Terms and Conditions of Service
Hello and thank you for considering Sasha G. Photography for capturing your precious moments! We’re excited about the possibility of working together. Below, you’ll find an easy-to-navigate outline of our Terms and Conditions, ensuring we’re all on the same page. By booking with us you will be agreeing to the following terms:
Agreement of Services
This agreement is a legally binding contract between the Client, and Sasha G. Photography the "Provider", or "Designer" referred to collectively as the "Parties." The Client acknowledges that by accepting and agreeing to services provided by Sasha G. Photography, you have reviewed, understood, and agreed to the terms and conditions laid out in this document.
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Photography Agreement
Services
Sasha G. Photography will provide "Services" and associated deliverables outlined in communications (i.e. emails, text messages, etc.) and client portals utilized by Sasha G. Photography.
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Location of Services
The location where all "Services" rendered will be agreed upon by the "Parties" through email and client portal communications. All addtional locations included may be subject to additional cost.
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Delivery of "Services" and Deliverables
Sasha G. Photography will provide all "Services" and deliverables in two to three weeks from project completion unless otherwise specified within communications between the "Parties" or within a revised signed invoice or service agreement. When the provided "Services" are tied to the number of guests that "Client" expects to attend Client's wedding or other specified event, "Client" agrees to notify "Provider" with an accurate guest count.
Cost, Fees, and Payment
The total cost ("Total Cost") for all "Services" will be due in full by the final payment date specified in the provided Invoice for "Services" to be provided.
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Client shall pay the Total Cost to Provider as follows:
The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients during any conflicting period or time.
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Final payment will be paid to the "Provider" by the final payment date. Late payments may be subject to a late fee or additional fee specified in "FAQs".
Exclusivity
"Client" understands and agrees that he, she, or they has hired the "Provider" exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that "Provider" hires to complete the "Services" outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Intellectual Property
Copyright Ownership. If any copyrighted work(s) are created as a result of the Services provided by Provider under this Agreement, the Provider owns all copyrights in any and all work(s) it, he, she, or they creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of the "Provider" (Sasha G. Photography)'s business.
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Permitted Uses of Product(s). The Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:
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In photos on Client’s personal social media pages or profiles; or
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In personal creations, such as a scrapbook or personal gift; or
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In personal communications, such as a family newsletter or email, or holiday card.
Artistic Release
Style. By agreeing to services provided by Sasha G. Photography the "Client" understands that the work provided will be in the presented artistic style and manner consistant with previous works presented to the public through available channels.
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Consistency. Sasha G. Photography will make reasonable efforts to ensure the "Client's" desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by the "Client", as long as it does not alter the consitantcy of the final image. However, Client understands and agrees that:
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Every client and wedding is different, with different tastes, budgets, and needs;
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Photography Services are often a subjective art and the photographer has a unique vision, with an ever-evolving style and technique;
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Sasha G. Photography will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
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Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;
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Dissatisfaction with the photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Cancellation, Rescheduling, and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If the Client desires to cancel Services, reschedule Services, or if it becomes impossible for Sasha G. Photography to render Services due to the fault or absence of the "Client" or parties related to the "Client", such as failure of the "Client" to sufficiently notify Sasha G. Photography or failure of one or more essential parties to the project or session to show up in a timely manner, the "Client" shall provide notice to the "Provider" as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the project, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Provider is able to secure another, unrelated client for the agreed upon date of Services to be rendered, then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Failure to Perfom Services
Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
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Immediately give Notice to Client via communications agreed upon detailed in this Agreement or written communications; and
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Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
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If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Sasha G. Photography will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
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Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct/ Safe Working Environment
Project. The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full.
Non Project. The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Provider] staff, [Provider] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Provider] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Provider] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Provider’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Provider] resumes work detailed in this Agreement.
Health & Safety. Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, [Provider] will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, [Provider] reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.
Amendments
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice. and make sure to add any relevant details or information that you want to share with your visitors.
Services
Sasha G. Photography may provide the Client with one or more of the following services and/or products ("Services"):
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Web Design: Creation and design of websites, including layout, user interface, and user experience aspects tailored to the Client’s specifications. This includes responsiveness and compatibility across different devices and browsers.
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Brand Identity: Developing a cohesive visual identity for the Client's brand, which may include defining color schemes, typography, and overall visual style that reflects the Client’s corporate culture and objectives.
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Branding Services: Crafting a comprehensive branding strategy that encompasses various elements beyond visual design, such as brand voice, key messaging, and market positioning to enhance the Client’s presence in their respective industry.
