Disclaimers, Disclosures, terms and conditions
Location Fees
There are some truly stunning venues and locations out there! Unfortunately, many of these venues will assess professional photographers a one-time fee, hourly fee, membership fee, or other tax/duty/fee in order to shoot on their premises or property. As such, we will do our best to anticipate these and include them in your initial quote. We do ask that these fees be paid by the customer in advance whenever possible. Examples of fees may include, but not be limited to, National/State Park Fees, Parking Fees, private property entry fees, licensing fees, etc.
Payment Plans
Payment plans are divided into equal monthly installments of any remaining balance payable after payment of non-refundable deposit. Payment plans are entered into and enforceable under and according to Utah law and any applicable Federal/municipal laws or ordinances.
We understand that life happens and sometimes situations outside our control can force us to alter our plans. We’ve been there ourselves, and we want to help! If you require additional assistance with your payment plan, we are happy to discuss additional terms to your plan, however a contract amendment will be required and additional fees may apply.
Payment plans needing to be amended or otherwise renegotiated will be subject to a one time fee of 10% of any remaining balance which will be added to the remaining outstanding balance, provided the account is in good standing and customer has not previously made late payments.
Payment plan terms are interest free for plans of 12 months and shorter. Payment plans above 12 months in duration will be charged a monthly interest rate of 15% of the remaining balance, whichever is lower, starting on month 1 and applicable on a monthly basis throughout the duration of the payment plan.
Availability of Services
Some services may be unavailable on certain dates. We hold you, our customers, in the highest regard; because of this we want to make sure our attention is solely on YOU on the date of your booking. To facilitate this we do not book new dates or appointments on dates for which other customers have paid a non-refundable deposit towards or have otherwise pre-paid or contracted for. With very few exceptions, these dates are considered globally unavailable for booking by other customers. Said exceptions may include “Quick Head Shot” customers, A La Carte hourly customers, and hourly customers booking fewer than three hours. In some rare cases we may opt at our discretion to stack short-term bookings over the course of the same calendar day in order to optimize the service experience for these customers. In these rare instance, services such as overages will become unavailable and your booking may end exactly at the end of your contracted booking period. In these rare cases we will make every effort to disclose the existence of other bookings occurring on the same date prior to entering into an agreement with you for a “stacked booking,” thus ensuring to the best of our ability that you as our customer are duly informed and have the ability to consent to sharing a booking date with another customer. We will also make every effort to ensure the already booked customer is given the same information and consents to sharing a booking date with you.
Some retouching services may not be available for all image file types. In order to deliver optimal results and quality we prefer to work on “raw” image formats whenever and wherever possible (i.e. DNG, ARW, RAF, NEF, TIF, etc). In the event you have a file you would like to submit to us for retouching, color correction, or restoration in a compressed format (i.e. jpg, jpeg, png, gif, bmp), we will still make every effort to fulfill your request, however we can make no guarantees in advance as to the results of your request due to the lack of bit depth and image resolution resulting form the inefficient and lossy compression methods of these formats. In such cases suboptimal or undesirable results may include but are not limited to color banding, excessive noise, grain, softness or softening of detail, image quality degradation, and artifacting. We are unable to assume responsibility of any kind for any of these effects or outcomes due to the provided image format, image size, compression factor, etc, and by entering into a retouching or editing contract you the customer agree to hold Tye Morris Photo blameless for and indemnified from said potential outcomes. You further agree that fees for work provided will be payable in full upon delivery, regardless of the presence of the aforementioned suboptimal or undesirable results.
Should a compressed format be unavoidable, HEIC/HEIF is preferred due to the more efficient and less lossy compression method of these formats. Again, as with all compressed formats, we cannot provide a 100% guarantee of satisfactory results.
For photo restoration, blemish removal, feature alteration, object removal, and “airbrushing” requests, we will make every effort to fulfill your request and deliver a stunning result, however not all objects, blemishes, etc, are easily removable and not every image can be restored: each image and scenario is unique and results may vary from image to image. While we will make every effort to fulfill your editing request, we cannot provide refunds for impossible feats, imperfect removal/retouching/restoration tasks, or completed work deemed unsatisfactory after-the-fact, nor can we guarantee satisfactory results for removal/retouching/restoration before work is completed. We assume the customer has thoroughly reviewed and is fully familiar with our prior work and has set expectations accordingly. By entering into any editing or retouching contract, you acknowledge that you hold yourself as duly informed and educated regarding our prior work and will be satisfied with similar results.
