1. Terms and Definitions
1.1 The Photographer (otherwise known as Madeline Hewitt) is the Author of the photograph or the Photographer;
1.2 The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
1.3 Reproduction includes any form of publication or (digital) copying of the whole or part of any picture;
1.4 These terms and conditions represent the entirety of the agreement between Photographer and Client.
2.1 Madeline Hewitt Photography retains the copyright and ownership of all images created during the session;
3. Use and Reproduction
3.1 Photographer retains the right to use images for the purpose of display, portfolio, advertising, website or any publication to promote her studio or name;
3.2 Photographer grants the client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published unless with specific written permission from Photographer;
3.3 Client agrees not to supply images to any third parties, unless with specific written permission from Photographer;
3.4 Photographer reserves the right to refuse to supply or grant a reproductions of images to a third party when requested to do so by the Client.
4. Booking and Cancellation
4.1 Upon booking a session, Client will be required to pay a 50% retainer fee to reserve the date of the session. This retainer fee is non-refundable. Booking will not be confirmed until payment has been received;
4.2 Once the Client has made a booking for a specific time and date, Photographer will not accept any other work from other clients for those times and dates;
4.3 As a result, once a booking is confirmed, if it is subsequently cancelled, the non-refundable retainer fee covers any services already provided, any expenses already made and any loss of business that may occur for Photographer.
5. Force Majeur
5.1 In case of unforeseen circumstances or sickness on Client’s side, Photographer will do her best within her abilities to reschedule the session with Client. If however it is not possible to reschedule, the session will be considered canceled. No refund will be provided;
5.2 In the very unlikely case of bad weather, Photographer retains the right to decide whether the session can still be held or not. If Photographer decides the session cannot be held because of bad weather, Photographer will do her best within her abilities to reschedule the session with Client;
5.3 In the events of cancellation by Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
6. Photo Session
6.1 Client agrees to show up to the session location at least 10 minutes ahead of session time, in order for the session to be started in a timely manner;
6.2 If Client, for unforeseen reasons, turns out to be late for the session, any late time will be deducted from Client’s session time. Photographer will not be accountable for a lack of images provided, and/or a lack of variety in images caused by this;
6.3 Photographer will wait for Client for a maximum of 20 minutes. If Client does not show up within this time without any notice or warning, Photographer retains the right to consider the session canceled. No refund will be provided.
7. Payment Terms
7.1 Payment in full of the remaining balance will be due on the day of the photo session;
7.2 Payment of the remaining balance is required to be done in cash, exact change and either US Dollars or the local currency of Antillean Guilders;
7.3 Additional goods and/or extra images ordered must be paid for in full at the time of ordering;
7.4 Titles to all goods remains with the Photographer until paid for in full by Client
8.1 Upon receipt of images, Client accepts all responsibility for archiving and protecting the photographs. Photographer will not be accountable for permanently archiving Client’s files;
8.2 Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read DVD discs, USB flash drives or any other digital files provided;
8.3 In case of loss of files Client may always contact Photographer in hopes Photographer does still have Client’s files archived. Client will be charged with a $50 archiving fee for Photographer’s time and effort of delivering Client’s files once more.