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Logo Design: Designing a unique logo as a visual representation of the Client's brand, tailored to convey the essence of the business in a visually appealing and memorable manner.
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Graphic Design: Providing a range of graphic design services including but not limited to the creation of business cards, letterheads, brochures, banners, and promotional materials.
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Digital Content Creation: Designing digital content such as infographics, social media graphics, email templates, and other marketing materials that align with the Client’s digital marketing strategies.
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Consultation Services: Offering expert advice and insights on various aspects of design and branding to help the Client make informed decisions that align with their business goals.
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Revisions and Updates: Providing a predetermined number of revisions and updates to design drafts based on the Client’s feedback to ensure complete satisfaction with the final product.
Cost, Fees, and Payment
The total cost ("Total Cost") for all "Services" will be due in full by the final payment date specified in the provided Invoice for "Services" to be provided.
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For more information please see the above Cost, Fees, and Payment section.
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Final payment will be paid to the "Provider" by the final payment date. Late payments may be subject to a late fee or additional fee specified in "FAQs".
Exclusivity
See Exclusivity.
Intellectual Property
Copyright Ownership. If any copyrighted work(s) are created as a result of the Services provided by Provider under this Agreement, the Provider owns all copyrights in any and all work(s) it, he, she, or they creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of the "Provider" (Sasha G. Photography)'s business.
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Permitted Uses of Product(s). Designer grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Designer with attribution each time Client uses Designer's property. Personal use includes, but is not limited to, use within the following contexts:
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Client may not copy, duplicate, distribute, republish, or incorporate the Deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the Project.
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Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Designer. The Client agrees that such proprietary material is solely for Client’s own personal use.
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Any disclosure to a third party, copying or republishing any portion of the Deliverable or its contents is strictly prohibited and constitutes infringement.
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The rights granted to Client are for usage of the Final Art in its original form only. Client’s use of the Final Art at any other time or location, or for another project or outside the scope of the rights specifically granted herein shall require an additional fee and Designer shall be entitled to further compensation equal to percent (100%) of the original Contract Price, unless otherwise agreed in writing by both parties. In the event of non-payment, Designer shall be entitled to pursue all remedies under law and equity.
Artistic Release
"Client" has spent a satisfactory amount of time reviewing Designer's work and has a reasonable expectation that Designer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
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Consistency.
Sasha G. Photography will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Sasha G. Photography will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
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Every client is different, with different tastes, budgets, and needs;
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Design services are often a subjective art and Designer has a unique vision, with an ever-evolving style and technique;
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Sasha G. Photography will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
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Although Sasha G. Photography will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Designer shall have final say regarding the aesthetic judgment and artistic quality of the Services.
Changes
Changes. Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at Designer’s standard hourly of per hour, or in an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadline as required by such Changes.
Impossibilty
Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within seven (7) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of seven (7) days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
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Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
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Immediately give Notice to Client via communications agreed upon detailed in this Agreement or written communications; and
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Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
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If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Sasha G. Photography will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
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Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct/ Safe Working Environment
Project. The Client(s) expressly agree(s) to take best efforts to provide Sasha G. Photography and staff with safe and appropriate working conditions. In the event of circumstances deemed by either Sasha G. Photography or a bystander to present a threat or implied threat of injury or harm to Sasha G. Photography staff or equipment, the Designer reserves the right to cancel all services remaining under this Agreement and leave the location/project. At the Designer’s discretion, the Designer may enact a three-strike policy. After the first offense, the Designer will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Sasha G. Photography shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, the Designer will immediately leave the location/project. If the Designer leaves the location/project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Sasha G. Photography harmless as a result of incomplete project coverage, or for a lapse in the quality of the Designer's work, and the Client(s) shall be responsible for payment in full.
Non Project. The Client(s) expressly agree(s) to take best efforts to provide Sasha G. Photography and Sasha G. Photography's staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Sasha G. Photography staff, Sasha G. Photography will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Sasha G. Photography shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Sasha G. Photography harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Designer's work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Sasha G. Photography resumes work detailed in this Agreement.
Health & Safety. Client(s) further understand that Sasha G. Photography complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the project Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Designer to do anything illegal or unsafe. Further, Sasha G. Photography will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Sasha G. Photography reserves the right to end service coverage immediately and/or leave the location/project. Sasha G. Photography shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Designer harmless as a result of incomplete project coverage, or for a lapse in the quality of the Designer's work.
Amendments
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice. and make sure to add any relevant details or information that you want to share with your visitors.
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Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
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Email
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Writen Notice
Merger
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.