By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This agreement contains the entire understanding between the Clients and the LiteWorkPhoto/ConceptWorks Multimedia.
Payment of the booking fee are necessary to confirm the stated services from LiteWorkPhoto/ConceptWorks Multimedia.
The Clients grant the photographer/videographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction.
Booking and Rescheduling
The 50% booking deposit, required of all sessions, is non-refundable, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
The non-refundable booking/retainer fee is due in order to lock in clients specified date. (Booking Fee is 50%), with the balance of the amount agreed due at the time of the session.
The balance covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and specified image quantities to be downloaded by client from LiteWorkPhoto/ConceptWorks. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.
This acknowledges receipt by the seller of the amount shown as a non-refundable deposit by the client to a purchase of services listed in this invoice. Client understands that if he/she does not complete this purchase by the due date listed that he/she will forfeit this deposit to the seller.
Both the Clients and the photographer/videographer agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the Event does not run on time (for example, extreme lateness by one of the Clients arriving to the venue) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.
Failure to Perform:
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, 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.
Permits and or Fees:
It is the responsibility of the client to obtain permits and assume the costs of permits required for the purpose of photography in restricted areas, both public and private. Permits and or permission for photography in both public and private settings must be furnished to the photographer no later than 7 days prior to the event date. No refunds will be given for failure to obtain permits and or permission for the photographer/videographer to work in restricted areas. Furthermore, no photography or related work will be performed in any manner that violates laws, or regulations that govern areas that photographic work is requested.
Note the photographer/videographer are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
LiteWorkPhoto/ConceptWorks reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing LiteWorkPhoto/ConceptWorks experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
Sole Photographer During Session:
During your photography session with LiteWorkPhoto, the Photographer will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session.
Proofs and Ordering:
Your portraits will be available on LiteWorkPhoto/ConceptWorks website, in a gallery to view and proof prior to ordering prints/edits. Final edited proofs will be available 5 to 7 business days after the client selects proofs. Proofs will be available 3-5 business days after the session in a password-protected gallery. The gallery will be avialiable for 30 days and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $40 will be incurred. Upon receipt of the unarchiving fee your gallery will be live for 14 days.
The copyright of photographs remains with the photographer/videographer. The photographer/videographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the photographer/videographer.
High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner (“Owner”) of the copyrighted photograph or video being purchased (the “Work”), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
LiteWorkPhoto/ConceptWorks reserves the right to edit and release only the images that are deemed creditable as professional in quality and within LiteWorkPhoto/ConceptWorks standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. LiteWorkPhoto/ConceptWorks does not change any inherent qualities of a person, as it is considered a “cosmetic edit” and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: high-end skin retouching, removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos. Once again, edits are solely made by LiteWorkPhoto/ConceptWorks, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Facebook Sharing and Other Social Media:
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that LiteWorkPhoto/ConceptWorks is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images LiteWorkPhoto/ConceptWorks has uploaded to Facebook or his website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to LiteWorkPhoto/ConceptWorks Facebook, Instagram, or other social media page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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 States of Texas.
The Photographer/Videographer: Fredrick Burnom, LiteWorkPhoto, ConceptWorks Multimedia
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Fredrick Burnom, LiteWorkPhoto, ConceptWorks Multimedia holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Fredrick Burnom, LiteWorkPhoto, ConceptWorks Multimedia logo, watermark, or proof stamp.