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Fullerton Photography Terms and Conditions
Table of Contents
Page 1 Title
Page 2 Table of Contents
Pages 3-6 Introduction and Basic Offerings
Pages 7-10 Advanced Offerings
Pages 11-15 General FAQ
Pages 16-22 Printing, Pricing, and Albums FAQ
Pages 23-28 Legals, Usage, and Fine Print
Page 29 Office Use
Page 30 Refund Policies
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Fullerton Photography Terms and Conditions
Thank you for allowing me to serve you as your Photographer of choice! In this PDF packet, website page, or contract print, the "Customer" (herein after referred to as "Customer" or "Client"), may better understand the services provided and expressed of Fullerton Enterprises Photography (herein after referred to as "Photographer", or "Fullerton Photography", (ie. "The Photographer's Business"). It is my desire to keep these agreement pages as brief and concise as possible without the worry of discrepancy, dishonor, or with any intent to not inform the Customer as to the best of the Photographer's ability. By agreeing and signing one of the Package or Freelance Forms, you hereby authorize the Photographer to render all services to the Customer as described in both the respective Package Form as well as these Terms and Conditions Pages to the best of his ability on the date or dates agreed upon by both parties at the signing of the Package Form(s) and Contract.
Nomenclature This section will briefly describe the terms, figures, and other numerated data that is described through the website, printed literature, forms, and packages. I have attempted to be as thorough as possible but if in doubt, please ask me if definition is required for better understanding.
"Great Photos - 100% Satisfaction" Simply put, I only offer the best of what I practice and will perform to the best of my ability under all circumstances. The Customer is wanting nothing short of excellent results and service with a personal touch and I intend to make each Customer pleased with the choosing of their Photographer! If it's important to you, it's important to me.
"Free CD / DVD of Photos" This describes the offering of additional copies of the Optical Disc / Disk Media for the Customer. On the disc will be any and all untouched (ie. Raw), unaltered digital photos, as well as any corrected proofs. (cont).
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Fullerton Photography Terms and Conditions
"Free CD / DVD of Photos" (cont). File formats will be either JPEG (being set to the highest quality settings in both camera and post production software) as well as Canon's RAW format. This option is given as a standard for all package levels for ease of the Customer's ability to select a quality print / matte source of their choosing. For printing options, please view the printing page to see the wide selection of pre-made or custom solutions and sizes - or simply forego my printing solutions altogether and use your own method.
"High Quality Digital Negatives" This aspect is related to the above-mentioned retainment of photo quality. Every attempt will be made to where refinements of photos in post production (if any) are to be kept to a minimum so as to be printable if the Customer so chooses. In that same aspect, the photo files on CD / DVD will not be purposely reduced in size or severely compressed - the Customer will receive full-size / full-resolution photos without watermarks or other detrimental quality issues unless the photo exposed with such qualities was created (ie. if the photo taken was blurry, it's blurry and I personally feel it is not correct to radically improve it via software).
"Online Gallery Hosting" This aspect explains in short that with the purchase of any package, an option to have your Gallery of photos available online is offered. The Online Hosting is provided by either a third party photography resource such as but not limited to Flickr, SmugMug, or other various photo-hosting-centric websites / or the Photographer's Web Hosting Provider utilizing a Gallery programming applet to create a photo display page on the Internet for public or private viewing. If no preference is mentioned by the Customer, the photo viewing method of choice will be determined by the Photographer and one or both methods will be used with express informing of selected choice to the Customer (cont).
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Fullerton Photography Terms and Conditions
"Online Gallery Hosting" (cont). In addition, all albums will be Password Protected by the Photographer for the safety and privacy of each Customer. This will be performed by only informing each respective Customer and their Party or Group of the necessary information. If the Customer has purchased Photoshop Corrections or it is listed in their Package Form, either a separate Album will be created with access to the corrected photos or they will be placed in the main album and denoted with a "c" or "cc" filename extension appended to the photo file number. Photo files that are uploaded to the Customer's Gallery, provided to the Customer on CD / DVD, and displayed in the Gallery or other photo-sharing website of choice will retain the full rights to be used by the Photographer in any and all present or future promotions, literature, digital, film, light-transmitting, chemical, mechanical, or other forms of communication either previously developed, presently available, or designed in the future for the Photographer's usage listed above for business, commercial, or personal use.
