The following points shall apply to all signed or mutually and informally agreed upon (via agreement over email) contracts except in the case of an alternative contract being produced and signed by both client and photographer. I will email a contract to you before the shoot date and, by undertaking the shoot, you are agreeing to the contract as sent. It is the responsibility of the client to make themselves aware of the terms laid out in the contract and here on this page. Fees for shoots may be paid in up to two installments. Half the agreed fee must be paid to book your shoot. This payment is non-refundable. The remainder of the shoot fee is due on or by the day of the shoot except by prior arrangement.
I reserve the right not to deliver prints/CDs/put data up on the World Wide Web for general use until the fees are paid in full. Unless specified by the client before the shoot, all images will be available for the photographer to use for promotional purposes through website, Facebook, Flickr etc but the photographer will not make money from any prints from a shoot without express permission from the client. Except by specific prior agreement shoots do not include any prints. All chosen and worked up images will be delivered digitally via an online gallery. CDs or DVDs are available for $10 each. Under no circumstances will un-optimized images be delivered to clients (please ask for details). Prints can be ordered directly from your gallery as well as other products. All of these are of very high quality and reasonably priced.
Unless otherwise agreed the photographer will choose the images to post process and deliver to the client in a gallery of finished piece. If you do arrange to see the raw images, when making your choices of images to work up please allow five business days (Monday to Friday) for each ten chosen images. Post processing is a time consuming and artistic pursuit and I want to make sure you receive the best possible images to take to print.
The choice of clothing and location is entirely the responsibility of the client. The photographer will do his best to provide guidance (please feel free to ask) but ultimately it is the client’s decision how and where to present themselves in terms of clothing, make up, hair style etc. If a reshoot is needed because a client is dissatisfied with the location, clothes etc that they chose another fee will be required. The same goes for children. If you want children to pose in photographs I will do my best to corral and jolly them along but the ultimate responsibility for the pose and expression of the children will fall on the client.
The client shall have the right to use all images for all personal purposes but will not sell any images in any way or use them to make money in any way except with express written permission from the photographer. The photographer shall have the right to use the images in portfolio, on his websites or in books which may be sold for profit. He will not have any right to sell on any of the images directly or individually for profit in forms such as cards, postcards or prints except with express permission of the clients.
In all cases (excepting circumstances covered in the proceeding paragraph) the photographer will always be Phil Rose himself. I never subcontract to other photographers. In case of the photographer being unavailable for absolutely unavoidable reasons (a situation which has never arisen as yet) I will try to find a replacement photographer from my local network of high quality wedding photographers to shoot at the same price quoted. If they cannot do the job at that price it will be the responsibility of the wedding couple/liaison to negotiate with that photographer and to pay any extra required. If no photographer can be found at all then all fees will be refunded with an additional compensation of $100 for stress and inconvenience caused. No further money will be owed or asked for in these circumstances.
Before the shoot the client may be asked to research images that are in the style that they like and to send these on as links along with a few words about what they like about the images (e.g. “I like the colors here” or “This composition is great”) In the case that the client is not satisfied with the images taken the client and the photographer will do their best to come to an agreement which may be a re-shoot or a refund of up to the total fee paid. Under no circumstances will a client be entitled to a refund of more than the total original fee including sales tax.
Raw files chosen by the client for finalised work-up are archived and kept for one year. CDs/DVDs may be purchased from the photographer but Phil Rose Photography makes no guarantee of the availability of photographs past the delivery of chosen images. The recovery and delivery via online gallery of archived images will be charged at $75/hour and usually involves one hour of work.
In the case of a no-show by the client or a cancellation with less than twenty four hours notice 80% of the agreed fee will fall due and a new contract will need to be signed. A rearrangement may be charged at 60% of the original fee at the photographer’s discretion.
Once a print order has been placed by the client with the photographer, the photographer will optimize all those images and arrange for delivery of the prints within three weeks for the first twenty prints with an additional seven days allowed per ten extra prints. If the prints aren't delivered within this time frame 10% of all printing fees will be refundable per fifteen days or part thereof that the delivery is late. If prints are delivered more than sixty days past the scheduled delivery date as determined in the above paragraph then all fees for the shoot and printing will be refunded to the client by the photographer and the contract canceled leaving nothing owing by either party to the other.
If a client agrees to a shoot and pays a deposit and the shoot then cannot happen due to circumstances beyond the photographer's control (weather, client or subject being unavailable within the required timeframe, acto fo God, war, disease,famine etc) the fee will be due at a rate of 80% where more than 24 hour notice is given or 100% where less than 24 hours notice is given.
In the case of a dispute the client and photographer will seek mediation though the Whatcom Dispute Resolution Center and the fees for such mediation will be split equally between the client and photographer. All quoted fees prices do NOT include sales tax which will be charged at the standard rate.
Under no circumstances shall the client be entitled to a return of money greater than the original shoot fee.
File Retention Policy
All your finished images will be uploaded and stored on a gallery which will be available for you to visit and download images from indefinitely (with a two year guarantee). I have ten year old galleries up there. Raw images will be kept for two years in case you need me to make changes to or choose other images than the ones initially chosen.