Contract/Terms of Service/Refund Policy
This agreement is between SunfirePhotoPlus.com/Kelly Kirkpatrick-Creamer of 62 N. Oak Street, London, OH 43140, (Photographer), and (Client Name/Address) for the purpose of providing photography services as described herein.
1. Scope of Work:
SunfirePhotoPlus.com/Kelly Kirkpatrick-Creamer shall provide photography services for Client(s) consisting of:
(itemized listing of services being provided)
Services are provided to the highest standard of quality, and to that which has been agreed upon with the signing of this contract with (Client).
Projects are completed within specified time-frame agreed upon between SunfirePhotoPlus.com and (Client). Exception: Only if extension is agreed upon between service provider and client (i.e. creative changes in project, or any unexpected and unavoidable circumstances).
Photographer shall provide photography services described above for the estimated fee agreed upon by SunfirePhotoPlus.com and (Client), The deposit is 20% of total estimated cost of project and is due at time project is to begin. All services are custom priced and agreed upon. For more information on pricing contact us at firstname.lastname@example.org or give us a call at 614.216.2421.
*An itemized list of expenses/all fees are provided automatically on the client invoice which we will provide the client at time of the finalization of transaction, and can be requested at any time. Simply email email@example.com with your request.
3.Payment & Refund Policy
SunfirePhotoPlus.com prides itself on the quality of our work and the ability to meet your budget. A variety of packages are available. Payments are invoiced separately as two recurring billings. The first invoice is for the deposit required to begin the project; a second invoice will be due for the remaining amount of the total cost of the project upon completion.
* Should the client request additional props or materials for the project/shoot which are not already being supplied by photographer, an itemized list of those additional expenses will be proposed to and agreed upon by the client in writing before project begins. Expenses for additional props/Travel & Accommodation Expenses are included in the deposit.
Payments can be made through the invoice/payment link provided to customer. Options include a secure transaction made using PayPal, or by using any of the following accepted Credit/Debit Cards: Visa, MasterCard. *Payment cannot be accepted over the phone. Checks are also accepted, there is a $50 recovery fee for any returned checks. *Cash is always accepted.
Guarantee on Prints: SunfirePhotoPlus backs its work . If you are not satisfied with the final product resulting from product being damaged from shipping, we will re-create the project and reship at no additional cost to the client.
4.Delivery of Services
Client is provided with login information where they can log onto a private gallery and review their proofs. Proofs are posted within 5 business days of shoot. Client will then select the photos they wish to purchase and then we will proceed with processing. Original photos are held for 60 days after completion.
Final copies of photographs are copied to disk or flash drive at the customer’s preference. This is included in our service packages at no extra cost to the client.
*All clients must sign a release form which can be obtained on www.sunfirephotoplus.com prior to start of project. While SunfirePhotoPlus.com maintains legal rights to all our photos, a signed release is provided to the customer as well to enable printing for personal use only. Proofs are not available for commercial use without a signed consent from SunfirePhotoPlus.com/Kelly Kirkpatrick.
5. Additional Expenses:
The following charges will apply in the event of shipping and or travel.
*Shipping: Free Shipping for orders over $100
Orders are shipped using United States Postal Service/Rates unless Express Shipping option is selected.
*Travel outside a 20 mi radius and up to 3hours distance outside of London, OH is an additional $.50 per mile. Expenses for travel required outside a 3 hour range of London, OH 43140, will include cost for alternate transportation (including but not limited to flight & bags/rental car/cab service) and necessary accommodations.
(Client) shall indemnify and hold harmless SunfirePhotoPlus.com/Kelly Kirkpatrick-Creamer from any loss, damage or liability resulting from (Client) violation of the terms of this Agreement or any agreement involving (Client) and SunfirePhotoPlus.com/Kelly Kirkpatrick-Creamer . (Client) shall indemnify SunfirePhotoPlus.com/Kelly Kirkpatrick-Creamer and hold her harmless from and against any claim by any other person or entity resulting from the performance of our services under this agreement.
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Ohio. The arbitration shall be binding on the parties and the arbitration award may be confirmed by any court of competent jurisdiction.
8. Assignability and Parties of Interest:
Except as otherwise provided herein, the terms and conditions of this Agreement shall insure to the benefit of and be binding upon the respective successors and assigns of the parties. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
9. Independent Contractors:
In providing services pursuant to this Agreement, the Parties shall be independent contractors, and no party to this Agreement shall make any representations or statements indicating or suggesting that any joint venture, partnership, or other such relationship exists between any of the parties except as set forth herein.
10. Entire Agreement:
This Agreement constitutes a single integrated contract expressing the entire agreement of (Client) and SunfirePhotoPlus.com with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
11. Amendment and Waiver:
This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party. Except as expressly provided in this Agreement, no course of dealing between the parties hereto and no delay in exercising any right, power or remedy conferred hereby or now or hereafter existing at law, in equity, by statute or otherwise, shall operate as a waiver of, or otherwise prejudice, any such rights, power or remedy.
This Agreement may be executed in counterparts. The execution of a signature page of this Agreement shall constitute the execution of the Agreement, and the Agreement shall be binding on each party upon the date of signature, if each party executes such counterpart.
If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
14. Clause Headings:
The clause headings in the Agreement are for reference only and do not form a part of this Agreement.