Occasionally our staff members engage in documentary and reportage work, so we hold our ethical reputation in the highest regard; we politely decline to fundamentally alter any image in such a way as to make it seem deceptive or in any way make any alterations which might retroactively call our integrity or ethics into question (we will not place you in a location that we did not capture a picture of you in, for example, nor will we perform actions such as “sky replacements,” nor will we remove/add a member of your wedding party or an invited party from any photos). Pursuant to this, we will not under any circumstances add objects, elements, locations, or people to images due to ethical considerations and legal liability considerations, except when such a request will not fundamentally alter the perception or interpretation of an image or alter or cause the perceived integrity of Tye Morris Photo and our work to lack integrity or honesty (for example, we have fulfilled requests in the past to include a flag in the background of an individual studio portrait).
Exclusivity Policy
In order to provide you with the very best service possible, we ask that you do not contract and/or book other providers for any of the services that you have booked us for. By booking/contracting with us (Tye Morris Photo) you agree that you have hired us for the services described in your contract exclusive of any other service provider(s). In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party we hire to complete the services outlined in your contract, are permitted to provide the same, similar, or related services or products, paid or unpaid, at the locations, dates, and for events described in your booking and contract. Violation of this exclusivity agreement will immediately void any contract and immediately terminate any booking regardless of its completion level.
Participant photography with cellular devices is encouraged and welcomed, however we do ask that no other cameras or other photographic devices, professional or otherwise, be brought to your booking/event by you or any of your participants. Unfortunately, due to a previous negative experience resulting from a large booking where a customer’s invited guest brought a professional camera and represented themselves as our associate to other guests, we will consider the use of any such devices as a violation of this exclusivity policy.
The only exceptions to this policy are during times when you have contracted us to provide a portion of our services, or a limited service (for example, if you book us for photography only you may also book another provider for video services).
Statement On AI
At Tye Morris Photo, we consider the creative act to be a feature of the Human condition. We believe and stand by the idea that Art is created by sentient beings with individual and subjective experiences obtained from having lived life. While it may be possible to create what some may deem to be “art” with "Artificial Intelligence,” we do not recognize AI art as art having the same intrinsic or monetary worth as art created by an individual who’s art incorporates influences, feelings, experiences, desires, pains, joys, and sorrows derived from living an individual subjective experience, all factors that AI cannot at this time experience, account for, nor learn from.
We have seen direct examples of AI being misused to create believable fabrications and fictions which can then be maliciously used after the fact. We have also, unfortunately, seen employment opportunities for creators being substituted for “AI” generated content. At Tye Morris Photo, we know from direct experience that perfecting a craft or an art takes years, decades, or even a lifetime of dedicated pursuit, education, learning, and practice. We firmly believe creators should receive fair compensation for their years of dedication, development, practice, and education. We do believe that AI can be used ethically and responsibly, however we do not see image fabrication or replacement for human creativity as ethical and responsible use.
As such, we do not engage in “AI art” at Tye Morris Photo.
While we do make use of some pieces of software which include options making use of “Artificial Intelligence” (for example, we make extensive use of Adobe Photoshop and Adobe Lightroom and some batch editing tools), we commit and pledge to not misuse AI or use AI in any way which may at any point call into question our integrity or artistic abilities. We also pledge to only make use of AI to accomplish and shorten the timeline of tasks which we normally would have done manually (i.e., blemish/object removal).
We will not under any circumstances use AI to generate portions of any delivered product, generate new elements or add elements of any kind, nor will AI be used to fundamentally alter the location or setting of a shoot in any way shape or form (i.e. we will not fulfill “put me on the beach”, “put me at the Taj Majal”, “photoshop me at [LOCATION]”, “replace the sky with something more attractive” type requests) due to ethical considerations and concerns with AI in general.
We respectfully decline these requests in advance.
Shipping Policy
Should you require your prints to be shipped to you, we ship locally in the lower 48 United States, with additional fees and conditions applicable for international shipping, Alaska, and Hawaii.
