Terms of service
UNIVERSAL TERMS OF SERVICE & MASTER PHOTOGRAPHY AGREEMENT
Photographer: Frampton Production / Frampton Photography ("FP")
Delivery Platform: Pic-Time (Online Client Gallery)
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1. SCOPE OF SERVICES & ARTISTIC FREEDOM
(a) Universal Scope: These Master Terms of Service apply universally to all photography sessions provided by FP, including but not limited to Event, Dance, Headshot, Corporate, Couple, Portrait, Sports, Wedding, and Commercial Photography bookings.
(b) Service Standards: FP agrees to provide professional photography services according to industry standards and will edit and deliver a curated digital gallery of high-resolution images via Pic-Time.
(c) Artistic Freedom: FP retains complete artistic freedom regarding posing, composition, and post-processing style. The Client agrees that there is no right to reject delivered work based on style, composition, or editing decisions.
(d) Unedited Files: Raw data, original unedited footage, and unprocessed files remain the sole property of FP and will not be supplied under any circumstances unless explicitly agreed upon in writing.
2. BOOKINGS, PAYMENTS & OVERDUE INVOICES
(a) Retainers: A non-refundable retainer is required to secure the session date and time. Once booked, FP declines all other client requests for that time slot.
(b) Payment Completion: Full payment must be cleared prior to final gallery delivery on Pic-Time. The Client’s right to reproduce or publish any image arises only when FP’s invoices are fully paid. FP reserves the right to suspend or disable Pic-Time gallery access if any invoice becomes overdue.
3. CANCELLATION, RESCHEDULING & FORCE MAJEURE
(a) Cancellation Schedule:
- Cancellations made within two (2) weeks of the booking date incur a fee of 50% of the total booked rate.
- Cancellations made within one (1) week of the booking date incur a fee of 100% of the total booked rate.
- Third-party expenses incurred by FP (venues, prop rentals, travel) will be charged to the Client in full.
(b) Photographer Cancellation & Rescheduling: FP reserves the right to cancel, postpone, or reschedule the session up to nine (9) hours prior to the scheduled start time due to adverse weather conditions, emergencies, severe illness, or safety concerns.
(c) Client Rescheduling: Client-initiated rescheduling requires a minimum of 24 hours' written notice. Punctuality is essential to ensure maximum coverage and natural lighting.
(d) Force Majeure: If FP is unable to perform this agreement due to equipment failure, injury, illness, or acts of God beyond reasonable control, liability shall be strictly limited to a full refund of any monies paid by the Client.
4. SAFETY, INJURY & CONDUCT
(a) Voluntary Participation: The Client acknowledges that photography sessions may involve physical movement, outdoor terrain, and changing weather. FP is not liable for any personal injury, illness, physical harm, or property damage sustained during the session, whether occurring during candid moments, movement-based prompts, or instructed poses.
(b) Unsafe Conditions: FP reserves the right to terminate services immediately without refund if exposed to unsafe conditions, harassment, or objectionable/illegal acts.
(c) Venue Restrictions & Catering: FP is not responsible for venue-imposed guidelines that restrict photographic coverage. For bookings exceeding five (5) hours, suitable meals must be provided for FP and operating assistants.
5. INTELLECTUAL PROPERTY, COPYRIGHT & MODIFICATIONS
(a) Copyright Ownership: FP retains full legal copyright over all original raw data, footage, and images captured during the Booking across the world at all times.
(b) Client Usage Licence: Upon full payment, the Client is granted a non-exclusive, perpetual, royalty-free licence to share, copy, print, duplicate, and publish Deliverables for personal and commercial purposes. This licence may be shared with third parties at the Client’s discretion.
(c) Modifications: Any alterations that may materially harm FP’s professional reputation or business interests (including, without limitation, excessive retouching, aggressive filters, or significant colour alterations) require FP's prior written consent before publication.
(d) FP Portfolio Rights: FP may use any images for lawful purposes including portfolio, social media, marketing, trade, and industry competitions unless the Client requests otherwise in writing prior to booking, download, or purchase.
6. PIC-TIME GALLERY DELIVERY, ARCHIVE, PRINT QUALITY & THIRD-PARTY INDEMNITY
(a) Gallery Availability & Archiving: The online Pic-Time gallery will remain active and available for twelve (12) months from the day of initial delivery. FP will take all reasonable steps to safeguard digital files during this period. After 12 months, the gallery will expire and FP has no further obligation to host, archive, or retain digital files. Gallery extension or file unarchiving can be requested for an additional fee.
(b) Print Quality Disclaimer: High-quality professional prints can be ordered directly through the Pic-Time gallery store. FP takes no responsibility for the color accuracy, resolution, paper quality, or overall print output if the Client chooses to print files through third-party external labs or consumer printing services.
(c) Commercial Consents & Indemnity: The Client must ensure all necessary third-party location permits, model releases, or property consents are secured. The Client agrees to indemnify FP against any claims, loss, or legal costs arising from unauthorized reproduction or distribution.
(d) Limitation of Legal Liability: In any event, FP’s total legal liability for any claim, loss, or damage arising under this Agreement is strictly limited to the total fees paid by the Client for the Services.
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TERMS OF ACCEPTANCE:
By executing a contract through Studio Ninja, paying a deposit, accessing an online gallery on Pic-Time, viewing, downloading, or saving any digital media supplied by FP, you automatically acknowledge and agree to be bound by all terms of this Master Agreement. Third parties or members of the general public accessing or downloading from public galleries also accept these terms in full.