Definitions
The Photographer: Mande Wickham of MXM Photography otherwise known as Magic By Mande Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Magic By Mande Photography (The Photographer) holds all exclusive rights. These cannot be saved to the Client’s devices, used on social networking sites, or printed, and will contain either Magic By Mande Photography’s logo, watermark, or proof stamp.
Digital Purchases: High-resolution digital copies of the final images. When purchased, the Client receives a license Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Magic By Mande Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Magic By Mande Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
Proofs and Ordering
Your portraits will be available on Magic By Mande Photography’s website, in a gallery to view and proof prior to ordering prints. Proofs will be available for 45 days and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired by email. We make every effort to resolve any and all issues, but we can not process refunds after seven (7) days of purchase.
Edits
The photographer enhances photos via corrections to contrast, lighting, and color. Minor touchups for bumps and scrapes may be requested prior to purchase. Please make all editing requests known before placing an order. Photographer is not responsible for reprinting if requests are not made within 24 hours of purchase.
Copyright and Reproductions
Magic By Mande Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, marketing material, editorial use, website, or for display within or on the outside of the Photographer’s studio. If the Client would like to refuse rights to the above, a notice must be made in writing or via email.
Client’s Usage
The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use, or website, Photographer authorizes Client to reproduce the print in this manner. In such an event, the Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
The client is never permitted to edit or alter any photo that is copyrighted by Magic By Mande Photography
Inherent Qualities
The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and the Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Magic By Mande Photography suggests printing from professional printing labs such as mpix or her personal pro lab in order to receive the highest quality prints.
Portrait Care
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing, or hanging is the responsibility of the client.
Severability
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Miscellaneous
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Texas.