While we will use whichever shipping solution you prefer, however we prefer to ship through UPS or FedEX due to their more comprehensive insurance/indemnification policies and package tracking systems which other shippers either cannot compete with or lack altogether. They also are far more willing to work with us when items are lost or damaged. Items shipped via UPS or FedEx will be insured for their total replacement value. While we make every attempt to accurately estimate shipping and insurance costs ahead of time, from time to time an adjustment to shipping and handling charges may be occasionally required. In the event an item is lost, we will work with UPS or FedEx to ensure your money is refunded or your products replaced at no additional cost to you.
Customers requesting alternate shipping carriers other than UPS or FedEx assume all responsibility for any lost or damaged product regardless of whether insurance was purchased.
International customers must assume responsibility for any and all taxes, tariffs, customs fees and duties applicable. Tye Morris Photo accepts no responsibility for items not claimed due to unpaid taxes or duties. While we make every effort to ensure international shipments are insurable, not every destination carrier partner will honor UPS and FedEx insurance policies. Tye Morris Photo cannot be responsible for shipments lost or damaged once they leave the United States, especially in cases where UPS or FedEx hand off a shipment to a partner after the shipments leave the United States. We apologize for any inconvenience, however we unfortunately are unable to ship to any countries currently under embargo or are otherwise sanctioned by the US government. While we may disagree with the policies of our government, we are still required to abide by them.
We unfortunately cannot provide discounts on shipping on most orders. An exception may be made at our discretion for bulk orders of one hundred (100) or more prints, repeat bulk order customers, etc.
Shipping and handling costs for custom mediums (especially glass prints, metal prints, and museum grade acrylic prints) and other custom orders cannot be discounted due to the unique nature of these orders. As we partner with other providers for these custom mediums, shipping/handling/insurance options may vary from provider to provider and are at their sole discretion. In the rare case when your purchase is lost or damaged we will work with you and our provider to ensure that you either receive a refund or replacement for your order.
Trade Work
While we are open to trade work, due to the legal complications which can arise from various forms of barter/trade, we must limit trade work exclusively to services-in-trade, or in some cases, independently valued materials/goods over which you have documented legal ownership.
For services-in-trade for our work, trade in-kind will be extended on a value basis of your services at your posted rate(s) up to the total value of the invoice we provide to you (i.e., if we invoice you $1000 and you offer ten hours of legal service at valued at $100/hr, your final invoice will be $0).
In order to keep things simple from a legal perspective, we ask that you please not offer services-in-trade which are disproportionately out of sync with the valuation of our invoice; we will not extend a value to your services greater than that of our invoice to you.
In the rare event that valuation of services are greater than the value of our invoice and we are unable to add additional value and you are unable to decrease value, we will either agree to dissolve the agreement or we will agree to consider the balance resolved with neither party owing the other (extending the above simplified example, if we invoice you $1,000 and you offer twelve hours of legal service at $100/hr, your final invoice will still be $0 and we will consider the scales to be in balance). In the event we agree to services-in-trade, we may request or require partial or total fulfillment on your part at any time after a contract has been signed and before or after our services have been rendered, extending in perpetuity until the contract provisions have been fulfilled.
For materials/goods in trade, we do ask that you provide legal proof of ownership for any materials/property offered. This may include a receipt, bill of sale, or invoice including the serial number or other unique manufacturer's identifying code of the material/property being offered, or other legal documentation that offered property rightly and legally belongs to you and no other party/parties may lay claim to it at any future date. We will not extend an offer for materials/property in trade without this documentation, no exceptions. We will include a transfer of ownership clause in your contract for any materials/goods in trade. For goods in trade valued at less than your invoiced total, we ask that the balance be paid in advance (for example, if we invoice you $1,000 and we agree that you will provide a musical instrument having a used value of $500, your remaining balance to be paid in advance will be $500). We do ask that no goods in trade be offered which exceed the value of your invoice unless other arrangements are agreed to in advance and in your contract (for example, if we invoice you $4,500 and you offer a motor vehicle valued at $10,000, we may opt to extend to you a temporary retainer contract or a guarantee of a future booking in addition to your booking in exchange for the remaining value).
