Terms of service for photo bookings.
1. Photo Release.
AC DeMarco Studio is granted the irrevocable and unrestricted right to use and publish photographs and/or videos taken during the session by them for the following purposes:
Promotional and Marketing Materials: Including but not limited to brochures, flyers, posters, business cards, banners, advertisements, and other promotional materials.
Online and Social Media: Including but not limited to websites, blogs, social media platforms (e.g., Facebook, Instagram, Twitter), and online portfolios.
Editorial and Educational Use: Including but not limited to articles, blogs, tutorials, workshops, and educational materials related to photography.
The client understands and agrees to the following:
Ownership: The client acknowledges that AC DeMarco Studio is the sole owner of the photographs/videos and any associated intellectual property rights.
No Compensation: The client hereby waives any right to inspect or approve the finished photographs/videos or any text or materials used in conjunction with them. The client understands that the client will not receive any financial compensation for the use of these photographs/videos.
Privacy and Release: The client waives any right to royalties or other compensation arising from or related to the use of the photographs/videos. The client releases AC DeMarco Studio, its photographers, employees, contractors, and representatives from any claims, damages, or liabilities that may arise from the use of the photographs/videos, including but not limited to any claims for defamation, invasion of privacy, or violation of any moral or artist rights.
Social Media Use: The client understands that AC DeMarco Studio may share the photographs/videos on social media platforms and grants permission for such use. The client acknowledges that once the images are shared on social media, they may be subject to further sharing and distribution by others beyond AC DeMarco Studio's control.
Revocation: The client understands that the client may revoke this permission in writing at any time, except to the extent that AC DeMarco Studio has already acted upon it. The client understands that revoking this permission may not remove the photographs/videos from previously published materials, but it will prevent future use.
2. Payment.
The client understands and agrees to the following:
Deposit and Booking: To secure the photography services, a non-refundable deposit of $40 USD is required upon booking. The date and time of the photography session will be reserved only upon receipt and clearance of this deposit.
Balance Due: The remaining balance for the photography services is due by the client upon receipt of final invoice, unless otherwise specified in writing by AC DeMarco Studio.
Late Payment: If the full payment is not received by the client by the agreed-upon due date, a late payment fee of 25% of the outstanding balance may be applied for each week the payment is overdue.
Collection of Unpaid Amounts: In the event of non-payment or late payment, AC DeMarco Studio reserves the right to take the following actions:
4a. Reminders: AC DeMarco Studio may send reminders and notices to the client regarding the outstanding balance to the client's provided contact information.
4b. Additional Charges: The client may be responsible for covering any additional costs incurred in the process of collecting the outstanding amount, including but not limited to legal fees and court costs.
4c. Withholding Deliverables: If the outstanding balance remains unpaid by the client after 30 days from the due date, AC DeMarco Studio reserves the right to withhold the delivery of any finalized photographs, prints, or other products until the payment is made in full.
4d. Seeking Legal Action: In cases where payment remains outstanding for an extended period despite attempts to resolve the matter amicably, AC DeMarco Studio reserves the right to pursue legal action to recover the owed amount.
Cancellation Due to Non-Payment: If the client fails to make the required payment as outlined in this agreement, AC DeMarco Studio may, at its sole discretion, refuse any further bookings, revoke client access to proofs, or make notice to the larger artist community about unpaid fees without any liability or obligation.
Refunds: If the client cancels within 48 hours of the agreed-upon shoot date and time, AC DeMarco Studio will reserve the right to keep the deposit to use towards a later date. If the client cancels later than 48 hours before the shoot, the client forfeits their deposit in full.