PHOTOGRAPHY TERMS & CONDITIONS
Estimates: Estimates are good for 3 business days from the “Estimate Date”. Estimates are subject to change as the scope, time frame, deliverables, or needs of the Client are revised. This includes but is not limited to the number of hours of coverage, location, guest count, type of photography, number of photographers, type, or quantity of equipment, shot list/requested photos, delivery timetable, degree of editing, or image license. Should the scope of the project increase after the contract has been signed/fee is paid, Client will be responsible for all additional fees.
Pricing Policy: Fees are based on Photographer’s cost of doing business and are competitive for similarly qualified professional photographers in the San Francisco Bay Area. Photographer reserves the right to offer rebates on listed pricing for off-season events or repeat clients. Studio pricing and policies are subject to change at any time without notice. Sales tax is waived for digital delivery of images. Hourly and daily minimums apply, and higher rates may apply for holidays, weekends, and peak season, or at the discretion of the principal photographer.
Courtesy Holds: Courtesy holds on shoot dates, crew and studio time are good for 3 business days from the printed “Estimate Date”. If a signed contract and retainer are not submitted within 3 business days, the Photographer reserves the right to modify her pricing and release the booking date, crew, and studio from her calendar. Guarantees cannot be made on Photographer, crew, equipment or studio availability until a signed contract and retainer are submitted.
Consultations: Photographer provides clients up to 30 minutes of complimentary consultation time during the discovery phase, and up to 60 minutes of additional consultation time after the submission of a signed contract and retainer. Consultation time shall be used to discuss logistics, creative, insurance requirements, scope changes, and other project-specific details. Additional admin time will be billed at a rate of $75.00 per hour.
Execution of Contract: On signing of this agreement by both parties hereto, the Photographer will reserve the time and date agreed upon and will not make another reservation for the specific time frame. For this reason, all retainers are non-refundable even if the date is changed or if the event becomes cancelled for any reason. If a signed contract is not submitted within 3 business days, Photographer will release the hold on the date.
Retainer: A non-refundable retainer of 50% of the total fee is required for all bookings to reserve the Photographer’s availability. The non-refundable retainer must be paid within 3 business days from the submission of a signed contract. If the non-refundable retainer is not paid within 3 business days, the contract will be deemed null and void, the Photographer shall be released from all obligations to the Client required by the contract, and the Photographer shall be allowed to release the date and time to another Client. The retainer is non-refundable even if the date is changed or if the event becomes cancelled for any reason. Photographer will not hold dates, crew or studio time for Clients who have not submitted a retainer and signed contract.
Balance: For bookings with invoice totals of $1000 or less, the Invoice amount must be paid in full at the time the signed contract is submitted. For bookings with invoice totals over $1000, a 50% non-refundable retainer is required to secure the date with the balance due in full 7 days before the contracted event date. Photography deliverables, licenses and copyright will not be transferred to Client until all invoices are paid in full.
Payment, Discounts & Fees: Acceptable methods of payment include cash, check, ACH bank transfer, Zelle, and credit card via QuickBooks. A 3% convenience fee will be applied to all credit card transactions. Discounted rates are not available to clients who pay via credit card or wire transfer. Returned checks are subject to a $50.00 returned check fee.
Non-payment: Non-payment of a Retainer within 3 business days of submitting a signed Contract will result in the Client forfeiting their contracted date, photographer, crew, and studio time. The Contract will be deemed null and void, the Photographer shall be released from all obligations to the Client required by the Contract, and the Photographer shall be allowed to release the date and time to another Client. Photography services will not be rendered, or deliverables transferred, to Clients with outstanding invoices and late fees.
Late payment: Invoices are considered late after30 calendar daysfrom the Invoice Date. Late payment of an Invoice is subject to a 5% monthly late fee.No photography services, deliverables,usage license, or copyright will be provided to Client until the Invoice and all late fees are paid in full. Invoices more than 120 days past due will be submitted to a collection’s agency for payment.