Contracts
In order to ensure clarity, quality, and expediency of services and to protect all parties involved, all services will be provided under contract signed by both parties and enforceable under the laws of the State of Utah and any other applicable Federal or municipal laws/ordinances. You will receive only one invoice per contract.
We will not split apart any contractually agreed upon provisions across multiple invoices; in such a case, multiple contracts with accompanying individual invoices will be provided (including separate payment plans where applicable).
No contract will be considered enforceable until the contract has been signed by both parties and the stipulated prepaid deposit has been paid in full. Failure to pay a deposit in full within five days of being provided a contract will void said contract, regardless of whether or not the contract has been signed.
In the rare event the terms of a contract must be changed or updated, all contracts shall be modified by contract amendment only.
Substitutions and Discounts
Above all else, we at Tye Morris Photo want to ensure we add as much value as possible to both your time with us as well as to the finished product we deliver, and most of all, we want you to have a wonderful and enjoyable experience with us while preserving clarity and fairness to other customers in our pricing structure. Our commitment to clarity in our pricing structure is why we include expenses such as local travel expenses within the Salt Lake Valley, location scouting expenses, and materials expenses/equipment maintenance in the prices quoted in our pricing structure. Our pricing structure is a part of how we guarantee our punctuality and the quality level of our finished product.
As such, we are unable to offer substitutions or discounts not previously agreed to and stipulated on your invoice and in your contract, excepting for situations where a discount code, coupon, or gift certificate has been provided, and in those situations discounts or substitutions will be applied only according to the provided code, coupon, or gift certificate (and whenever possible will be reflected on your invoice/contract). While we recognize that life happens, and sometimes things outside your control may occur, we will be unable to offer any other discounts not previously agreed upon prior to contract signing.
Discounts for Referrals - Occasionally we will provide a discount in exchange for a positive referral. In these cases we will extend such a discount only after the referred party signs a contract and pays a non-refundable deposit. Due to unfortunate experiences we have had in being promised referrals in exchange for a discount and those referrals never materializing, not paying a deposit, or not paying their balance in full, we unfortunately cannot offer an advance discount on any services in exchange for a future referral, promise to promote our business, or promise of "exposure." In order to achieve fairness for both our customers and our representatives who depend on fees being paid promptly and on time for their compensation, we will no longer offer advance discounts except those described above in the above terms.
In rare special circumstances of hardship or other extenuating circumstances, at our sole discretion and approval, we may reserve the right to offer a special discounted or extended payment plan as an amendment to the original contract.
Nonprofit, Charity, Pro Bono Work, and Alignment of Values
Discounted/nonprofit/charity/pro bono work is offered exclusively to 501(c)(*) nonprofit organizations in good standing, with the only exception being organizations we deem to be in direct alignment with our Mission and Statement of Values. In cases not covered by trade work (described in section titled “Trade Work”), we do request a proof of donation/volunteer work be provided to us at the time of service for record keeping purposes.
At Tye Morris Photo we actively, specifically, and explicitly reserve the right to decline pro bono, charity, or donated service(s) and/or products to any organization(s), nonprofit or otherwise, who's mission, values, associations, standards, or affiliations do not align with or are in active conflict with our Mission and Statement of Values.
At Tye Morris Photo we consider charity, service to our fellow beings, and volunteer work to be sacred. We also understand that the behavior and comportment of the organizations with which we choose to associate can have real-world consequences which could impact us, our business, our reputations, but most importantly, can impact our customers and staff.
We want you to be proud to be associated with Tye Morris Photo. As such we have a strict zero-tolerance policy with regards to misrepresentation of any kind of charitable or nonprofit organization on its own behalf or by its representatives. At any point in time, should we or any of our representatives discover that a nonprofit has misrepresented their nonprofit status, has misrepresented themselves in any way, their purpose, services, or mission, has engaged in illegal or deceptive practices, has engaged in unethical behavior of any kind, has misused or improperly profited from our services or end product in any way, or has otherwise been deceptive or withheld information which may have influenced our decision to work with said organization, any previous agreement(s) between the organization and Tye Morris Photo will be considered null and void and they will immediately be invoiced for the value of the work performed and any deliverables provided, including any licensing fees we see fit to apply. Said invoice will be payable in full immediately and without regard to any subsequent cease and deist orders or legal action we may choose to pursue in the future. Said policy has no termination period and extends in perpetuity. As such, should a charitable or nonprofit organization at any point now or in the future significantly change it's mission, purpose, services, positions, etc, to such a degree that it would have altered our initial decision to associate with, provide services to, or otherwise take said organization out of alignment with our values and standards, we will immediately retroactively activate this provision and invoice said organization accordingly. This agreement will be included in every nonprofit/charitable/pro bono contract with no exception.
