Terms of Service Agreement

This Photography Services Agreement ("Agreement") is entered into between Adrian Sterling trading as Sterling Studios ("the Business" or "Sterling Studio") and the client ("Client") upon receipt of an initial deposit or payment in full for services rendered. By making a deposit or payment, the Client agrees to the terms outlined in this Agreement.

1. Copyright and Marketing Use

1.1 Upon payment of the deposit or in full, the Client grants Sterling Studios permission to use any image from the photoshoot for marketing purposes, including but not limited to social media, website, and print materials.

1.2 The Client agrees that a selection of three to nine images from any photoshoot will be used by Sterling Studios for promotional purposes unless otherwise specified in writing.

1.3 The Client agrees to not use any image produced by Sterling Studios for commercial purposes without obtaining explicit written consent from the business.

1.4 The Client is prohibited from taking screenshots of the images displayed in the online gallery. Images may only be downloaded once the download option becomes available.

1.5 All download restrictions will be lifted once full payment is confirmed, at which point the Client will be able to download the images from the gallery without any further limitations.

2. Deliverables and Turnaround Time

2.1 The Business will deliver the final images within five business days from the date of the event or photoshoot, depending on the scale and complexity of the shoot.

2.2 If the final images have not been delivered by day five, the Business will provide the Client with an update on the progress of the project.

2.3 Any delays in the delivery of the images will be communicated to the Client promptly.

3. Costs and Expenses

3.1 The total cost of services may include but is not limited to: - Location fees - Editing fees - Transportation fees - Equipment rental fees

3.2 The Client will be informed of any additional charges prior to the photoshoot, and such charges will be included in the final invoice.

4. Rescheduling, Cancellations, and Emergencies

4.1 The Business understands that reasonable emergencies may occur on the Client's side. In the event of an emergency, the Client must notify Sterling Studios prior to the event or photoshoot for consideration of rescheduling. In such cases, the Client may qualify for a partial or full refund, provided the issue is communicated in accordance with this policy.

4.2 If the Client needs to change the event date or time, or cancel the event, they must notify the Business at least 48 hours before the scheduled event.

4.3 If the Client cancels within 48 hours of the scheduled event, the deposit or down payment will be retained by Sterling Studios, and no refund will be given. Rescheduling or any other adjustments must be done at least 24 hours before the event or photoshoot for any refund to be considered.

4.4 Any rescheduling must occur within 30 days of the original event date. In a case where the proposed date is outside of that timeframe it will be considered a separate session and will be billed separately.

4.5 In the case of a natural disaster or hazard, beyond the fault of the Client, the event may be rescheduled, or the Client may qualify for a partial or full refund depending on the costs already incurred by the Business (e.g., location, equipment).

5. Location and Studio Fees

5.1 If Sterling Studios reserves or books a studio, location, or garden for the Client, the associated fees will be reflected in the overall charge.

5.2 If the Client selects their own location for the photoshoot, they are responsible for covering the cost of the location directly.

6. Staff Meal and Breaks

6.1 If the event lasts longer than four hours, the Client agrees to provide a meal and scheduled break for the contracted staff of Sterling Studios during the event. Note the break may be flexible, however, it must be given to the staff at some point throughout the event to facilitate the wellbeing of the staff and optimal service. This should not affect the main event coverage.

7. Staff Safety and Well-being

7.1 The safety and well-being of the contracted staff is of the utmost importance. If the staff deems that there is a reasonable risk of bodily harm, including but not limited to hostile interactions, weapons, or inappropriate behaviour, they have the right to leave the location immediately. The staff may leave the event before its conclusion for their own safety.

7.2 If the Client feels they are being asked to do something dangerous or inappropriate, they have the right to decline without any penalty.

8. Service Level Agreement (SLA) and Revisions

8.1 If the final images do not meet the agreed-upon deliverables, Sterling Studios will review the scope of the Service Level Agreement (SLA) and, if necessary, provide a round of revisions.

8.2 If the final images meet the agreed-upon deliverables, a revision may be requested for an additional charge.

9. Payment Terms

9.1 A retainer is required to confirm the booking of Sterling Studios. The deposit must be paid at least three (3) days before the scheduled event to guarantee the reservation.

9.2 The balance of the payment is due upon the Client’s access to view the final images on the online web gallery.

9.3 The final images will be available for download once the full payment is confirmed.

9.4 Sterling Studios reserves the right to withhold the final product, including access to the downloadable images, until full payment has been made.

10. Limitation of Liability

10.1 Sterling Studios is not liable for any loss, damage, or injury to the Client, guests, or third parties during the event.

10.2 In the event of equipment failure, illness, or any unforeseen circumstances, Sterling Studios will make every reasonable effort to provide a substitute photographer or reschedule the shoot. However, the Business will not be held liable for any costs or inconvenience resulting from such issues.

11. Acceptance of Terms

11.1 By paying the deposit or in full, the Client acknowledges that they have read, understood, and accepted the terms outlined in this Agreement. This contract is binding once the initial deposit or full payment has been received.