Emptage Media Terms & Conditions

This agreement contains the entire understanding between Emptage Media (Creative, Photographer/Videographer) and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.

Payment & Prices

All Package costs are as stated at the time of booking & will remain once booking is confirmed. At least 50% of the total amount is due at the time of booking unless otherwise stated. Upon your purchase, Emptage Media will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the deposit payment is non-refundable after 48 hrs post booking.

Refunds

Due to the digital delivery method of photography and videography a client would be unable to receive a refund once content has been sent or shared. Only under circumstances of faulty download (i.e wrong content was sent/shared or faulty link) is a customer capable of receiving a correction to that product link or content.

Rescheduling

Due to the time specific nature of this service, clients may only reschedule at the discretion of Gerard Emptage.

Torrential Weather

If the weather is torrential and the event has to be rescheduled, Creative will honor that and reserve a new date if it does not conflict with other bookings.

Requested Coverage

Emptage Media will honor requested photographs but does not guarantee any specific photographs.

Artistic Style

Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography/videography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Creative reserves the right to artistically interpret how to capture a scene. This may mean that some shots are color and some may be black and white.

Cooperation & Physical Liability

All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Creative is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Creative or their equipment by any subject, Creative reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Creative harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.

Copyright & Reproductions

The Creative owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Creative maintains the right to make reproductions for the Client or for the Creative’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.

Photographer/Videographer

The Creative may substitute another photographer/videographer to take the photographs/video in the event of Creative's illness or personal crisis. In the event of such substitution, Creative warrants that the photographer/videographer taking the photographs/video shall be a competent professional.

LIMIT OF LIABILITY

In the unlikely event that the Creative cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Creative, then the Creative shall return the deposit to the client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic/video materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Creative. In the event the Creative fails to perform for any other reason, the Creative shall not be liable for any amount in excess of the retail value of the client’s order.