All pro bono/charity/nonprofit work is evaluated on a case-by-case basis, please contact us to discuss further.
Reservation of Copyright and Licensing
We (Tye Morris Photo) reserve copyright, license, as well as any applicable/additional rights in-perpetuity on any and all images/video/sound recordings taken/collected/created for you by us over the course of your contracted period (unless otherwise arranged before-hand) for the purposes of promotion and advertising Tye Morris Photo and any of it’s subsidiary/sibling companies. We respect your privacy and pledge to make no other uses of these materials other than for promotional or advertising purchases for Tye Morris Photo or any of its subsidiary/sibling operations, and at no time will your images ever be used in a manner that contradicts our Mission and Statement of Values.
The work we provide to you may be used on personal social media pages, distributed freely among your friends and family, printed and disseminated as you, the customer, sees fit, providing no material or finished product provided to you by Tye Morris Photo is used in any commercial capacity except when arranged beforehand and stipulated in your contract.
Should we or any of our representatives discover that any material we have not released under commercial or promotional license has been used for commercial or promotional purposes of another business or entity we will, at our discretion, invoice you for the cost of licensing said material
Should you like to purchase a perpetual license for the work we have provided or exclude any work we have performed on your behalf from our promotional or advertising materials/efforts, please see the "Add-Ons" section of our pricing structure for licensing details.
Deposits, Refunds, Cancellations, and No-Shows
We wish to provide all our customers the same equal expectation with regards to guarantee/availability of date(s) and time(s) of services, product deliverables, etc., regardless of how big or small an invoice may be. Your deposit, no matter how big or small, is considered your exclusive reservation of the agreed upon date(s)/time(s) and secures your unique date(s)/time(s) solely for you, separate and distinct from any other customer's bookings. Having paid your deposit, you can rest assured that we will decline any conflicting bookings, regardless of how much we would stand to gain or lose, and that we will be punctual according to the times agreed upon.
At Tye Morris Photo, we know your time is valuable and we pride ourselves in our punctuality. Due to the exclusive nature of our booking policy, charges agreed upon in your booking contract will always begin accruing at the time of our arrival and stop accruing when we leave, regardless of whether your event starts on time or incurs overages due to going overtime.
Due also to the exclusive nature of our booking policy, we are unable to offer any refunds on deposits or charges of any kind against dates contracted and booked which you cancel, arrive late to, or to bookings to which you or a required member of your event or party is a “no-show.” For bookings/events when you will be required to provide access to the booking/event venue which you or your responsible party arrive late to, we will wait at the booking/event venue for a grace period of one (1) hour. If we are unable to contact you to make arrangements, or if you or your responsible party are unable to be at the booking/event venue to allow us access within the grace period we will leave the booking/event venue unless you contact us within the grace period to make arrangements for venue access. In these instances we will be unable to offer any refunds of any kind.
We may choose, at our discretion, to extend a partial or total refund a for natural disasters, grave accident/misfortune, or "Acts of God" which may cause a last-minute unforeseeable disruption of your booking, but only when said events interfere completely and permanently with your booking; bookings postponed to a later date or indefinitely will not be offered a refund, rather your deposit will transfer your reservation to a later date. Should you choose to postpone your booking for greater than a calendar year, we may require a second deposit not to exceed the total of your original deposit in addition to any other balance owed after the initial deposit was paid. If you entered into a payment plan agreement, your payment plan may be post-dated to match the new date.
We at Tye Morris Photo pride ourselves on our integrity and fulfilling every commitment we make, however we also acknowledge that situations may arise which are outside our control. A such, we reserve the right to cancel any booking for any reason(s) arising outside our control. Should we be required to cancel for any reason within thirty (30) days or one calendar month (whichever is longer) of your deposit being paid, we will extend a full refund with our profound apologies.
Should we be required to cancel your booking outside this 30 day period for circumstances outside our control, we may offer a partial or full refund, at our discretion, minus any expenses already incurred. Such expenses may include but are not limited to: subcontracting expenses, rental gear expenses, location access fees, licensing fees, or any other expenses related to your booking for which we have already paid or entered into a contract with third parties for.
We recognize that extenuating circumstances and situations can and do occur, and in certain circumstances or in the presence of certain other mitigating circumstances we are happy to offer trade work (or donation work to applicable/approved and licensed non-profits). We will evaluate these on a discretionary case-by-case basis.
At Tye Morris Photo, we also take great pride in our artistic vision and signature style(s), and we have made every effort to publicly exhibit what any of our customers can reasonably expect to receive both on our website and our social media presence. While we take every effort to ensure that our customers are duly informed and aware of our artistic vision and have been provided with examples of current and past work, and while we are open to creative collaboration with our customers, we do not offer refunds after services and finished products have been delivered. We consider the customer to have been duly informed and fully aware of our artistic vision and signature style(s) and in agreement that all delivered products will be a reasonable reflection and bear reasonable similarity to portfolio and example work on public display in various locations. By entering into a booking contract with us you acknowledge that you have been duly informed and agree to receive a finished product in our signature style(s) according to our individual artistic vision, and you further agree you have also been duly informed regarding where you can easily and readily find work similar to that which you have booked us to provide. As such, we do not offer any refunds of any kind for differences in artistic opinion regarding the finished product.
In the highly unlikely event the delivered product differs so greatly in style and form from our publicly viewable work as to be unrecognizable as our work when viewed by a reasonable person, we may offer, at our option and discretion, a limited re-edit or a replacement shoot of equivalent or lesser value at no cost to you.
Policy on Appropriate Conduct and Safe Working Environments
We believe that all people should be free from harassment and violence of any kind, be it political, sexual, physical, or verbal, and we would consider any such harassment to be an affront to our values.
In order for us to do our best work we ask that you ensure us (Tye Morris Photo), our staff, and/or subcontractors with a safe and appropriate working environment and professional relationship free from harassment and violence of any kind. In the event of circumstances deemed either by us or a bystander to present a threat, harassment, or implied threat of injury or harm of any kind to us, our staff, our equipment (including theft of or damage to our equipment/supplies/items), we reserve the right to immediately cancel all services remaining under any agreement or contract.
By contracting with us, you additionally agree that covered under this policy are participants and attendees of your booking/event (or related activities, before, during, and after your booking/event) who interfere with or otherwise prevent us from delivering a finished product(s) or causing a reduced quality product(s) below the level the we deem acceptable, including but not limited to:
participants with cellular devices or other devices pushing, shoving, or otherwise attempting to physically displace or move us from a spot of our choosing in an attempt to obtain their own photo or video
interfering with our shot by intentionally or inadvertently obstructing us or otherwise interfering with or disrupting our shot
interfering with our equipment/supplies/items, whether inadvertently or intentionally
intentionally appearing in or disrupting a shot not otherwise intended to include the offending participant (i.e. "Photobombing" or inserting objects/appendages into a shot)
participants or attendees using unprofessional, harassing, or abusive language or behavior of any kind
participants or attendees making a threat or implied threat of any kind
any of the above with relation to our staff in the commission of their duties or equipment belonging to us or our staff
Participant photography with cellular devices is encouraged and welcomed under the understanding that participants do not interfere with us, our staff, or our equipment as described above. No other photography or videography devices are permitted in pursuance to the Exclusivity Policy above.
At our discretion, we may enact a three-strike policy. After the first offense, we will make reasonable efforts to notify you or a responsible party. If you or your responsible party are able to respond to the harassing/threatening/interfering situation in a reasonable amount of time (maximum of 15 minutes), we will resume work in accordance with the original terms of your booking agreement.
If the harassing/threatening/interfering behavior occurs a second time, we will ask you to remove the offending person(s) from the booking location for the remaining duration of your booking prior to us resuming any work.
If the behavior occurs a third time, or if a previously removed person(s) returns to the location of the booking, or if a person or persons we have requested be removed for said behavior refuses to leave, or if you refuse to remove a person or persons who we have requested you remove due to offending behavior, in order to ensure that we, our staff, and our property are protected, we reserve the right to immediately terminate services and leave the booking.
