1. Deposit and Payment. The Client shall pay the full session fee as deposit to retain Gronow Photography to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and the Client shall pay the balance due within 30 days from the date of the invoice
2. Cancellation. If the Client shall cancel the session two or more calendar days before the session date, any deposit paid to Gronow Photography shall be refunded in full. Gronow Photography shall have the right to cancel the session at any time by refunding the deposit in full to the Client at any time before the session is conducted and shall have no further liability to the Client.
3. Photographic Materials. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs and previews, shall be the exclusive property of Gronow Photography. Gronow Photography may make proofs and previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size.
4. Copyright and Reproductions. Gronow Photography shall own the copyright in all images created and shall have the exclusive right to make reproductions.
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than Gronow Photography.
6. Limit of Liability. If Gronow Photography cannot perform the session due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the illness of its photographer, then Gronow Photography shall return the deposit 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 willful default on the part of the Photographer. In the event Gronow Photography fails to perform for any other reason, the Client agrees to accept an amount equal to the retail value of the Client’s order as liquidated damages for Gronow Photography’s failure to perform.
7. Client’s Indemnity. The Client shall fully indemnify the Photographer in the event there is any loss or damage to the fixtures, fittings or any parts of Gronow Photography’s studio or any equipment in the lawful possession of Gronow Photography resulting from the actions (whether directly or indirectly) of the Client or any person accompanying the Client during the session howsoever such loss or damage is caused and regardless whether such loss or damage was deliberate or due to the negligence of the Client.
8. Print Life. The Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks. The Client releases Gronow Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities