Terms and Conditions of Service:


By contracting Feyen Images, the client agrees to the following terms and conditions: 


1.1 - These terms and conditions are between David Feyen of Feyen Images (hereafter “PHOTOGRAPHER”) and the client (hereafter referred to as “CLIENT”) for services and products related to a photography shoot (hereafter “SHOOT” or “the SHOOT”)



1.2 - The CLIENT and the PHOTOGRAPHER agree that the SHOOT commences at the scheduled start time and ends at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT in quarter-hour increments at $100.00 and hour. This is not applicable if a game/event is delayed for reasons beyond the control of the CLIENT.


1.3 - PHOTOGRAPHER will deliver the photographs to CLIENT through a third-party website no more than thirty days (30 days) after the date of the SHOOT. PHOTOGRAPHER will perform basic post-processing or digital image editing services on the photos where artistically necessary. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. Additionally, CLIENTs can view, download, and order prints and other photo products for the prices set forth on the website. PHOTOGRAPHER is not responsible for products ordered through the third-party website.


2. Fees:

2.1- In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the fees set forth on the invoice. 


2.2 - CLIENT acknowledges and agrees that a retainer totaling 50% (fifty-percent) of the total price of the services is due upon scheduling the SHOOT and is not refundable, so as to fairly compensate PHOTOGRAPHER for committing his time to provide services and turning down other potential projects or clients. Both parties agree that the retainer will be credited towards the total Fees payable by CLIENT.


2.3 - If CLIENT is unable to make the originally agreed-upon date and time, and with at least 48 hours notice, the PHOTOGRAPHER (at his discretion) may allow the shoot to be rescheduled. If CLIENT cancels this SHOOT for any reason or is a no-show for the SHOOT, the retainer will not be returned to CLIENT.


2.4 - If the game or event where the CLIENT is playing/performing is cancelled for reasons outside the control of CLIENT (rained out, game cancelled), OR the PHOTOGRAPHER feels the conditions have deteriorated to a point where quality photos are not possible or safe, the PHOTOGRAPHER and CLIENT may reschedule the SHOOT to a mutually agreed upon time and date.  Any retainer paid will be credited towards the new date.


2.5 - The balance of the payment for photography services must be paid in full by the date listed on the invoice and prior to any photographs being delivered. 


2.6 - Merchandise is not included and will be sold at the current price when the order is placed by the CLIENT. Coupon vouchers provided by the PHOTOGRAPHER have no intrinsic cash value and may only be applied toward merchandise purchased from the PHOTOGRAPHER’s website.  Additional services requested by CLIENT not covered by the current invoice are subject to additional charge/s.


3. Ownership and Copyright:

3.1 - PHOTOGRAPHER will own all rights, titles, and interests in all photographs produced. CLIENT (on behalf of itself and any attendees or participants at the SHOOT) understands and agrees that all photographs produced by the PHOTOGRAPHER shall remain sole intellectual property of the PHOTOGRAPHER and are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER's explicitly written permission.


4. Limited License to CLIENT

4.1 - Upon complete payment, PHOTOGRAPHER hereby grants CLIENT an exclusive, limited, non-transferable license to use the photographs for CLIENT’s personal use, provided that CLIENT does not alter or remove any attribution notices or copyright notices included by PHOTOGRAPHER on any photographs. Personal use includes, but is not limited to, use of photos on CLIENT’s personal social media pages or profiles; in CLIENT’s personal creations, such as, scrapbooks, albums or personal gifts; in non-commercial physical display; and in personal communications, such as family newsletter, email, or holiday card(s). 


4.2 - The CLIENT agrees not to reproduce, modify, publish, or sell the photographs provided by the PHOTOGRAPHER for commercial use without first obtaining a formal written release signed by the Photographer.


4.3 - The PHOTOGRAPHER agrees that final photographs delivered to the CLIENT will not have any visible watermarking on the images. 


5. Style.

5.1 - Client acknowledges and agrees that:


Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style


Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and


Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this

Agreement or request of any monies returned.


6. Indemnification:

6.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment, pose or person(s), or aesthetic preference during the SHOOT.  The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the location(s).


6.2 - The PHOTOGRAPHER is not liable to deliver every image taken at the SHOOT. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.


6.3 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss, damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.


6.4 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss due to technological failure/malfunction (including data loss), theft of equipment, or data file destruction beyond the PHOTOGRAPHER’s control. 


6.5 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this SHOOT 60 (sixty) days after the photos have been delivered to CLIENT.


6.6 – CLIENT agrees to indemnify, defend and hold harmless PHOTOGRAPHER and its agents for any injury, property damage, liability, claim or other cause of action arising out of or related to the SHOOT, services, and or work product PHOTOGRAPHER provides to CLIENT.


6.7 - Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the PHOTOGRAPHER) hereby waives all rights and claims, and releases PHOTOGRAPHER from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of images pursuant to this contract.


7. Duty of Client/Permits:

7.1 - CLIENT will obtain all permissions and permits necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions or permits resulting in fines, or which prevent PHOTOGRAPHER from photographing the event(s) is not the fault, liability, or responsibility of the PHOTOGRAPHER..


8. Exclusive Photographer:

8.1 - CLIENT agrees and understands that no party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.


9. Maximum Liability.

9.1 - Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.


10. Model Release:

10.1 - CLIENT (on behalf of itself and any attendees or participants at the SHOOT) grants permission to PHOTOGRAPHER to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, editorial, advertising, educational, and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image in connection with the marketing, advertising or promotion of PHOTOGRAPHER’s services, including in connection with PHOTOGRAPHER’s studio, portfolio, website or social media, in any format or medium.


10.2 - CLIENT may, in writing, request PHOTOGRAPHER not use select or all photos depicting the CLIENT'S likeness and image from a session due to an overriding privacy concern. CLIENT must inform PHOTOGRAPHER of this request at any time up to the end of the session, game or event that is the subject of the SHOOT. If CLIENT makes this request after the SHOOT, the PHOTOGRAPHER will make an attempt to remove the CLIENT'S likenss and image from his website and/or social media, however no guarentees are made that the photo(s) or CLIENT'S likeness will be completley removed from the internet due website caching as well as the public nature of the internet.


11. - General

11.1 Governing Law. This Agreement will be governed by the laws of the State of Wisconsin, United States of America.


11.2 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.


11.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.


11.4 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.


12. Approval:

12.1 - By agreeing to work with and rending payment for service from the PHOTOGRAPHER, CLIENT has read, understood, and agrees to abide by these terms and conditions as they are listed above.

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T&C Last Updated December 1, 2024