"Redundant Backups of Your Event" This aspect relates to the redundancy of the Customer's photos, video, files, (ie. "Digital Data") that was created with any Computer or Computer-Aided Hardware, Software, System, Camera, Device, or Technology. The Photographer has no obligation to store and retain the Customer's Event Data for a period of more than six (6) months, however will generally be able to archive data for a much longer period of time. The Customer's Data will be redundantly backed up to prevent entire loss of the Data utilizing one (and more often than not, more than one) solution of both on and off-site data storage. Generally speaking, the Customer's Data will be kept on two (2) Hard Disk Drives independently configured (eg. Non-RAID) for archival data storage, as well as CD / DVD disc / disk stored by the Photographer and selected number of copies made for the Customer according to their Package Form (cont).
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Fullerton Photography Terms and Conditions
"Redundant Backups of Your Event" (cont). Furthermore, the Online viewing of the Customer's Gallery Data and Proofing is a third defense measure to ensure protection and retrieval of Customer's Data. Fourthly, a Master File (ie. Zip or RAR) containing the entirety of work performed by the Photographer will be uploaded and stored on a secure file server with Password Protection. Whether this is done via the Photographer's Website Hosting Provider or an independent third party Data Storage Service (ie. Professional Data Center), it is important to ensure long-term accessibility for the Customer's Data. Additional data solutions suggested by the Customer will be considered.
"Basic or Advanced Photoshop Corrections: This aspect denotes an unrestricted use of post-production tools and Computer Software such as Adobeฎ Photoshop to digitally enhance, correct, and render of better final quality, the Customer's Photos. I personally feel that though a good workflow and post production is important to create pleasing results, the shot should be taken as close to intended result when created and not created with an obvious aire. Though I will do processes such as Level Adjustment, Curve Toning, Basic Lighting and Temperature Changes, Contrast, Saturation, Black-and-White Toning, Sepia Toning, Cropping, and Straightening, I do not feel that Photoshop is best used to create an entirely new photo instead of enhancing the natural beauty of what was generated on exposure. As such, I do not do large-scale and or time-consuming refinements such facial restructuring, weight reduction, skin or surface adjustments, or major frame / scene reconstruction. It is one thing to remove a blemish or pimple, or say, remove stray hairs but to engage in photo changes that inherently and without uncertainty change the look of the image to something false or non-existent, is something I do not engage in as a service to my Customers. Of course, the Customer is more than free to perform such advanced "Photoshopping" on their own once having obtained the original files from the Photographer.
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Fullerton Photography Terms and Conditions
Advanced Nomenclature Now that the basics are out of the way, I will cover some of the more advanced Services and Offerings by the Photographer for the Customer.
"Free Wedding Gift" This is denoted as a Service offered by the Photographer regardless of Package Level or Customization. It generally entails one (1) or sometimes two (2) courteous accolades of congratulations toward the Bride and Groom on their wedding day or to any Customer who chooses a Package Form. This Gift from the Photographer is customized according to event style of the Customer and shall not exceed $60.00. Instructions shall be given to the Customer upon gifting to ensure enjoyment of this Service by the Photographer.
"Free Engagement Session(s)" This offering denotes the standard practice of allowing the Photographer and Customer to get to know each other and take photos in a private setting unhindered by the time constraints of a modern wedding day. There is such little question of the untold value received from having the Photographer learn how to work with the Customer and vice versa that practically every photographer now offers Engagement Sessions in their packages. Though I am willing to travel up to an hour from the Milford / Wixom, Michigan area, it is very strongly encouraged for the Customer to inform the Photographer of this as early as possible due to logistics concerns. There is no charge for distance previously mentioned and although Customers may only have one (1) Engagement Session planned, the Customer is more than free to have more than one (1) session so as better benefit both parties. Locations are unlimited although they must fall into the one-hour radius of Milford / Wixom, Michigan. Distances further away can be arranged for additional fees assisting with such items as Photographer's hotel and travel expenses.
