIVAL CO. does not obtain another assignment for that time, the Client's deposit will not be refunded and no further charges will be made to the Client.
3. Photographic Materials. All photographic materials, including but not limited to digital negatives, transparencies, proofs, and previews, and digital files shall be the exclusive property of BORN ARCHIVAL CO. BORN ARCHIVAL CO. may make the proofs available on a website or use the images in a portfolio or website for promotional purposes. The Client will be given a link or USB drive of their edited images for which they will have printing rights for personal uses and purposes. These images are not to be altered or edited in any way by anyone other than BORN ARCHIVAL CO.
4. Copyright and Reproductions. BORN ARCHIVAL CO. shall own the copyright of all images created and shall have the exclusive right to make reproductions. BORN ARCHIVAL CO.'s reproductions are to include use for: the www.bornarchivalco.com website and the associated Instagram and Facebook accounts of BORN ARCHIVAL CO.
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints . If Client is obtaining a digital file for reproduction, BORN ARCHIVAL CO. authorizes Client to reproduce the print only for personal use. Client may not scan, photograph, or duplicate prints in any way. Such duplication is an infringement on the copyrights belonging to BORN ARCHIVAL CO. and will be prosecuted to the full extent of the law.
6. Failure to Perform. If BORN ARCHIVAL CO. cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to BORN ARCHIVAL CO.’s illness, then BORN ARCHIVAL CO. shall return any monies paid, excluding monies paid for any services already fulfilled, to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of BORN ARCHIVAL CO. In the event BORN ARCHIVAL CO. fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
7. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases BORN ARCHIVAL CO. from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is also aware that USB drives are also not a permanent storage for images and must be backed up and archived by the client. BORN ARCHIVAL CO. is not responsible for loss of images or for maintaining backups of the client's images once they have been delivered to the client.
8. Photographer’s Standard Price List. The charges in this Agreement are based on the BORN ARCHIVAL CO.’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
9. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Wisconsin. The parties have read this Agreement and agree to all its terms. Both parties understand that this is a binding contract.
10. Model Release: The Client hereby assign(s) and grant(s) BORN ARCHIVAL CO. and its legal representatives the irrevocable and unrestricted right to use and publish photographs of Client or in which Client may be included, for its website (www.bornarchivalco.com) and social media accounts (Instagram and Facebook) only.
11. Print Orders: All print prices are subject to change at any time. Session fee does not include the purchase or delivery of any prints, digital images or other products. All prints and digital files must be purchased separately and must be purchased at the time of delivery of the gallery.
12. Ordering Session: All prints, digital files and other products must be ordered with BORN ARCHIVAL CO.
13. All sales are final. Once print orders are placed at the time of the ordering session, they cannot be changed or refunded. Returns are not accepted on prints or all other products including but not limited to photo prints, canvases, albums, standout prints, cards, and all other products. All products are non-refundable.
By signing below you agree to all the terms and conditions stated in this contract. *