Terms of Service *
A) Delivery Service
All the photographs will be edited with color adjusting, cropping and photo retouching. We will deliver your photographs within 2-3 weeks. All the photographs will be delivered via online album which you can share easily with family and friends, you will be able to download all the high resolution photographs to a computer or personal device.
B) Deposit and Payment
The Client shall make a 50% deposit for the package in order to retain the Photographer 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 Client shall pay the balance due. Balance shall be paid in full during or before the event for the service to be provided.
If you decide to cancel services with Ella Bar Photography for what ever reason, our photography retainer is non-refundable. If event is canceled for what ever reason, refund of remaining 50% of package will be at the discretion of Ella Bar Photography. 50% retainer will be non-refundable.
D) Copyright and Reproductions
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
E) Client’s Usage
The Client is obtaining prints for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph.
F) Failure to Perform
If the Photographer 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 Photographer’s illness, then the Photographer 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 fault on the part of the Photographer. In the event the Photographer 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.
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
H) Photographer’s Standard Price List
The charges in this Agreement are based on the Photographer’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.
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 California.
The parties have read the Terms and Conditions of this agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement. Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.