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Fullerton Photography Terms and Conditions
"Multiple Bride and Groom Photoshoots" Akin to the previous offering of Engagement Sessions, whether the need is there for great looking photos in suits or a special and touching moment before the wedding or event, I am also more than willing to offer in essence Private Photoshoots for the Customer to further ensure that photos captured are those that are indeed cherished in locations that are special to the Customer. While on the surface this may appear to be obtrusive in pre-wedding planning, it is truth that well-crafted photos are one of few hallmarks that remain after the day is done and as your Photographer, the more thoroughly that I can dedicate my time to you the Customer, the better the results will be for now and years to come! Please see your Package Form for details if this is included.
"Minimum X Hours / X Photos" Regardless of Package Form, there should be no fear of having a Photographer or Customer worry about how many photos are being billed or "bought". I most certainly only book one (1) wedding per day and more than likely, only one (1) wedding per weekend to ensure that I can be performing to the quality level expected of me by the Customer. The amounts given are not fixed in stone and ideally will be higher than the Package Form rated amount - simply because when that "Magic Moment" is kindled, it does not matter how many shots it takes to get the right combination of photo techniques that the Customer wants for an outstanding photo. This way as well, there is a redundant amount of photos for the Customer to pick from when Proofing, amongst other more obvious benefits such as proper timing, face angles, etc.
"Multiple Day Coverage" This offering relates to many of the above package features (cont).
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Fullerton Photography Terms and Conditions
"Multiple Day Coverage" (cont). combining into what entails multiple day coverage of the Customer's Event rather than having the Photographer show up for a single day of coverage. Please consult your Package Form to see if this is included. Should the Customer's Event occur over a span of more than one day the Customer and Photographer may mutually discuss as to how to provide the best service to the Customer.
"Customized Service" Although this is what someone may call the entire Package, I still feel that there is no harm in going the extra mile to ensure the Customer has an enjoyable and satisfactory impression of the Photographer's services. If there is an especially memorable moment or event that the Photographer may be able to assist with in capturing outside of the main wedding, show, event, etc., please consult with me to arrange the details. Regardless of Customer however, I only apply one (1) cookie-cutter approach - that being to provide the BEST service I can!
"Post Wedding Video Slideshow / Documentary Coverage" These offerings on higher Packages entail post-wedding or post-event processing of the photos and/or video into multimedia presentations such as a photo-slideshow or video documentary. It is of particular note that limited statistics are given at this time due to the Photographer being the Sole Proprietor of the Photographer's Business and the simple inability to be in more than one location simultaneously. Every effort however will be given to record High Definition 1080p video at a resolution of 1920x1080 pixels to be compiled into a brief video slideshow / documentary accompanied with music of the Customer's choosing. The Photographer by no means intends this aspect of a Package Form to detour him from the process and art of capturing digital still photos; rather it is an "extra" that will (if footage permits) be given care (cont)
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Fullerton Photography Terms and Conditions
"Post Wedding Video Slideshow / Documentary Coverage" (cont). likewise to the same level as the still photography. Post-processing will be performed using various Computer Software programs capable of processing, encoding, decoding, and compiling video streams into an output file(s) of the Customer's choosing. Standard formats include Quicktime, MPEG4 (mpeg4 / mpg4), DivX, Xvid, H264 and DVD-formats. As of November 2008. it is the intent of the Photographer to handle the assembling of video footage into a finished presentation, however an entirely customized DVD (menus, buttons, sub-titles, comments, etc.) is not possible at this time. The Photographer retains all rights after video release to the Customer to showcase the video and slideshow and subject either format to the same legal, promotional, and usage rules as listed herein for the Customer's Photos. Multiple copies of discs / disks will be created on reputable brand (Sony or other) writable optical media. The final frames of video or slideshow production will contain a brief display of the Photographer's Name, Business, Date, and other statistical data. The backup redundancy policy stated for the Photographer's work also applies to any slideshow or video ensembles created for the Customer and will be archived and distributed to the same policies as the Customer's Photos.
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Fullerton Photography FAQ
Got FAQ (Frequently Asked Questions)? Well, we have FAA (Frequently Answered Answers) for you! Read on and be amazed, or maybe, just have some questions answered.
Q1 - How long have you been shooting and what types of cameras?
A1 - I started shooting as the "family photographer" as soon as I was finished with high school and have gotten more involved with events and jobs as the time progressed. I started off with a simple Vivitar 35mm point-and-shoot, then obtained my first real digital camera - a 2.0MP Canon S10 back around 2002. I upgraded to a Canon S1 IS "bridge" camera in 2003. I then obtained a Canon 10D DSLR in mid-2006 and have shot with that since. It now serves as a wonderful backup camera to my Canon 5D Mark II. I may not have 35 years' experience, but I have steadily learned and adopted with new techniques, environments, and equipment with the time I've been shooting.
Q2 - Lenses?
A2 - With changes in gear, comes changes in lenses. Obviously with smaller cameras, you generally shoot with the lens you get but with the 10D and beyond, I've had the opportunity to shoot with several lenses with stunning results. I currently own a Canon 50mm F1.4 USM, Canon 24-105mm f4L IS USM, and a Sigma 70-300 F3.5-5.6. I also have shot with a Canon 16-35 F2.8 L USM, and a Canon 70-200 F2.8 L IS USM. Other accessories include Canon BG-D3 / D6 Battery Grips, 8 batteries, a Canon 430EX Flash, a Sunpak 55mm polarizer, ~13 GB of CF memory, and a CompactDrive portable card reader + 40GB external HDD.
Q3 - What kinds of Photography should I expect at my event?
A3 - I feel that it is very important to capture the moments people (cont).
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Fullerton Photography FAQ
Q3 - What kinds of Photography should I expect at my event? (cont).
A3 - will remember - without being right in their faces all the time. As such I will use a mixture of lenses to obtain the best possible shots whether on my own or if suggested by the Decision Makers of your event (like parents or assistants). Though traditional portrait and group / family / symmetrical photos will be taken, I utilize a mix of "candid" or freelance shooting to capture the atmosphere of your event as well. Artistic photos are oftentimes very cool, but not when you're rushed or don't have the time! These may be taken sparingly or moreso attempted during the engagement or pre-wedding photo shoots rather than when you're going down the aisle.
Q4 - How does your payment system work?
A4 - Here at Fullerton Photography, my focus is doing the best job I can for my clients' events. Upon final consultation and arrangements, I request 33% downpayment of your package price in the form of cash, check, or money order. Another 33% is due the day of your event. The remaining balance is due after two weeks of the events' occurrence. If you have your wedding on August 1st, I would need the final payment no later than the 15th of the month. If you know payment will be a concern, please speak with me and I'm sure we can arrange a schedule. Failure to pay within two weeks gives the Photographer right to pull down any and all online content and withhold all media / data from the Customer until payment is made in full.
Q5 - What happens if you're sick and can't make it to my event?
A5 - It is regrettable that this should ever happen. Aside from taking good care of himself, the Photographer should never have this happen. If for some extreme circumstance within the Photographer's control (sickness, etc.) prevents him from attending your event, a full refund of any monies paid +20% of the rated package fee will ensue (cont).
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Fullerton Photography FAQ
Q5 - What happens if you're sick and can't make it to my event (cont)?
A5 - If an event occurs that prevents the Photographer from attending your event but is out of his control such as inclement weather, severe family emergency, etc., a full refund of any monies will be given. There is no other way I can safely guarantee 100% that I can attend an event as I am a single-person business. I will make every effort however, to make sure that I do not miss your event!
Q6 - What happens if the Photographer's Equipment is damaged at my event?
A6 - Again, this should and will be a very rare case! If equipment damage occurs during your event and it is the fault of the Photographer, then said Photographer will handle repair or restoration costs. If an individual is found having caused damage or other detrimental effects to the Photographer's Equipment within fair reason, that will be taken care of privately between the Photographer and Individual. Also like any professional, I have backup gear to ensure any mishaps are avoided.
Q7 - Oh No! My long-lost Sisters' Cousins', Fourth Uncles' Twice-Removed Third Sister-In-Law's Poodle named "Fu Fu" died! I'm going to have to cancel my event! Are there late fees?
A7 - Likewise, this hopefully shouldn't happen too much! First, take a break, sit down, breathe deeply, and believe that everything will be ok. If an event is for some reason, impossible to reschedule or permanently cancelled, all down-paid monies will be refunded. If your event just needs to be rescheduled (within a month or so), I will try (but can not guarantee) that I can attend the latter date. With that being said, the Photographer's Time is valuable and if an event is postponed, not only does that mess up your day but also makes me prepare for nothing. To be fair to both parties, a fee of 5% of the package price will be billed to the Customer. Failure to pay this fee within one (1) month (cont)
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Fullerton Photography FAQ
Q7 - Oh No! My long-lost Sisters' Cousins', Fourth Uncles' Twice-Removed Third Sister-In-Law's Poodle named "Fu Fu" died! I'm going to have to cancel my event! Are there late fees (cont)?