Should we feel the need to terminate your booking and leave early due to any harassing/threatening/offending behavior, by booking with us you expressly agree to both assume any/all responsibility for any legal and/or civil consequences for the aforementioned harassing/threatening/offending behavior and further agree to relieve and hold us (Tye Morris Photo) and our representatives and staff harmless as a result of incomplete booking/contract coverage, or for a lapse in the quality of our work, and you further agree to be responsible for payment in full of any outstanding balances, including but not limited to any damages or losses incurred to our equipment/supplies/property.
Non-payment and delinquency
At Tye Morris Photo we pride ourselves on our punctuality and integrity; we fulfill our promises and our contracts to the best of our abilities, and when we fall short we believe in making it right and balancing the scales. We believe that the overwhelming majority of our customers agree with and reciprocate this sentiment and we firmly believe that people are generally honest. Unfortunate experience has shown, however, that not everyone shares this commitment and we have unfortunately been forced to adopt the following policies with regards to late fees and collections to ensure we can continue to deliver excellent service and products at our expected standards.
While it brings us no pleasure to do so, we enforce late fees without exception, except when arrangements are agreed upon prior to the due date of any payment or balance.
For balances due in full on booking date (i.e. in cases where customer has not opted to enter into a payment plan agreement), a late fee of 10% of the total balance remaining will be assessed on the fifth (5th) day after booking date with an additional 5% for each subsequent day thereafter up to fifteen (15) days after the booking date. On Day 16, a fee of 10% of the total balance remaining will be assessed for each day going forward until thirty (30) days after the booking date, after which we will proceed with legal remediation and collection actions.
For payment plans, a late fee of 5% of the balance due will be applied to the remaining total for each late payment received after a five day grace period. If installment payment plus any late fees are not paid within 15 calendar days, the payment plan shall be rescinded and remaining balance will become immediately due on Day 16 after payment due date. Late fees according to the balance due will then be assessed daily (not to exceed 10% of the remaining balance) until thirty (30) days after the payment due date, after which we will proceed with legal remediation and collections.
Payment plans brought back into good standing (including any late fees applied) after the 5 day grace period expiration and prior to 15 calendar days after payment due date may continue to make interest free payments for the duration of their plan until the second occurrence of a late payment. Upon the second occurrence of a late payment, providing the plan is brought back into good standing before the expiration of the above 15 day period (including late fees), the customer will be charged a monthly interest rate not to exceed 15% of the remaining balance payable (including any remaining fees). Payment plans which were initially entered into as 12 month plans or shorter but which have been renegotiated or amended or otherwise extended due to late payments will be subject to a monthly interest rate not to exceed 25% of any outstanding unpaid balance (including any applicable late fees, payment plan fees, and renegotiation fees), providing the account is brought back into good standing before the account is sent for remediation and collections. This rate will be applied monthly until the remaining outstanding balance is paid in full.
Three Strike Rule - Payment plans of any duration incurring a third late payment will be immediately rescinded with any remaining balance (including any late fees and interest) being immediately due on Day 16 after payment due date unless prior arrangements are made before payment due date. Should this Three Strike Rule be applied, customer will be given until day 30 after payment due date to pay off any remaining balance (including fees and interest), after which we will proceed with legal remediation and collection actions.
Any contracted booking requiring legal remediation and/or collections activity will be considered to be in breach of contract. Any customer found to be in breach will immediately forfeit access to any hosted digital assets (including any image galleries), and all use case license(s) and rights to any and all digital or printed assets will immediately revert back to Tye Morris Photo in full and in perpetuity. Release of assets and rights/license thereafter will be at the sole discretion of Tye Morris Photo and only after all balances due plus any applicable late fees, interest, and/or legal and recovery fees have been paid in full.
Customers in breach of contract assume responsibility for all collections fees, legal and attorney fees/expenses, travel expenses, mediation expenses/fees, and any other fees or losses incurred by Tye Morris Photo as a result of the breach of contract. Customers in breach of contract will hold Tye Morris Photo blameless, hold harmless and indemnified for and released from any liability or expenses incurred resulting from the breach of contract