Terms & Conditions

Terms and Conditions

  1. Tom-szabo.com, Tom Szabo and Contracted Photographers will be referred to as “Photographer” for the purpose of these Terms and Conditions.  The company or persons contracting for services will be referred to as “Client” for the purpose of these Terms and Conditions.
  2. Exclusive Photographer.
    The Photographer shall be the exclusive professional photographer retained by the Client for the purpose of photographing the event. Family and friends of the Client are encouraged to photograph the event as long as they do not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.  If interference happens the contracted photographer will notify the designated representative on site to handle the situation, up to and including removal of the offending party(s) from the event location.
  3. Deposit and Payment.
    The Client shall make a deposit to retain the Photographer to perform the services specified herein. The deposit may be a personal or business check. The remaining balance is due upon receipt of deliverable as specified in this contract.
  4. For orders or contracts where the Total Order Amount is $100.00 or less, the deposit shall be equal to the amount of the entire order.
  5. In lieu of a signed contract, any deposit or payment in any form shall indicate acceptance of the entire contract including all Terms and Conditions.
  6. Cancellation: If the Client shall cancel this Agreement, the Client forfeits the deposit and no refund of the deposit is possible.
  7. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, digital files (including but not limited to RAW, Tiff, JPEG), and previews shall be the exclusive property of the Photographer.
  8. Copyright and Reproductions. The Photographer shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. Only the Photographer shall make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or outside of the Photographer’s studio, including printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer desires to make other uses, the Photographer may do so without oral or written permission of the Client.
  9. Image Editing and Manipulation. No physical or digital image alteration, color or exposure adjustment, distortion, collage, montages or other image editing is permitted by the client.  Client may crop image(s) to fit text, electronic or digital display purposes.
  10. Image Duplication. No image in print or digital format may be copied, duplicated, converted to digital format or other copy/duplication means.
  11. Portrait and Wedding Client’s Usage.
    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. If Client is obtaining a prints for newspaper announcement of the wedding, event or professional announcement, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so. Where digital files are made available, ALL digital images files will be identified to minimize the risk of theft.  Identification will be made in the form of a watermark containing image copyright information and studio web site url www.tom-szabo.com.
  12. Commercial Client’s Usage.The client is granted unlimited and non-exclusive right to use purchased images for internal communication, proposals to customers, literature, displays, letterhead, business cards, newsletters, client owned publications, electronic communications, client’s web site, weblog (blog), social media site and images used in the manner listed above are limited to 8.5 X 11 inch in size.  Digital image files may be duplicated for the purpose of file back up or loss prevention.  Digital files may not be used for, or reproduced as photographic prints.  No 3rd party use of images is permitted.  Client use of images must follow Credit Line guidelines contained in these Terms And Conditions. ALL digital images files will be identified to minimize the risk of theft.  Identification will be made in the form of a watermark containing image copyright information and studio web site url www.tom-szabo.com.
  13. Any use outside those listed above must be approved by the photographer and may involve additional licensing fee(s).
  14. Copyright Protection/Credit Line. For Editorial use, credit line in the form of Copyright “© (Year) Tom Szabo” must appear adjacent to or within the photograph(s) or at minimum fee is tripled. For Non-Editorial use, Client will provide copyright protection by placing proper copyright notice on any use. Proper notice should be in the form of “© (Year), Tom Szabo” adjacent to or within the photograph(s).
  15. Indemnification. You agree to hold Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees arising from the use of an Image(s) or any breech of this agreement. Client agrees not to use any image(s) for any unlawful purpose, to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.
  16. Failure to Perform.
    If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of nature, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. 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. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
  17. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait.
  18. Photographer. The Photographer may substitute another photographer to take the photographs only in the event of Photographer’s illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
  19. Inherent Qualities.
    Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is also aware that Photographer is not responsible for the quality of reprints made by the client.
  20. Photographer’s Standard Price List.
    The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
  21. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for any dollar amount.
  22. Arbitration. All disputes arising under this Agreement shall be arbitrated in Painesville, Ohio under rules of the American Arbitration Association and the laws of Ohio. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $1,000.00 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable legal fees and expenses, and legal interest on any award or judgment in favor of the photographer.
  23. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.
  24. Reshoots. Client will be charged 100 percent fee and expenses for any required reshoot requested by the client, and be subject to all the terms and conditions of the Assignment Photography Contract (available on request).
  25. Terms and Conditions. The terms and conditions of this contract supersede any and all expressed or implied terms and conditions of client’s purchase order, voucher or check (payment). Any exceptions of terms and conditions must be negotiated and stated herein as amendment(s). Client’s signature constitutes binding contract.

NOTE TO SENIORS:

Mentor High School requires a wallet size photo submitted for inclusion in your yearbook.

Effective school year 2008/2009 Riverside High School requirements include two 2” X 2-1/2” color prints.  Background should be plain or light in color, sharp images, no soft focus, no special effects, no hats and arms should not be exposed.

This price list is subject to change without notice.

Price List Effective: August 17, 2016