BOOKING AND CANCELLATION POLICY

BOOKING AND CANCELLATION POLICY

BOOKING A PROJECT WITH PHOTOGRAPHIKA, INC.

  1. Submit your request with your event photography or video production needs.
  2. Upon review of your request,  The Photographika team will either submit a Quote or will request for additional information if needed for accurate creation of the Quote
  3. Once a Quote is submitted back to the client it is up to the client to evaluate it.
  4. Upon Client’s approval of the Quote, the client needs to sign it and e-mail it back to our office along with a completely filled out and signed Credit Card Authorization form for the TOTAL AMOUNT of the project.
  5. To secure the requested dates, crew and equipment a 50% deposit is a required via Credit Card only.  A PROJECT WILL NOT BE CONSIDERED BOOKED IF 50% DEPOSIT IS NOT PROVIDED.
    PHOTOGRAPHIKA, INC, IS NOT OBLIGATED TO PROVIDE SERVICES WITHOUT DEPOSIT UNLESS OTHER ARRANGEMENTS ARE MADE IN WRITING AND THE 50% DEPOSIT WAS RECEIVED IN FULL PRIOR TO THE FIRST (1ST) DAY OF PHOTO SHOOT OR VIDEO PRODUCTION OR BOTH.
  6. Upon final delivery of photos or videos to the client via the selected delivery method or final edited projects the remaining 50% of the balance or adjusted balance will be charged to the provided credit card.  Once images and video are delivered and a final credit card charge is made, the project, photo-shoot or video production are considered complete and Photographika, Inc has no more obligations toward the client for the contracted project.  No photos or videos may be used for any purposes without a final payment upon delivery of the photos or video.  Any use of photos or video without a final payment will be considered copyright infringement.
  7. If the final balance is different that the originally quoted one,  due to additional services requested and provided by Photographika, Inc, the final invoice will be adjusted accordingly and the balance will be charged to the Credit Card Provided immediately after the final delivery of photos or video.

 

CANCELLATIONS

All confirmed jobs via a signature in the Quote, Credit Card Deposit and secured date(s) or via E-mail Conformation for hard booking with a deposit by company check are subject to the following cancellation policy.

  1. 5 days or less – client is liable for 100% of Quoted and Invoiced amount.
  2. 5 to 14 days – client is liable for 50% of Quoted and Invoiced amount,
  3. 14 days + no cancellation fee.

DEPOSIT

The only way to secure the requested project dates and services is via a 50% deposit.  The project will not be considered secured or booked without a deposit.  Photographika has no obligations to provide any services without booking deposit.
The deposit may be secured by:

  1. Credit Card (only) – Completely Fill out Credit Card Authorization form for the Total Amount of the quoted cost of your project.  Upon client’s approval and signature of the Quote and Invoice will be created and a 50% deposit will be charged to the provided credit card.

The Credit Card deposit is NON-Refundable if jobs are cancelled within 7 days of the start date.  If the shoot is canceled in less than 72 hours the remaining balance will be charged to the provided credit card.  If the client books and secures the shoot date(s) with a 50% deposit, but needs to cancel the shoot with a written notice of 7 days or longer, Photographika, Inc. will refund the deposit in full.  Once the job is secured with a deposit it is considered booked and Photographika is obligated to provide the requested services, crew and equipment.

FINAL PAYMENT

The final payment for the provided services is due immediately upon final delivery of the photos or video to the client.  The final payment for the remaining balance will be charged to the provided Credit Card on file.  No photos or videos may be used for any purposes without the final payment, unless other arrangements are made in writing.  If photos or video are delivered and the credit card is declined and photos or video have been used without a final payment, it will be considered copyright infringement.

COPYRIGHT OF IMAGES AND VIDEO CAPTURE

Photographika, Inc is the exclusive copyright owner of every single photo or video frame captured, unless other copyright arrangements are made in writing and in advance.  If the client is looking to become the exclusive copyright owner of the images and or video – a copyright buy out option is available.  Details about US Copyright are provided here.  Photographika, Inc and any and all of it’s employees and contractors provide the photography and video services as in independent contractor to the client – not as work-for-hire!
Basic Copyright guideline published by the PPA (Professional Photographer’s of America)

