Terms & Conditions - Charles W. Murphy Photographer

US Terms & Conditions — Charles W. Murphy Photography

1. Definitions

(a) Image — A photograph, transparency, negative, digital scan, design, artwork, painting, montage, drawing, engraving, or any other item offered for reproduction.

(b) Video / Motion Content — Any footage, transparency, negative, digital scan, animation, motion graphics, montage, live action, time-lapse, stop motion, documentary, or other moving visual media offered for reproduction.

(c) Reproduction — Any form of publication or copying of the whole or part of any image or video, whether or not altered, including but not limited to printing, projection, digital display, or electronic/mechanical storage.

(d) Client — The person or organization making the booking and to whom the invoice is addressed (whether acting on behalf of a third party or not).

(e) Charles W. Murphy Photography — Charles W. Murphy, operating as a sole proprietorship in the United States (“Company”).

(f) Order — Any booking, request, instruction, or commission for a shoot made via the website or other written communication.

(g) Conditions — These Terms & Conditions, as updated from time to time.

(h) Contract — The agreement between the Client and Charles W. Murphy Photography for the shoot, including supply of images and/or video as set out in the agreed package.

(i) Shoot — The photography or video session agreed to take place on a specified date and time.

(j) Deposit — The non-refundable fee requested at the time of booking via the website to secure the shoot date.

(k) Shoot Fee — The price of the shoot, including the specified number of retouched images and/or edited video clips included in the agreed package.

(l) Additional Image / Video Fees — Fees payable for extra images, additional edits, or motion content not included in the Shoot Fee.

2. Basis of the Contract

(a) An Order placed via the website constitutes an offer by the Client to purchase a shoot in accordance with these Conditions.
(b) The Order is only accepted when confirmed in writing (including by email) by Charles W. Murphy Photography, at which point the Contract comes into effect.
(c) These Conditions apply to the Contract to the exclusion of any other terms.

3. Copyright & Ownership

(a) Charles W. Murphy Photography is and will remain the sole and exclusive owner, in perpetuity and worldwide, of all rights, title, and interest in and to the images and video content, including all copyrights, intellectual property rights, and moral rights.

(b) The Client is purchasing a license to use the images or videos for agreed purposes; no transfer of copyright or ownership takes place.

(d) The Client may not alter, edit, or adapt any image or video without written consent.

4. Reproduction & Usage

(a) Reproduction rights are non-exclusive unless otherwise agreed in writing.
(b) Rights are personal to the Client and may not be transferred or assigned without permission.
(c) Self-promotional use by actors, models, or their agents is permitted, including web portfolios, casting sites, printed portfolios, and personal social media that supports their career.
(d) Commercial use (including paid advertising, brand endorsements, or sponsored posts) requires separate written licensing.
(e) Editorial reproduction must be licensed through Charles W. Murphy Photography.
(f) No reproduction is permitted until all invoices have been paid in full.

5. The Shoot

(a) Once a booking is confirmed and the Deposit paid, the date is reserved exclusively for the Client.
(b) The Deposit is deductible from the Shoot Fee.
(c) Rescheduling more than 72 hours before the Shoot allows the Deposit to be transferred once, provided the new date is within 12 months.
(d) Rescheduling within 72 hours or multiple reschedules will require a new Deposit.
(e) Cancellations at any time result in loss of the Deposit.
(f) If the Shoot is canceled within 48 hours, 50% of the Shoot Fee will be payable.
(g) If the Shoot is canceled within 24 hours, the full Shoot Fee will be payable.
(h) Charles W. Murphy Photography reserves the right to reschedule or cancel in the event of unforeseen circumstances, in which case the Deposit will be refunded.
(i) Backgrounds, lighting conditions, and creative styling will be determined by the photographer’s artistic discretion and may not match example images exactly.

6. Fees & Payment

(a) The Shoot Fee must be paid in full at least 72 hours before the Shoot.
(b) Late or non-payment may result in the date being released and the Deposit forfeited.
(c) Payment is accepted via the secure online system on the website, bank transfer, or cash (with prior agreement).

7. Delivery of Images & Video

(a) The photographer will select and deliver the best images and/or motion content from the Shoot.
(b) The number of edited images and/or clips is as stated in the package booked.
(c) Unedited or raw files will not be supplied.
(d) Additional content is available at the rates listed on the website or by quotation.
(e) Delivery will be via an online gallery with a 7-day download window. Files not downloaded within that period may be subject to a reprocessing fee.
(f) Video footage is retained for 14 days post-delivery; after this time it may no longer be available.

8. Retouching & Editing

(a) Retouching included in the Shoot Fee must be requested within 6 months of the Shoot for stills, and within 14 days for video.
(b) Retouching is carried out at the photographer’s discretion; client notes will be considered but final artistic judgment rests with Charles W. Murphy Photography.

9. Liability

(a) While all reasonable care is taken, Charles W. Murphy Photography is not liable for loss or damage arising from the use or reproduction of any image or video.
(b) In the event of file corruption or loss, liability is limited to a re-shoot at no extra cost.

10. General

(a) This Agreement is governed by the laws of the State of California, without regard to conflict of law provisions.
(b) Any disputes will be handled exclusively in the courts of California.
(c) No variation of these Conditions is valid unless agreed in writing.
(d) Refunds are not offered except where required by law; in exceptional cases, a short re-shoot may be offered.

Payment Details:
Payment is made to Charles W. Murphy Photography via the secure booking system on the website, or by arrangement for cash/bank transfer payments.