BRANDING TERMS & CONDITIONS
1. Work. Client retains Lexxiuh: Branding and Photography to create webs and graphic design and provide services such as photography, marketing and branding. Work includes only the final, deliverable as described in the Client’s contract and invoice.
2. Price and Delivery. The non-refundable deposit for Work is 50% of the total amount due. No work is started until this deposit is placed and your branding/photography contract is signed.
Remaining balance is due upon completion of work (branding/graphic design) or day of service (photography). Payment should be made in the method and manner specified by Lexxiuh: Branding and Photography. Work is to be delivered on the date described in the Client’s contract and invoice due date, but Lexxiuh: Branding and Photography agrees that the date of delivery is not material to this Agreement. No work will be delivered until the remaining balance is paid off.
If design work is purchased, and Client does not complete within 20 days, there is a $200 project continuation fee. If over 30 days, project is null and void, and no refund shall be issued.
ALL UNPAID INVOICES FOR DEPOSIT ARE CANCELLED AFTER 24 HRS.
Logo files are sent over in pdf, png, and jpg formats. Print files are sent over in pdf and png format. Photoshop PSD files are available for an additional fee.
Photography images are sent via online gallery for hi resolution download.
4. Grant of Rights. Lexxiuh: Branding and Photography may use Work in portfolio (including, but not limited to, any website that displays Lexxiuh: Branding and Photography). Client and Lexxiuh: Branding and Photography agree that when asked, Client must properly identify Lexxiuh: Branding and Photography as the creator of Work for design and photography when applicable. Client does not have a proactive duty to display Lexxiuh: Branding and Photography name together with Work, but Client may not seek to mislead others that Work was created by anyone other than Lexxiuh: Branding and Photography. Draft files of artwork and photography are property of Lexxiuh: Branding and Photography, and shall not be used in any matter or posted onto Social Media. That can be breach of contract, and cause Lexxiuh: Branding and Photography to forfeit project. In this case, no refund.
5. Cancellation, and Expiration. The fee for Work is non-refundable. If Client nonetheless no longer wants services or refuses to
receive Work, Lexxiuh: Branding and Photography may decide whether or not to complete Work, and will exclusively retain all right to Work. Services booked on a sale price/discounted rate, cannot be refunded.
6. Limitation of Liability. Client agrees Lexxiuh: Branding and Photography will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Lexxiuh: Branding and Photography performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
PHOTOGRAPHY TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Alexia Rochell, Lexxiuh: Branding and Photography. “The clients” shall be those persons defined as bride and/or groom on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. unless otherwise stated in written form.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking of events at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable deposit of 50% of the total amount due will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be the day of service.
iii. Additional goods ordered must be paid for in full at the time of ordering
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. Some packages include a copy of the un-edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.