A7 - of the originally scheduled event's date will be dealt with in a courteous but concise approach by the Photographer from telephone calls and emails to legal action if necessary. Don't worry though. This will rarely occur and should it happen, please consult with me at earliest convenience if you feel this will be a concern.
Q8 - My event is longer or shorter than anticipated - whether discovered through pre-planning or at the event itself. Do I get a credit, refund, or does the price change?
A8 - A good question - not everyone can plan their event perfectly the first time and the Photographer is understanding of that. If your event comes radically (several hours) below the specified time of your package rate, please consult with me for a reduced price. Money (if not cash) will be deposited to the Photographer's Bank of choice and refunded to the Customer via Money Order or Check. If cash is given, I can work out a revised payment at or immediately after your event. If your event likewise goes longer than anticipated, that is easy to understand with the excitement of The Day! To be both courteous and understanding of this fact while still being paid for my time is, I think, an understandable observation. The regular freelance rate of $50/hr. applies for every hour beyond the Customer's package form timeframe.
Q9 - Your prices are too high! Can I get a lower price?
A9 - (cont)
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Fullerton Photography FAQ
Q9 - Your prices are too high! Can I get a lower price (cont)?
A9 - Although I would love to say yes, the Photographer likewise has bills and expenses just as the Customer does. I have attempted to be very fair in my pricing packages compared to other studios and photography businesses and, depending on package, a decent amount lower than what other photographers charge. If however, there are several features in an extended package form that you do not wish for me to include (you want a trimmed or more basic package), please consult with me to indicate your needs and I will evaluate a potential price reduction. The Photographer is not Obligated however, to charge less simply because he is asked.
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Fullerton Photography Printing FAQ
P1 - Ok, let's look at your printing. What do you offer?
A1 - Thank you for taking a look at Fullerton Photography's Printing Service! We offer the following, depending on your package:
A dollar amount of "Printing Credit" for use in purchasing prints, books, or any extras we offer.
The ability to purchase additional prints, books, etc. above and beyond any listed package price. Once your photos are available for online proofing, simply let me know what prints and keepsakes you would like for each image number and I will be able to handle processing it for you.
The choices of Hand-Made or Professional Photo Display Albums.
Standard and Custom-Printing sizes with various paper finishes.
Extras like calendars, artwork, puzzles, and more that showcase your wonderful photos in a variety of ways!
P2 - Wow, that's great! So who do you partner with for all this awesome stuff?
A2 - Though it'd be really cool if I said I made all this from scratch in the depths of my parents' basement, that is not the case! The Photographer is concerned with quality and as such, has partnered with SmugMug, EZ Prints, MyCanvas, Blurb, Imagekind, Tiny Prints, Fotoflt, and Theedraonlaire to provide everything from great prints to albums, hand-crafted leather-bound photo books that you fill to pretty much everything in between! Want a giant wall-mounted and framed photo to embellish your foyer or greatroom? We can do that. Want a puzzle to be made from a particular photo? We can do that too! Once your photos are finalized, we can discuss other cool things like prints.
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Fullerton Photography Printing FAQ
P3 - That's a lot of things you can do! But wait, are we going to be paying so many extra fees that it'll let you buy a car or something?
A3 - I understand what you mean - the middleman process. The good news is that I only ask fair retail markup value (33%) onto the pricing of things like prints. Good quality does not come cheap but at the same time, I am not and will not fleece my customers. This fair price adjustment is a normal aspect of practically every type of business and service under the sun. If you are truly wishing for a budget-conscious solution, then please select my Ruby Package or choose to develop prints yourself. The services I utilize have been selected for the amount of sheer customization options and focus on quality. I will not stop you if you want to go elsewhere but the results are less predictable. In reality, I will only be making little income compared to the greater benefit of being able to offer this "all-in-one" solution for my customers.
P4 - That sounds fair. So can we see the details of each option?
A4 - Sure! Please see the tables at the end of this document.
P5 - So I see now. You generally offer two options and three book / album options for people to choose from? Can I make my own instead?