Refunds: On signing of this agreement by both parties hereto, the Photographer will reserve the time and date agreed upon and will not make another reservation for the specific time frame. For this reason, all retainers are non-refundable. All fees and expenses payable under this agreement are required to be paid in full irrespective of whether Client makes actual use of the Images or the licenses to use them.
Cancellations: Photographer requires notification in writing from the Client for any canceled or rescheduled event. Cancellations are required a minimum of 90 days prior for weddings, 30 days prior for corporate and private events, 14 days prior for portrait and headshot sessions, and 7 days prior for photo tours and lessons (the “notice period”). Cancellation policies will apply irrespective of the reason for the cancellation.
· If written notification of a cancellation is received within the notice period, Photographer will credit the non-refundable retainer and any balance paid toward a rescheduled event, subject to Photographer’s availability, not to exceed 90 days from date of cancellation. Clients who choose not to reschedule their booking, or events that are canceled or not rescheduled within 90 days, will receive a refund of the amount paid, less the non-refundable retainer. Refunds will be issued by check or ACH transfer within 7 business days of the cancellation.
· If written notification of a cancellation is not received within the notice period, Client will be responsible for 100 percent of the fee as liquidated damages and no refund will be made to the Client.
Project Scope: It is the responsibility of the Client to review all details contained under “Scope of Work” for accuracy. If any information is incorrect, or changes after the Scope is approved by mutual signature, Client agrees to inform the Photographer in writing immediately.
Talent: Rebecca Wilkowski Photography (RWP) consists of principal photographer, Rebecca Wilkowski, in addition to Associate Photographers, Digital Techs, Lighting Techs, Photo Assistants and other crew. Bookings with RWP will be assigned to the principal or the most senior Photographer available at the time the contract is executed. All Associates meet high standards for experience and equipment sufficient to capture the event. Special requests for a specific Photographer may be made but cannot be guaranteed.
Crew: RWP provides the contact information (email, telephone, address) of her crew to the Client only for the purpose of obtaining security credentials, badges, NDAs, and hotel assignments. All communication with RWP crew shall be routed through principal photographer Rebecca Wilkowski. Client may not circumvent RWP to hire her crew directly.
Venue Restrictions: The Photographer may be limited by the guidelines, rules, or existing lighting/architecture of the event venue or public space. Client understands and agrees that the Photographer will abide by all house rules and agrees to hold Photographer harmless for the impact such constraints may have on the finished product.
Permissions: It is the Client’s responsibility to schedule and receive any permissions or permits necessary for Client to use various locations for photography, in connection with the Event, including all necessary permissions of location and guests, permits, photo releases and model releases that may be required in connection with Client’s use of the Photographs as authorized herein. Client represents and warrants that Photographer has permission to use the Photographs pursuant to all other provisions in this Agreement.
Schedule & Shot List: Client agrees to provide photographer with a detailed Schedule and Shot List a minimum of 3 business days before single day corporate events and 5 business days before multi-day corporate events or branding photography projects. While Photographer will make every reasonable effort to capture photos specifically requested by Client, Client understands that due to the uncontrolled and unpredictable nature of the Event and the variables of the weather, available light, time restrictions, venue restrictions, and willingness or location of subjects, the Photographer cannot guarantee that all requested photos will be captured.
Changes to Scope: Client understands that changes to the timing, hours, deliverables, crew, equipment, venue, conditions, or location outlined under the Scope of Work may impact the quality and quantity of images delivered. Any changes must be mutually agreed upon in writing by Client and Photographer. Client assumes all responsibility for any negative impact changes have on deliverables, invoice fees and Photographer/crew safety. Photographer reserves the right to decline any changes that go beyond the original Scope of Work.
Image Approval: Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability and completeness of the Images captured. A mood board or inspiration deck is recommended to guide the creative direction for all branding photography projects and will be required for any projects without an on-site Art Director managing the photo shoot.