What is a copyright?
A copyright gives its owner the right to copy, distribute, publicly display or create derivative works from the original work. A copyright also gives its owner the right to license those rights to others.
What else does copyright cover?
The same law that protects photography also protects music, motion pictures, magazines, books, choreography, sculptures and more.
Who owns the copyright?
The photographer does!  However, if the photographer is an employee, the employer owns the copyright.
How long does a copyright last?
The current copyright term is the life of the creator plus 70 years – or, for works “created” by a corporation, 95 years.
My client claims that since they hired our company and our photographer, they own the rights—is that true?
No. Your client is misinterpreting the legal term “work for hire.” Work-for-hire status grants a company the copyright to a work created by one of its employees during the scope of his or her employment. Your clients are hiring you or your company as an independent contractor—not an employee—so the workfor-hire claim does not apply.
How does the photographer transfer a copyright?
In order to be considered valid, a copyright transfer must be made in writing between the photographer or the photography company and person or firm requesting your copyrights.
Does owning the copyright mean I or my company can do anything I want with my images?
No. While you own the copyright to your work, your clients and subjects also have a right to privacy.
Based on that, you should always have a signed model release on file.
If someone gives the photographer or the photography company a photo credit, does that mean they did not infringe?
No. Giving the photographer or the photography company a photo credit has no bearing on whether or not an infringement exists. Absent a written agreement to the contrary,  the photographer and the photography company are the only one permitted to make copies of their work in most circumstances.

USAGE RIGHTS OF PHOTOGRAPHY IMAGES OR VIDEO FOOTAGE

The client is free to use the photography images or video captured according to the agreed upon terms in the Quote and upon payment in full.  The client may NOT use any of the photography images or video delivered, provided on-site or via any digital media,  if a payment in full is not received.   Such usage of images or video without payment in full is infringement on copyrights and will be dealt with legally and according to the copyright law of the United States and International laws.  In cases where the client has requested delivery images or video on-site for Social Media or internal use or any other reasons and a deposit of 50% is received, the client may use the images according to the agreed upon terms, however if a final payment is not received upon the agreed upon terms and images or video are already used, any such use will be considered a copyright infringement.

PURCHASES,  EQUIPMENT RENTALS AND CREW BOOKING ON BEHALF OF THE CLIENT

If Photographika, Inc has inured expanses during the pre-production and the booking of crew, based on conformation of job via e-mail and a check deposit, the client is liable 100% for all incurred costs, expanses and crew rates in full, if a deposit does not arrive in time (prior to the first day of the shoot or production) or the check bounces, unless the client cancels the project in writing longer than 7 days of the 1st day of the scheduled and requested shoot date(s) the client is liable for the entire budget quoted and invoiced.

DELIVERY OF PHOTOS AND VIDEO

All images or video will be delivered via Internet, FTP or Drop Box at no charge to the client.  If the client desires to have the images or video via other means such as Hard Drive and shipping, the client will be charged for the cost oft he hard drive and the cost of shipping.  Normal delivery date of photos is 10 days after the last day of the shoot.  if client desires the photos delivered faster or onsite a rush fee of $100.oo will be added to the final invoice.  All photos prior to their final delivery are fully edited – does not include Rush Deliveries!  All Rush Delivery photos are RAW (unedited).  If a Rush Delivery with editing is required a fee of 0.50 cents will be charged for each edited photo.

VIDEO FILES MAY NOT BE DELIVERED VIA INTERNET! All video files are delivered RAW and unedited on a Hard Drive provided by the client or purchased by Photographika on behalf of the client.  Photographika uses only certified video hard drives for all video files deliveries.  The hard drives used by Photographika are G-Techs.  No post production will be provided unless specifically required, quoted and booked in advance.  All video files are as is, no color correction or any adjustments will be provided unless requested.  All requested services such as post-production or color corrections or file conversions are additional services and require additional fees.

ONLINE GALLERIES PROVIDED BY PHOTOGRAPHIKA

Photographika provides online photo gallery’s for the viewing pleasure of our clients at no cost to the client.  All photos may be downloaded from the photo galleries if prior arrangement for downloading are made.  All photo galleries will be available for 90 days after which all photos will be deleted from the online gallery.

ARCHIVING OF IMAGES AND VIDEO

All photo or video are archived by Photographika and will be kept for 90 days from the last day of the shoot or production.   All photos and video will be deleted and lost forever after the 90 day archival period.  Client is responsible for archiving all photos and videos on their end via means that best suite the client but NOT provided by Photographika!.  Client is responsible for the purchase of archival media or any cost associated with online archiving of photos or video.

USAGE OF PHOTOS AND VIDEO FOR PORTFOLIO OF PHOTOGRAPHIKA

Photographika, Inc reserves the right to use any and all photos and video for portfolio purposes and may display the images or video selected as desired.

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