Terms & Conditions
1. EXCLUSIVE STILL PHOTOGRAPHER AND AUTHORITY. Captured Radiance Photography/Duane Fink, herein referred to as “Photographer”, shall be the exclusive still-photographer retained by the Client for the purpose of photographing the event contracted. Photographer shall have priority over any other type of photographer or videographer employed in connection with this event in positioning of cameras and equipment. Client understands that a videographer's equipment placement may hinder the accessibility and performance of Photographer's coverage. Family and friends of the client shall be permitted to photograph the event as long as they do not interfere with the Photographer's duties.
2. DEPOSIT & PAYMENT. Deposit by this definition is: a reservation of a date and is considered a “non-refundable retainer.” Upon signature and receipt of deposit, photographer reserves the date agreed upon, and will not make other reservations for that date. For this reason, all deposits are a “non-refundable retainer”, even if date is changed or photography is cancelled for any reason. Client shall make a non-refundable and non-exchangeable down payment to retain the Photographer to perform the services specified herein. The down payment amount for events shall be (See Agreement for Photographic Services). The down payment amount for portraits shall be fifty percent (50%) of the total estimated cost or as otherwise negotiated. The down payment shall be applied to reduce the balance, which the Client shall pay no later than two (2) weeks prior to the event date. If the Client refuses to pay the remaining balance, the Photographer will not perform the services contracted and no down payment will be refunded to the Client. All future invoices for travel, additional services, shipping, and display services will be contracted and billed separately from this contract. If any future invoices are not paid within ten (10) days from the date of the invoice, all past due accounts will be assessed a finance charge of two percent (2%) per month (24% annual rate) interest upon unpaid balances. No further services will be rendered until the situation is corrected. If collection action becomes necessary to recover monies contracted for any future orders, Captured Radiance Photography may add collection, legal, and court costs to the unpaid balance. Any additional costs including but not limited to additional coverage, travel fees, film, shipping, additional services hired, or any other incidental charges are due prior to receiving proofs.
3. TRAVEL. Captured Radiance Photography/Duane Fink will make all travel reservations. Travel arrangements will be made for the Photographer and one assistant. Any fees for airfare, hotel, car rental, or other reservations requiring a deposit will be due and payable prior to Photographer making reservations. Travel fees may include but are not limited to the following: parking, taxi fares, mileage fee, and daily fee while away from studio, hotel expenses, car rental expenses, and round-trip airfare. In-state travel fees may include but are not limited to the following: parking, taxi fares, mileage fee, daily fee while away from studio, and hotel expenses.
4. CANCELLATION. If the Studio/Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Contract. 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. If the Client cancels this Contract at any point in time after both parties have signed the Contract the deposit is non-refundable and non-exchangeable. All monies paid to the Photographer including but not limited to display services and travel are non-refundable and non-exchangeable.
5. FEE SCHEDULE. The Photographer warrants that all prices quoted for display services to include photographic prints, albums, and boxes are guaranteed for a period of three (3) months following the date of the service. After this three- (3) month period, all prices for all orders are subject to change without notice.
6. SPECIFIC COVERAGE. Client shall furnish the Photographer with a list of any persons, groups, or occurrences specifically desired to be photographed, if any, at least two (2) weeks prior to event date. Every effort will be made in documenting the requested images; however, the Photographer makes no guarantee that every requested image will be captured. All photographs taken by the Photographer will be made in his/her professional discretion.
7. LIMIT OF LIABILITY. All measure will be taken to ensure that each photo shoot will be handled with the utmost care and professionalism. The Client understands that the occasional mistakes or accidents can occur even with professional goods and services. The Photographer will do everything in his or her power to prevent accidents with equipment and proof images from this event. Photographer makes no guarantee against theft, loss, accidents, Acts of God, negligence, damage, or failure to deliver proofs, or prints, for any reason whatsoever. In no case shall the photographer be held liable for a sum greater than the face value of this contract.
8. CD’s & PROOFS. Proof images (if included) will be ready within 6 weeks after the event date. Proof portfolio is the Client's copy to keep. All digital image files created in connection with this contract are the exclusive property of Captured Radiance Photography/Duane Fink.
9. DISPLAY ORDERS. Orders for photographic prints, frames, greeting cards, albums, and boxes must be received on Captured Radiance Photography order forms. There are no guarantees on orders placed without order forms. The Client’s input is very important and the Client is encouraged to participate in the design process. Photographic prints, frames, and greeting cards generally take 2-4 weeks to complete. Albums and Boxes generally take 3-6 weeks to complete. Christmas Holiday order deadlines are as follows: August 1st for final displays (portfolio, frame, and album collections) and larger print orders (more than 10 prints) and October 15th for smaller (less than 10) print, frame, and greeting card orders. Rush service is available on all items for an additional fee.
10. COPYRIGHTS AND REPRODUCTION USAGE. Captured Radiance Photography/Duane Fink shall own the copyright of all images created in connection to this Contract and shall have exclusive rights to make reproductions. The Photographer shall make reproductions for the Client, friends, families or for the Photographer's portfolio, web site display, samples, advertising, any self-promotion medium, entry in contests, art exhibitions, editorial use, or display within or on the outside of the studio. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the photographer. Client must obtain written permission from the Photographer for reproductions of any kind.
11. MODEL RELEASE: The CLIENT(s) hereby grants to Captured Radiance Photography, its legal representatives and assignees, the irrevocable and unrestricted right to use and publish photographs of the CLIENT(s) or in which the CLIENT(s) may be included, for editorial, trade, advertising and any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENT(s) hereby releases Captured Radiance Photography and its legal representatives and assigns from all claims and liability relating to said photographs. I (we) hereby give Duane K. Fink, DBA Captured Radiance Photography the absolute right and permission to publish, copyright and use pictures of my (our) wedding as described in our contract in which any portion of my (our) wedding may be included in whole or in part, composite or retouched in character or form.
12. CONFIRMATION OF SERVICES AND TIMES: It is the responsibility of the person in charge of the event to contact Captured Radiance Photography during the week of the event to confirm the plans and/or requirements.
WE NOW ARE SERVING AND HAVE OFFICES IN CHADRON, NE AS WELL AS IN THE BLACK HILLS OF SOUTH DAKOTA