Overtime: Photography will commence at the scheduled time outlined in the Scope of Work. Photographer will not be held liable for any photographs not captured due to delayed start times. Photographer will end photography coverage at the pre-determined contracted time. Client may purchase additional photographic coverage on-site via a credit card for events that go beyond the original contracted time limit. Additional photographic coverage is billed in 1-hour increments and will be priced at the Photographer’s current rate. In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time at the rate of 1.5 times her hourly rate.
Idle Time: Idle time is billed at a rate of 50% of the normal hourly rate.
Breaks & Meals: Photographer and her staff reserve the right to take one 15-minute break for every 4 hours of work and a 30-minute meal break for events of 8 or more hours. Photographer reserves the right to leave the premises for one paid hour to obtain a meal if a meal is not available on-site.
Travel: Travel to/within San Francisco County – or up to 1 hour – is included in the billable rate. Travel beyond San Francisco County/1 hour is billed at $50 per hour. Airfare, taxi, rideshare and parking fees shall be reimbursed by the Client. Travel days are billed at $750/day for commercial assignments.
Parking: Parking fees shall be validated or reimbursed by Client. For the Photographer’s personal safety, Photographer will not park on public streets in San Francisco, Oakland, San Jose, Los Angeles, and other major metropolitan areas.
Accommodations: Photographer requires Client to provide accommodations for projects located outside of San Francisco County that require more than 1 hour of car travel one-way and meet one or more of the following criteria: (a) have a start time before 8am and are more than 8 hours in duration, (b) that are multi-day in nature. If a client-sponsored hotel room block is not available, accommodations will be booked directly by photographer. Accommodation shall be non-smoking, non-shared, and reserved in a 4+ star rated Airbnb, or a 3-star hotel located within 5 miles of the event venue in San Francisco and within 10 miles of the event venue in the Greater Bay Area. All accommodations booked by the Client must be confirmed within 10 business days of remitting the non-refundable retainer or 14 days before the event, whichever is longer. If accommodation is not reserved or cannot be confirmed on this timetable, Photographer reserves the right to book her own accommodation of equal or lesser value and have the expense reimbursed by the Client.
Reimbursements: Expenses incurred by the Photographer while rendering contracted photographic service shall be reimbursed by the Client. Expenses include but are not limited to airfare, accommodations, taxi/ride share, meals, entry fees, and parking. Expenses shall be reimbursed by Client within 14 days after submission of receipts.
Personal Safety/Security: Due to the high incidence of violent crime against photographers in Bay Area public spaces, Photographer reserves the right to bill and be reimbursed for a security guard. If a security guard is not available or preferred, the Client may choose to move the photography location to a private space, company building, or the Photographer’s studio.
Client Conduct: Client is responsible for the conduct of their employees, guests, members, and crew. Conduct impacting or interfering with the Photographer’s job duties, well-being, safety, and mental health will not be tolerated. Unacceptable conduct includes, but is not limited to inappropriate, hostile, threatening, or offensive verbal and written communication or physical behavior; sexual harassment; inappropriate touching; and conduct which threatens or damages the photographer’s equipment or safety. Photographer reserves the right to terminate the contract for unacceptable client conduct at any time. If Photographer terminates the contract before the booking date, Photographer will refund all monies paid, except actual expenses for goods and services already rendered. If unacceptable conduct occurs during the booking, Photographer will provide the Client a warning. If the situation is not expeditiously resolved by the Client, the Photographer reserves the right to terminate photography and depart the booking immediately. In such an event, no refunds in any amount will be granted.
Image Galleries/Online Proofing: Image galleries are available online for a period of 30 days. All galleries are permanently deleted after 30 days. The fee for re-creating any gallery is $50.00, per instance. Proofing galleries are meant for image review only. No use of watermarked images, removal of watermarks from images, or taking screenshots of images is allowed.
Late Arrival to Appointments: Should a client run late, they are required to call or text the photographer with a minimum of 1 hour notice. If the Client does not call/text the Photographer, or if the Client will be more than 15 minutes late, the Photographer reserves the right to: (a) reduce the appointment length, (b) charge for an additional hour (studio and on-location appointments), or (c) reschedule the Client at her convenience and impose a Rescheduling Fee of $50.
