Terms and Conditions | MichaelBuescherPhoto

General Terms and Conditions for Photo Assignments

The following general terms and conditions apply to all aspects of a photography assignment including offers, created works, and services between Michael Buescher Photography the "Photographer" and the "Client". Unless a change is offered by the Photographer, no other terms or conditions for a photo assignment will be recognized, except if they are in a written contractual form created by the Photographer and agreed to by the Client. This also applies to future business with the Client. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on their basis. An ineffective provision must be replaced by an effective one that comes closest to its meaning and purpose. Photography includes all creative works regardless of form including digital, film, slide, print, albums, multi media, motion picture including sound. The customer acknowledges that all created works remain the exclusive copyright of the Photographer.

Photo Assignment Contract

A contract is agreed only after a deposit has been made and a contract, created for the specific photo assignment signed and is returned by the "Client" to the Photographer.

If the Photographer has made an offer, that offer will remain open for a designated period of time. If the deposit and signed contract have not been received by the close of the reservation date, the offer is withdrawn.

Even after the photo assignment is concluded the Photographer retains copyright of all created works. Unless specifically stated in the contract, images received by the Client may be used only for personal, non commercial purposes.

Images may be shared publicly in a non commercial setting but must include the copyright wherever they appear. The copyright must at all times be clearly visible, and legible.

No images may be cropped altered, adjusted, or changed in any way.

If commercial usage rights are requested a separate contract must be created before usage of images are allowed.

A commercial contract would also apply against third parties who may wish to use the images, at event fairs, on websites, etc.

The Photographer may use all images and created works for the purposes of self promotion, advertising, in print or social media, in collage or in derivative works.

If the client requests exclusivity, a non commercial privacy hold on the images, a separate contract must be arranged.

Preproduction, Production and Postproduction

Great detail will be paid to all creative aspects of the photo assignment, both before during and after the shoot. None the less photo assignments are dynamic events and photo creation is always subject to the tastes and style of the Photographer. There can never be a %100 guarantee that every image desired by the customer will be created or that every image will match the wishes of the Client, even though we strive for the highest artistic integrity.

This does not mean there is a flaw or an error in the image making/creative process. Delivered images will always be in excellent creative taste and therefore criticisms against creative choice or license will not entertained. If the Client desires a specific set up these things can be restaged or reshot at another time and require a separate contract.

Image selection, treatment, and delivery are all fulfilled by the Photographer. In most cases skilled retouching tools are used and each image is treated individually. Image manipulation or images desired for large fine art print printing always require more time and often include test printing. This process can take up significant time and resources and so it is advisable to talk to your photographer before making an investment.

Archive storage and back up of images is at the discretion of the Photographer and the Photographer is under no obligation to keep or promise a permanent record of images.

In any event if for any reason you loose your images, reacquiring images also involves a separate fee.

We do not sell or offer RAW images to clients.

The Photographer is free to commission 3rd parties where it is deemed necessary at any point in the pre production, production or post production process.

"Rush services" are not considered unless there is a separate contract is agreed.

Expendables and Shipping Costs

Some expenses are billed separately from the photo assignment. Although this is not an exhaustive list, some billable items include, distant travel, overnight stay, parking, meals, rental of props or renting additional lighting equipment, backgrounds, stands, batteries etc. These items will always be explained and written down within the scope of the photo assignment contract.

Shipping costs are born by the customer.

Liability

The Photographer cannot be held liable for delay or failure to perform except where gross negligence or intentional conduct is the cause.

It is the responsibility of the Client to ensure that all persons and all locations may be recorded and photographed so no claims may arise against the Photographer.

Therefore the contracting party is responsible for obtaining any necessary permissions in written form so that the people who appear in the images, the event locations and the works of other third party vendors may be used without issue.

The contracting party (the Client) shall indemnify and hold the photographer harmless in this regard.

In the event of loss or damage to photographs (be they slides, negatives, film stock, digital image files), the Photographer is liable - regardless of the legal basis - only for intent and gross negligence. Liability is limited to his own fault and that of his employees; for third parties (laboratories, etc.) the photographer is only liable for intent and gross negligence

in the selection. Any liability is limited to the cost of materials and the free repetition of the photos (where and when that is possible). The client is not entitled to any further claims; in particular, the photographer is not liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other shooting personnel)

or for lost profits, consequential and immaterial damages. Claims for damages in cases of slight negligence are excluded.

Force majeure: If an extraordinary event directly prevents one or both parties from performing like a natural disaster (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy). In this event no claim can be made against the Photographer.

Claims against the Photographer cannot arise for the actions of third parties, subcontractors or suppliers who provide their own services.

The delivery dates for photos are only binding if they have been expressly confirmed by the contractor in the contract. The Photographer is only liable for exceeding deadlines in the event of intent or gross negligence.

Complaints must be received within 14 days of delivery of the images. After 14 days it is deemed that the images have been delivered satisfactorily.

Limitation of Liability - In the unlikely event of total photographic failure or termination of this Agreement by either party or under any other circumstances, the liability of either party to the other shall be limited to the total value of the Agreement. Neither party shall be liable for any indirect or consequential damages.

Cancelation or Postponement

If the photo session is cancelled the deposit paid by the customer is in all situations non refundable. In some cases, if the photo assignment date needs to be changed and it can be accommodated by the photographer, the photo session can be postponed and rescheduled within 4 months. The Photographer cannot guarantee a rescheduling is possible. If the photo assignment is cancelled within one month of the photo assignment date, the customer agrees to pay %75 of the total photo assignment fee.

Data Protection

Before, during and after the course of the photo assignment some personal information from the customer is acquired and saved so that the fulfilment of the contract can be successfully completed. The Photographer agrees not to share this information with 3rd parties.

Legality

In case of disagreement Canadian law applies throughout with the exception of international deliveries. Only written signed contracts are considered during disputes. Any oral discussions are not considered or valid.