A5 - Yes that is correct! Of course you can make your own albums or choose someplace or someone completely unrelated to the Photographer. I want my Customer to be happy and if that means utilizing another service for post production needs, that is fine as long as the Photographer's pricing and contract are fulfilled by both parties for all other services.
P6 - Do I have to use my Print or Album Credit?
A6 - No of course not. I don't see why you wouldn't, though!
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Fullerton Photography Printing FAQ
P7 - Is anything refundable?
A7 - Personally, I can understand if something is not created well the first time, however the only option I can suggest is a reprint. I am unable to refund any monies spent on printing, albums, or other extras as most of the time I must abide by vendors' Terms of Sale. If there is a discrepancy however, please inform me as promptly as you can and I will do my best to take care of the concern in a kind and courteous manner. Unused printing credit is of course, subtracted from the total payment or refunded.
P8 - Ok onto Prints! How does that work?
A8 - Simple. Once your proofs have been uploaded to Smugmug, the Photographer will contact you to let you know of this. Feel free to enjoy yourselves while going through the photos of your event!
**It is important to note the following steps for printing!**
1. The Photographer will contact the Customer once the proofs from your event are ready.
2. Enjoy going through the photos but be sure to note which file numbers or image numbers you wish for the Photographer to have included in a "Final Set". The Photographer will then perform any paid-for Photoshop adjustments as per the pricing package.
3. The Photographer will make the final photos ready for printing by placing all final photos in a password protected sub-gallery inside the main event's gallery album.
4. The Customer decides on the quantity and type of photos. The Photographer will then print all final photos and deliver them to the Customer. Payment is to be made upon delivery.
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Fullerton Photography Printing FAQ
P9 - That sounds complicated! Is there an easier way?
A9 - The Photographer will most likely develop a "direct" service in the future but the former print method is the only one available at this time.
P10 - So wait...I'm paying for my package price and then prints on top of that? It's expensive!
A10 - Though other studios may include a very high price to ensure that they sell a particular number or type of prints by default with their packages, I am not going to tell the Customer what they like or want! By optionally including prints, it saves me a lot of guesswork for your package and besides, you may very well want 50 8x10's of your wedding day. How can I guess that beforehand? If you want a lower price, simply opt for few or no prints to be made - the prices are reasonable though.
P11 - Do I have to pay in full upon delivery of the prints to me?
A11 - Yes. I accept cash, check, or money order. If you need to delay purchase until prints are able to be paid for, I will allow one (1) week leniency. The amount due however, should not be esoteric unless a great deal is ordered so it should pose no problem. Once all prints have been made, the Photographer will release all optical media copies to the Customer, including the final batch of corrected and adjusted photos. Further details may be found in the "CD / DVD Backup" section of the document.
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Fullerton Photography Printing FAQ
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Fullerton Photography Printing FAQ
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ALBUMS: OPTION #1
For our hand-made albums crafted by Theedragonlaire, a variety of options exist for covers, bindings, and embossings. The pages are left open to be filled by the customer with 3-holed plastic sleeve photo- holders, hard paperstock, or anything else that will showcase your momentous photos as long as it fits within the book's footprint and can fit a three-ring binder enclosure. For leather selection, binding ties, and other embellishments, please view the examples on the Photographer's Website. A variety of natural leathers, tooled or rough finishes, stamps and more are available for your custom book! A basic, solid covered book is easily capable of holding upwards of 30 sleeves / pages and it is very easy to add more; regardless of when the book was made! Need to "grow" the book? Just adjust the custom binding and you can add more content easily! We can also make an unadjustable book if you have everything you want ready to go when the book is first made. Prices start at $100.00 and are uniquely customized from there!