Creative License: Images are curated and edited at the Photographer’s discretion and delivered proofs and prints may not include all images shot. The Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Photographer’s artistic standards.
Post-production & Retouching: Event and Headshot images will receive a quantity culling and basic corrections (color, contrast, exposure, sharpness, lens distortion, etc.). Basic retouching (minor blemish removal, minor stray hair removal, whitening teeth) will be provided at no extra charge for headshot projects with fewer than 10 subjects. Retouching for projects with more than 10 headshot subjects, or advanced retouching (acne removal, facial thinning, skin smoothing, skin discoloration, eyeglass distortion, background swaps, etc.) are available for an additional investment. Clients who purchase advanced retouching will receive one round of revisions. Additional rounds of revisions will be billed at a rate of $50 per revision.
Turnaround Time for Events: Event images are delivered within 5-7 business days. Special requests can be made for up to one dozen “teaser” images to be delivered within 24 hours of the event close. These requests are honored by advance request only (minimum of 72 hours required).
Turnaround Time for Headshots, Portraits & Branding:
• Same Day - Image selections made on-site during the shoot which require no editing.
• 3 -5 Business Days - Image selections made on-site during the shoot which require basic retouching.
• 5-7 Business Days - Image selections made on-site during the shoot which require advanced retouching.
If client prefers to select final images via an online gallery, the retouching timeline begins once Photographer receives ALL final image selections from the Client. Photographer will select final images when the Client fails to do so by agreed upon deadline. Photographer’s selections will remain final. Any change requests to final images will incur a change fee.
RUSH Fees: Images may be delivered on an expedited delivery schedule. Please contact photographer for current rates.
Image Format: Photographer may deliver, and Client agrees to accept, digital files in a file format and resolution that Photographer determines will be suitable to the subject matter of each image and the reproduction technology and uses for which the image is licensed. Photographer does not deliver RAW files to Clients. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
Image Archiving: Upon receipt of final images, Client accepts all responsibility for archiving and protecting the photographs. Photographer archives all original negatives/digital files for a period of 6 months, after which date assets are permanently purged. 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 discs/images provided. It is Client's responsibility to make sure that images are copied to new media as required.
Image Quality: Photographer is not responsible for the quality of prints or other products not ordered directly through her studio.
Alterations: Proofs or low-resolution images may not be published, edited, retouched, or have any applied watermark altered, cropped, obscured, or removed. Clients may crop and modify un-watermarked, high-resolution photos for the purpose of creating derivative works.
Photo Credit: Any photo printed editorially, either directly by Client or by an approved third party, must include a Photographer photo credit that reads "Rebecca Wilkowski Photography". If a photo credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a two-times multiple as reasonable compensation to Photographer for the lost value of the credit line.
Copyright: Digital files will contain Photographer copyright and other information embedded in the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. As the author of all images made hereunder and as provided for by United States Copyright Laws (Title 17, U.S. Code Section 101), the Photographer shall retain the copyrights in perpetuity, regardless of possession of actual photographs, digital files, or any other format of reproduction. Photographer retains the irrevocable right to use the photographs for the purposes of print and electronic promotion and advertising of Rebecca Wilkowski Photography. As the copyright owner, the Photographer may grant use of the images to third parties and all compensation for use and credit for the images remain the property of the Photographer. Client waives the right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith. Client hereby expressly consents to the jurisdiction of the Federal Courts with respect to copyright claims by Photographer under the Copyright Act of 1976, as amended. Client agrees to pay reasonable legal fees and expenses if the Photographer prevails against the Client on all federal matters.
License: Unless otherwise specifically provided elsewhere in this document, Photographer provides a non-transferable, non-exclusive, unlimited term license to Client for the reproduction, distribution, and display of images in electronic and printed media worldwide. No rights are transferred to Client unless and until Photographer has received payment in full. Image license permits usage for the purpose of event promotion and recap, public relations, social media, company website and email, LinkedIn, educational presentations, editorial features, internal communications publications or presentations, news broadcasts, and documentaries. Prohibited usage includes advertising in print and digital media campaigns, sales materials, online stores, product packaging, film, television, billboard, print ads, and book covers. Any advertising use or use beyond the time and territory outlined in this Agreement requires the express permission of Photographer and the payment of an additional licensing fee. The parties agree that usage of any image without the prior permission of Photographer will be invoiced at two times the Photographer's customary fee for such usage. Delivered photos, both print and digital, may not be sold to 3rd parties without permission of the photographer.
