• It is understood that Mayberry Multimedia (henceforth known as “the Studio”) is the exclusive official photographer retained to perform the photographic services requested on this Contract.
• Upon acceptance of the these Terms and Conditions, the Studio shall reserve the time and date agreed upon. Appointments may be cancelled if done so 24 hours in advance. If a guest needs to cancel in under 24 hours and another booking is unable to be made, or if a guest does not show up to the appointment, 20% of the photography session will be changed to the guest’s room, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
• If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Studio, the photographer may elect to use an alternate location or to reschedule the portrait.
• No part of any order, including previews, will be delivered until the balance is paid in full.
• The Studio reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client accepting these Terms and Conditions warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of the Studio.
• The Studio may substitute another photographer to take the photographs in the event of the Photographer’s illness or of scheduling conflicts. In the event of such substitution, the Studio warrants that the photographer taking the photographs shall be a competent professional.
• If the Studio cannot perform this service due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Studio shall not hold the Client responsible for any charges, and will seek to reschedule the session. If a session cannot be rescheduled, the Studio shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Studio or Photographer. In the event the Studio fails to perform for any other reason, the Studio shall not be liable for any amount in excess of all monies paid.
• The Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases the Studio from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
• The charges in these Terms and Conditions are based on the Studio’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without the Studio’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
• These Terms and Conditions incorporates the entire understanding of the parties and is governed by the laws of Honolulu Hawaii. Any modifications of these Terms and Conditions must be in writing and signed by both parties.