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Fullerton Photography Printing FAQ
ALBUMS CONTINUED: OPTION #2
If the Customer would rather stick with an even more professional solution than the first option, we here at Fullerton Photography are also able to provide a more traditional photo album in conjunction with our friends over at MyCanvas and Blurb. From rich materials to custom sizing and a variety of high-quality papers used, the Customer may choose to receive a true Book from either vendor. The benefits of this method are quality photo reproduction on acid-free paper as well as a host of other artistic configuration styles. If you wish to have the Photographer inscribe a story of your event, mix and match photos or distribute multiple copies to friends or family, here is where configuration options exist. Prices generally start at $50 for an 8"x10" hard cover book of less than 40 pages and increase depending on what options are chosen. For more gorgeous accenting, MyCanvas in particular also offers books and albums bound in velvet, silk, nubuck, and leather. Prices for these more unique materials however, start at $200 and rise quickly. If the Customer wishes for great materials and is willing to fill pages in themselves, using Option #1 may meet your needs. If the Customer wishes for traditional printed and bound media, it is instead recommended to pick Option #2. In the case of the Photographer helping to custom build your album or book, it is highly recommended to start collaboration once your event concludes. Prices above and beyond the Prints and Album Package Credit are required to be paid to the Photographer upon handover of the book or album. The Customer may elect to work with the Photographer to build any amount of books, albums, or extras - or if the Customer wishes to select another source to provide these needs, that is perfectly fine.
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Fullerton Photography Legals and Fine Print
For the sake of this document and all Fullerton Photography Literature, Client hereby refers to the person, party, group, organization, or entity receiving photography or videography services from Fullerton Photography. Client may also be referred to as, "Customer", "Purchaser", or any other general description to refer to the party that is purchasing aforementioned service(s) from Fullerton Photography. The Photographer, Doug Fullerton, refers to the proprietor of Fullerton Photography and may be mentioned by name, likeness, or by any other reference to Fullerton Photographies' Documents or Literature naming "The Photographer", "The Photographer's Service", "The Photographer's Business", "Photography", "Fullerton Enterprises", or a similar likeness to the above general terms which all mean the property of Fullerton Enterprises and/or Fullerton Photography. By signing, whether physically or digitally, any Terms and Agreement, Contract, or Package Form ("Package") Literature, the Client is bound by Fullerton Photography's Complete Terms and Conditions and understands and acknowledges the Photographer's ability to dissolve, break, or otherwise create null and void these Legal Documents at any time without cause. A copy of the Terms and Conditions and Legal Agreement will be given to all Clients upon signing of their Package Form(s), and is available at all times by either 1. Contacting the Photographer, or, 2. Digitally downloading the Terms and Conditions and Legal Documents by visiting the Photographer's Website (http://dfullertonphotography.com). Downloading presumes the usage of Computer, Mobile, or other capable equipment with the ability to connect to the Internet and displaying webpage URL's of the Photographer's Business via the Internet and/or by accessing the aforementioned documents in Microsoft Word, Adobe PDF, Browser URL-directed, or by any other means as to where text may be read and interpreted. The Photographer encourages all Clients and parties to read the Terms and Conditions and review the F.A.Q. (Frequently Asked Questions) located on the Photographer's Website. The Photographer will be (cont).
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Fullerton Photography Legals and Fine Print
as thorough as reasonably required should questions or other uncertainties arise that require clarification to the Client as to the ability, inability, limitation, or capability of the Photographer regarding Services rendered to the Client, insomuch as the Photographer is capable of knowing said circumstances as they arise. The Client releases Photographer from any and all liability, including but not limited to, the following circumstances: scheduling conflicts, a first-booked-first-served basis, inclement weather, technical and/or equipment issues, lack of transportation, and other circumstances beyond the control of Photographer that may hinder Photographer from providing service to the Client. It is agreed that the Client secures a date by paying a minimum of 33% of the Client's Package Price or Final Price (generally done after a consultation). Client will then have the Service of the Photographer for that Day(s) despite multiple inquiries by Customers for a specific timeframe or Day(s). The Refund Policy is likewise stated in the F.A.Q. and the Terms and Conditions and is the Client's sole responsibility for understanding the Photographer's Terms and Conditions regarding payment or failure thereof. By signing the Terms and Conditions, Package Form, or any other piece of Literature of the Photographer's Business, whether physically or digitally, the Client agrees to be bound by all of Fullerton Photography's Terms, Conditions, F.A.Q., Purchase, Refund, Package Form, and Literature, either currently existing or appended to in the future. The Client relinquinishes and waives all claims for suit, defamation, or slander. Further, Client agrees to not cause any loss of revenue, physically or mentally bring harm to the Photographer, or cause any damage to, duress, or in any other negative way, create or handicap the Photographer and/or the Photographer's Business or Equipment. Likewise, the Photographer retains all Literary, Photo, Video, Creative Commons, et al, Licenses to the Photographer's Work, regardless of amount given, sold, granted use of, or otherwise distributed to the Customer or Client. The Client furthermore agrees for the Photographer (cont).