Work for Hire: Photographer is an independent contractor and not an employee. The Photographer retains all legal and moral copyright to all images created.If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite, or implement such transfer. Transfer of Copyright Ownership is contingent on complete and successful payment of Photographer’s Invoice and the signing of a Transfer of Copyright Agreement. Once complete and successful payment and a signed Agreement is received and confirmed, Photographer will assign all right, title, and interest in and to the Deliverables to the Client.
Limits of Liability: In the event the Photographer cannot perform this Agreement in whole or in part due to Force Majeure, the Photographer will attempt to secure the services of an alternate qualified photographer. If an alternate photographer cannot be secured, or the Client refuses an alternate photographer, the liability of the Photographer shall be limited in any event to the refund of the retainers paid, less any expenses for goods/services already rendered, and Photographer shall have no further liability with respect to this Agreement. Photographer shall not be liable or responsible to Client nor be deemed to have defaulted under or breached this Agreement, for failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from the Photographer's illness, injury or death or causes beyond the reasonable control of the parties, including, without limitation: acts of God; nuclear or natural disaster such as flood, fire, earthquake, hurricane, tornado or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; law; actions, embargoes or blockades in effect on or after the date of this Agreement; action by any Governmental Authority; national or regional emergency; labor disputes, strikes, labor stoppages, or slowdowns or other industrial disturbances; epidemics or pandemics; acts of civil or military authority; travel bans or travel warnings; equipment failure; accidents; disruption or outage of communications, power or other utility; or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by either party with reasonable care (each, a “force majeure event”).
Transfer and Assignment: Client may not assign or transfer this agreement, or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder.
Changes to Contract: On signing of this agreement by both parties, the sale is final, non-refundable, and legally binding. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional images, hours, headshots, crew, equipment, fees, and expenses that could not be confirmed in writing because of insufficient time or other practical considerations.
Right of Withdrawal: The Photographer’s discovery of new information, changes of scope, or other factors tending to circumvent her policies could result in her withdrawal. Examples of contributing factors include but are not limited to changes of locations, facilities, dates, times, deadlines deliverables, travel, crew, equipment accommodations or transportation without sufficient notice and prior agreement by photographer; missed appointments; missed deadlines; non-cooperation; abusive/inappropriate client conduct; failure to provide complete or timely information deemed necessary for preparation for and execution of job and deliverables; failure to provide a working environment that meets parameters set forth in the Scope of Work; failure to provide any goods, service or permissions outlined in the contract in a timely manner or by agreed upon deadline; returned checks, insufficient funds or late payments; and expansion of project scope to a degree where photographer does not have the crew or resources available to successfully complete the project to a reasonable standard. Should the Photographer initiate the withdrawal, all fees will be returned, excepting non-refundable retainers and actual expenses for goods and services already rendered.
Severability: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement shall not be affected, and other provisions of the agreement shall remain in full force and effect.
Disputes: Except as provided under “Federal Jurisdiction” below, the Parties agree that any dispute or claim between them in the amount of $5,000 or less will be submitted for resolution without arbitration in small claims court by the Superior Court of California in the County of Alameda. Parties agree that any disputes greater than $5,000 shall be governed by California law and resolved by arbitration before a single arbitrator in Alameda County, California appointed by the American Arbitration Association (“AAA”). The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules then obtaining. The AAA rules on Expedited Procedures will apply to any claim of less than $500,000. Judgment on the arbitration award may be entered in any court having jurisdiction. Client shall pay all arbitration and court costs, Photographer’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
I confirm that I have read, understand, and agree to this Agreement and its Terms.