Terms & Conditions

(A PDF copy of these Terms & Conditions can be retrieved here)

Definitions

i. Agreement to the following terms & conditions is between Elijah Nailor (“the Photographer”) trading as

Allagash Photography and You (“the Client”) filing this contract.

ii. These terms & conditions cannot be varied in any way by the Client unless such conditions are explicitly

agreed upon by the Photographer in writing at least two weeks prior to the event.

i. The copyright Designs and Patents Act provides the Photographer the rights to their work and all

methods of use and distribution.

ii. The Photographer is the sole owner of all media produced under this contract, including all digital

negatives (RAW Files), images, image edits and their corresponding files, video, and audio files.

Image Display

i. By agreeing to these terms and conditions, the Client hereby grants the Photographer all rights to

display any photographs covered by this contract for use with advertising, social media, websites, sample

albums, etc.

Confidentiality

i. The Photographer will not disclose any information to any third parties, including any rights or

privileges to media of any kind, names, locations, etc. relating in any way to the Client and/or the event.

ii. The Photographer shall take necessary steps to ensure confidentiality of client information, such as

payment methods, addresses, discussions, etc. although they are not responsible for breaches of thirdparty interactions.

Creative license and Reproduction

i. Photographs taken during event are in accordance with the Photographer’s judgement, although the

needs and expectations of the Client are to be considered as often and as closely as possible.

ii. Client requests are not binding to this contract, although the Photographer will take effort in capturing

client-requested photographs. The Photographer cannot guarantee that any specific requests will be

fulfilled due to changing weather conditions, lighting, and availability/willingness of certain subjects.

Post-Production and Retouching

i. The photographs throughout an album are subject to varying light, color, focus, etc. due to changing

conditions and equipment limitations.

ii. The Photographer will do a basic post-production quality check of all photos, which includes minor

histogram level adjustments where applicable under the discretion of the Photographer.

iii. Most photos are eligible for additional post-process editing, such as specialized color enhancement,

filters, blemish removal, etc. at an additional per-photo cost. The Client may choose any number of

photos produced from the event to be edited.

iv. The cost of additional post-process editing is dependent on the complexity of the request and is at the

full discretion of the Photographer.

Payment

i. Payment by the Client to the Photographer is to be given in full before the event begins. The Client may

submit full payment sooner if desired. Failure to complete full payment prior to the beginning of the event

shall result in the cancelation of appearance by the Photographer.

ii. The Photographer only accepts cash, check or digital payments through Venmo, PayPal, and Square.

Most major cards are accepted. If leveraging check payment, the final payment must be made 10 days

prior to the event.

iii. The Client is responsible for any additional fees that may be applicable when utilizing certain forms of

payment.

Additional Expenses

i. Travel expenses are only applicable to event locations farther than a 15-mile round trip from the

Photographer’s initial location at Auburn, Maine, 04210. A round trip exceeding 15 miles will be charged

at $0.60 cents per mile, beginning at the Photographer’s departure from their initial location and ending at

the Photographer’s return to initial location. This cost will be calculated by the photographer and added to

the overall cost to be paid by the Client.

ii. If the location of the event requires any fees to be paid, such as parking or entrance fees, the Client is

responsible for any payment required for the Photographer to be present at the event.

iii. Additional package add-ons are paid at a per-photo cost after the event during. This includes special

edits, touch-ups, blemish removal, etc. that are available to the Client and can be applied to any photo

from the event.

iv. The Client can request physical prints of most images taken during the event, ranging in sizes small (4

x 6) to large (8.5 x 11), at an additional charge.

Liability and Cancellation

i. In the improbable event that the Photographer needs to cancel their appearance at the event, liability

will be limited to a full refund of all payments made to the Photographer by the Client. The liability shall

be limited to the total current value of the contract.

ii. If the client needs to cancel the event prior to the 24-hours leading up to the event a full refund, minus

the deposit will be made. If the event is cancelled within 24 hours of the event no refund will be given.

The liability shall be limited to the total current value of the contract.

iii. Although the Photographer will take sufficient steps to ensure that all equipment is functioning

correctly prior to the event, in the improbable event of equipment and/or technical failure, liability of the

Photographer is limited to a full refund of any payments made by the Client. This does not include any

booking fees or deposits. The liability shall be limited to the total current value of the contract.

Rescheduling

i. In the event that the client must reschedule the initial event bound to this contract to a future date and/or

time, the client will be responsible for the payment of a $50 rescheduling fee.

ii. The Photographer cannot guarantee their availability to attend the event at rescheduled date. In the

event that the Photographer is unable to attend, no additional fees will be applied and a full refund of any

payments made to the Photographer by the Client will be made, not including booking fees or deposits.

Digital Negative Files

i. All digital negatives (original/raw files) produced by the Photographer are to remain property of the

Photographer.

ii. In the event that any of the digital negatives (original/raw files) are lost or destroyed beyond control of

the Photographer, the Photographer's liability will be limited to a full refund of any payment made to the

Photographer by the client. This applies solely to files not yet received by the Client.

The Day Of

i. During the event, the Photographer shall be the only designated professional photographer, although

photography by guests, such as family and friends, is encouraged.

ii. The Photographer shall be allowed to move freely throughout the venue during the event, although they

will remain mindful of all guests and gatherings thereof in respect to personal space and activities.

Delivery

i. After the completion of post-production, the Client will be able to choose a form of transportation for

the full set of photos. This includes online upload, such as Google Photos, Dropbox, Microsoft OneDrive,

etc., or physical forms such as Flash Drives and writable CD’s.

ii. Physical storage can be chosen at an additional cost depending on the cost of the device and number of

devices desired (limit 10), whereas any digital transportation of photography is done at no cost to the

Client.

iii. All physical storage can be collected by the client by in-person pickup or by shipment through the

United States Postal Service. All shipment costs shall be paid by the Client to the Photographer prior to

shipment.