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Fullerton Photography Legals and Fine Print
to retain full use of the Client's likeness, whether via Photography, Videography, Montage, Collage, Physical or Digital Creation, etc., by signing any/all Contracts, Terms and Conditions, or Literature to be to be used in Promotions, Graphics, or any derative work(s) generated by the Photographer's Service to the Client for the sole use of promoting the Photographer's Business.
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Fullerton Photography Legals and Fine Print
For preliminary and special uses of digital-only content, here the Customer may review both the Personal and Commercial Contract Releases. The Contract Signature on Page 29 (to be signed in person) also encompasses the uses and guidelines on this page as well.
Though the rules differ slightly for Personal or Commercial use, the price respectively is $2.50 Personal and $5.00 Commercial per photo purchased. This covers easy facilitation of delivering photos to the Client before the time of releasing all media upon final delivery. This price also covers any Photoshop corrections (outlined on the Package Forms) the Client wishes to have made to the individual photo or photos. In return, the Client will receive one (1) digital photograph at full resolution without watermarks or other restrictions with which they may freely utilize any and all services listed below (additional charges such as printing fees, newspaper / advertising fees, large-scale post-production, etc. are the sole responsibility of the Client or Purchaser. The Client or Purchaser may desire to have these costs credited as part of their Package Printing Credit - the Photographer will gladly help to make the process smooth and hassle-free.
PERSONAL USE CONTRACT RELEASE:
Photographer grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image, subject to the following restrictions:
This license is for personal use only. Personal use means non-commercial use of the image(s) for display on personal websites and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising. The image(s) may not be resold, relicensed, or sub-licensed.
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Fullerton Photography Legals and Fine Print
Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with the photographer.
There are no warranties, express or implied.
Photographer will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the image(s).
COMMERCIAL USE CONTRACT RELEASE:
What you can do:
Photographer grants you a perpetual, non-exclusive, non-transferable, worldwide license to use this image for permitted commercial purposes, defined as:
Advertising, Promotion, Brochures, Packaging
As part of a Commercial Website for Promotional Purposes
Prints, Posters, Flyers, Tearsheets for Promotional Purposes (not for resale)
Prints, Posters, or other Commercial Display of Image
Magazines, Books, Newspapers, Other Printed Publications
Video, Broadcast, and Theatrical use
(Continued)
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Fullerton Photography Legals and Fine Print
What you may not do:
Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download.
Photographer retains all rights, license, copyright, title and ownership of the image(s).
There is no warranty, express or implied, with the purchase of this digital image file. Neither photographer nor SmugMug will be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer's use of the image(s).
ROYALTIES
Finally with the advent of using photography as a powerful medium to communicate ideas, concepts, art, and much more, it is of no surprise that more and more multimedia and digital content is being used for promoting in the 21st Century.
With the myriad of rules and regulations that exist even alone for the potential of photographic and video recording royalties - far beyond the scope of this contract - the Client is strongly encouraged to discuss with the photographer if a royalty or royalty-free scenario presents itself over the course of business. Any payments discussed are on a case- by-case basis between Photographer and Client.
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Reserved for Office Use
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Fullerton Photography Refund / Cancellation Agreement
Although there is some mention of refunds and concerns brought up on both the website and earlier in this contract, this final page lays out all the refund policies in detail.
Fullerton Photography wishes you the very best but at the same time, has put aside time and effort to reserve your day as you requested. If the couple or parties involved are however, not able to meet this obligation, here is how the refund policy works:
If you cancel 6 months (or more) ahead of time until your event takes place, a 100% (full) refund of the deposit will be issued.
If you cancel 3 to 6 months ahead of time until your event takes place, a 50% (half) refund of the deposit will be issued.
If you cancel with 3 months or less time until your event takes place, no refund will be given due to the strong possibility of Photographer not being able to re-book said date with comparatively little time for someone else.
It is our hope that these policies give our Customers a fair yet understandable balance of being flexible while running a business.
If uncontrolled sickness forces the Photographer not to be able to attend your event, a full refund of the deposit will be made +20% of the package price. If a severe concern, other act, or event (family death, severe weather, act of God etc. - not within his control) forces the Photographer not to attend your event, a full refund of the deposit will be made.
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