Proposal Collection from ARG Foto

Terms & Conditions Agreement

1. SCOPE OF WORK & EVENT DETAILS

This agreement is entered into for the purpose of retaining ARG Foto (hereinafter referred to as "PHOTOGRAPHER") to provide professional photography services for Client (hereinafter referred to as "CLIENT") in connection with CLIENT's related events (the "Events").

The Events will occur on the date, time and location preliminary selected by Client. At the time of execution of this agreement, the CLIENT acknowledges that certain logistical details — including, but not limited to, exact addresses, timelines, and event start/end times — may not yet be finalized or may need to be changed/modified.

CLIENT agrees to provide PHOTOGRAPHER with all finalized event details no later than seven (7) calendar days prior to each scheduled Event, or as soon as such information becomes available. PHOTOGRAPHER agrees to provide photographic coverage for the Event as part of the agreed-upon Collection, contingent upon timely receipt of the finalized schedule and location information.

Preliminary event(s) details of (subject to change and to be updated by CLIENT) are outlined on the form submitted by the CLIENT.

Any changes or updates to the details must be submitted in writing (email and text message are acceptable) and confirmed in writing by PHOTOGRAPHER to ensure continued service availability.

1.1 TRAVEL & LOCATION CLAUSE

PHOTOGRAPHER is pleased to offer services within a 100-mile radius of Savannah, Georgia at no additional travel cost.

Should CLIENT request coverage at any location beyond this agreed-upon radius or substitute the original locations with new ones that result in increased travel distance, time, or cost, PHOTOGRAPHER reserves the right to assess and apply a reasonable travel fee, to be quoted and agreed upon in writing prior to the Event.

This flexibility ensures that PHOTOGRAPHER can continue to provide high-quality service while accounting for additional time, mileage, or lodging if needed.

1.2 DETAILED SCOPE OF WORK & DELIVERABLES

PHOTOGRAPHER is pleased to provide all final images that meet quality and artistic standards, depending on the flow of the day and the moments captured.

PHOTOGRAPHER retains full discretion in determining which images are selected and edited for final delivery, ensuring that only the highest-quality photographs are included. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary and will aim to deliver the final product within the standard three-week turnaround time.

The PHOTOGRAPHER maintains the right to modify the location, time, or date of the photo shoot due to unexpected and uncontrollable circumstances, including inclement weather, natural disasters, war, pandemics, government actions, and similar events. This is to ensure the safety and well-being of all parties involved.

Services Agreed Upon are stipulated on the purchase form made by the CLIENT.

2. FEES

CLIENT agrees to pay the sum of a agreed price selected on the purchase form.

2.1 Refunds & Rescheduling

All payments made under this agreement are non-refundable, regardless of the reason for cancellation by CLIENT. This includes, but is not limited to, changes in plans, postponements, or cancellation of the wedding or related events.

PHOTOGRAPHER understands that unexpected circumstances can arise and is committed to working with CLIENT in good faith. PHOTOGRAPHER will make reasonable efforts to accommodate rescheduling, location adjustments, or other necessary changes, provided sufficient notice is given and PHOTOGRAPHER is available on the revised date(s).

3. PAYMENT SCHEDULE & TERMS

CLIENT agrees to pay PHOTOGRAPHER the total amount selected on the purchase form.

4. SERVICE MODIFICATION

If CLIENT wishes to change the original scope of work or add anything new, PHOTOGRAPHER will provide a separate estimate for the new changes or revisions.

5. ASSIGNABILITY AND PARTIES OF INTEREST

CLIENT agrees and understands that, unless otherwise specified in this Agreement, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter. PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract.

6. MODEL RELEASE

CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising.

7. COPYRIGHT, DIGITAL IMAGES AND INTELLECTUAL PROPERTY

Photographs are protected by Copyright Law. High-resolution images available for purchase. PHOTOGRAPHER may use photos for lawful purposes. Copyright, and other intellectual property laws and treaties protect the Services, including but not limited to all content provided on www.argfoto.com (hereinafter referred to as WEBSITE) or any SOCIAL MEDIA.

All materials, including images, articles, videos and such may be available on such platforms from time to time, are owned by ARG Foto. CLIENT is not granted any right or license under any copyright or other intellectual property right to any other website or social media platform.

CLIENT may be permitted to incorporate any element of said digital images or intellectual property with prior written consent of the PHOTOGRAPHER, otherwise CLIENT is not permitted to incorporate such material in whole or part in any other website or social media platforms or by any other means, beyond what is reasonably accepted based on SERVICES rendered.

8. PRIVACY POLICY

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

9. LIMITATION OF LIABILITY

In no event shall the PHOTOGRAPHER be liable for any indirect, consequential, or incidental damages arising from the services provided under this contract, including but not limited to loss of data, lost profits, or reputational harm. The PHOTOGRAPHER total liability to the CLIENT for any claim arising under this contract shall not exceed the amount paid by the CLIENT for the photography services.

10. RESOLVING DISPUTES

If CLIENT is dissatisfied with any deliverables, they must notify PHOTOGRAPHER in writing at myphotographer@argfoto.com within 7 days of delivery. PHOTOGRAPHER will make a good faith effort to resolve the issue by offering a remedy of equal value to the contracted services.

Refunds will not be issued for dissatisfaction based on artistic style, missed moments outside PHOTOGRAPHER’s control, or expectations that we not explicit communicated. Both parties agree to attempt resolution before pursuing formal dispute processes under Section 13.

11. RIGHT TO TERMINATE

PHOTOGRAPHER reserves the right to terminate this Contract under the following conditions:

  • With 7 days’ written notice by either party for any reason

  • Immediately upon breach of any material term of this Contract by either party

  • Immediately if CLIENT is found to have engaged in fraudulent, illegal, or abusive conduct, or if PHOTOGRAPHER reasonably believes continued association would harm the brand, business operations, or reputation of PHOTOGRAPHER

In the event of termination, all payments made up to the date of termination are non-refundable. This includes, but is not limited to, changes of heart, cancellations, or alterations to event plans.

CLIENT further agrees that unless otherwise stated in writing by PHOTOGRAPHER, the original payment schedule shall remain in full effect, regardless of any rescheduling or changes to the event date(s). PHOTOGRAPHER will make reasonable efforts to accommodate rescheduling requests based on availability, but such accommodations shall not waive or alter the agreed-upon payment obligations.

PHOTOGRAPHER is not liable for any misuse of delivered materials by CLIENT, including any use in connection with illegal, defamatory, or unethical activity. CLIENT assumes full responsibility for how the final images are used or distributed.

12. CREATIVE CONTROL CLAUSE

The PHOTOGRAPHER does not conduct re-editing of images and retains the right to perform creative editing based on their determined style. CLIENT can expect professional and artistic editing to enhance the final photographs.

13. ARBITRATION

Any dispute, controversy, or claim arising out of or relating to this Contract, including any alleged breach thereof, shall be resolved through binding arbitration administered by a licensed arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall take place in Chatham County, Georgia, and the laws of the State of Georgia shall govern all aspects of the dispute.

Notwithstanding the foregoing, either party reserves the right to decline arbitration for claims involving monetary damages less than $200, in which case the matter may be pursued in a local court of competent jurisdiction within Chatham County.

The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. However, under no circumstances shall the total award or damages granted in arbitration exceed the total amount paid under this Contract.

Each party shall bear its own legal fees and arbitration costs unless otherwise determined by the arbitrator.

14. ENTIRE AGREEMENT

This contract represents the entirety of the agreement between the PHOTOGRAPHER and the CLIENT, superseding all prior agreements. Changes require written, signed approval by all parties.