Welcome to the Terms & Conditions for Dennis Newsham Photography and the Wild New York collection. By using this website and placing an order, you agree to the following terms regarding commissioned photography services as well as products purchased from our online store.
Part 1: Commissioned Photography Services Terms & Conditions
1. Event Information Terms & Conditions
The event dates, locations, and times will be set forth in the attached Contract Agreements provided at the time of scheduling.
2. Change of Date or Venue Terms & Conditions
Photographer must be notified in writing of any changes to the schedule or location at least 3 business days prior to the scheduled date of the event. Notification may be sent via email; however, Photographer must confirm the changes and send a confirmation receipt.
3. Pre-Event Consultation Terms & Conditions
At the time of booking, Client will outline tentative plans and the Photographer will advise on logistics, timing, and costs. Photographer shall confirm arrangements with Client 3 days in advance of the event.
4. Payment and Fees Terms & Conditions
A retainer fee shall be paid at the time of booking. This fee is non-refundable. In the event of cancellation, Photographer shall be entitled to keep the retainer fee. The balance of Client’s invoice must be paid in full at least 2 business days prior to the event. Photography packages, prices, and payment options will be outlined in the attached Schedule 2.
5. Cancellation Policy Terms & Conditions
Cancellations must be made at least 3 weeks in advance by written notice. Retainer fees are non-refundable. Venue entry fees, accommodations, or other expenses may be partially refundable at the discretion of Photographer, less any administrative costs.
6. Expense Terms & Conditions
Travel expenses, venue entry fees, permits, and other expenses shall be reimbursed to Photographer and will be added to Client’s itemized invoice.
7. Model Release Terms & Conditions
Client grants Photographer and its legal representatives irrevocable and unlimited consent to use photographs of Client for any lawful purpose. Client releases Photographer and representatives from all liability and claims in connection with this Terms & Conditions Agreement.
8. Minor Model Release Terms & Conditions
If any members of Client’s group are under the age of 18, Client must ensure that the Minor’s legal guardian signs a Minor Model Release form.
9. Disclaimer Terms & Conditions
Photographer makes no representation or warranty regarding any third-party venue, product, service, or activity booked on Client’s behalf. Photographer is not responsible for missed photo opportunities, lack of coverage due to weather, venue restrictions, or other circumstances beyond Photographer’s control.
10. Copyright Terms & Conditions
Title and possession of all photos remain with Photographer until Client has paid in full. All photos are copyrighted and remain the property of Photographer even after delivery. Photographer may use images for advertising, promotion, displays, exhibitions, and other lawful purposes. Photographer reserves creative rights to edit and release only images deemed professional in quality. Client receives a limited, non-exclusive, non-transferable, revocable license to use photos in accordance with this Agreement. Copying, scanning, reproducing, or posting photos online without written permission is prohibited.
11. Force Majeure Terms & Conditions
If Photographer cannot perform this Agreement due to unforeseen circumstances (including inclement weather, severe traffic, fire, terrorism, or equipment damage), Photographer shall return fees paid by Client (less the retainer fee and expenses) but shall have no further liability.
12. Indemnity Terms & Conditions
Client agrees to indemnify and hold harmless Photographer, its employees, subcontractors, agents, and successors against any claims, damages, liabilities, or expenses (including attorney’s fees) arising from this Agreement, including but not limited to negligence or warranty disputes.
13. General Provisions Terms & Conditions
This Agreement may only be modified in writing and signed by both Parties. Additional Terms & Conditions on our website or Client’s invoice may also apply. The Agreement shall be governed and interpreted under the laws of the State of New York and applicable federal laws.
Part 2: Product Sales Terms & Conditions
These Terms & Conditions apply to all physical goods purchased from DennisNewsham.com, including calendars, puzzles, framed prints, scarves, totes, magnets, pillow covers, stationery, and other merchandise.
1. Orders & Availability
All products are subject to availability. Some items may be restocked, while others — such as limited-edition or seasonal items (including the Wild New York calendar) — may not be restocked once sold out.
2. Pricing & Payment
Prices are listed in U.S. dollars and include free U.S. shipping unless otherwise stated. Payment must be made in full at the time of order.
3. Shipping Terms & Conditions
Orders are shipped via USPS (or comparable carriers) with tracking included. Typical delivery time is 3–7 business days within the contiguous U.S. International orders, Alaska, Hawaii, and U.S. territories may require additional shipping charges. Dennis Newsham Photography is not responsible for delays caused by carriers.
4. Returns & Refunds Terms & Conditions
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Calendars, magnets, and limited-edition products: Final sale, non-refundable.
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Defective or damaged items: Customers may request a replacement within 7 days of delivery by emailing info@dennisnewsham.com.
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Prints & custom orders: Final sale, non-returnable.
5. Product Images & Colors
Efforts are made to display products accurately. However, variations may occur due to monitor settings or production methods.
6. Copyright & Usage
All designs and photographs remain the copyright of Dennis Newsham Photography. Products are for personal, non-commercial use only. Reproduction, resale, or modification without permission is prohibited.
7. Warranty & Liability Terms & Conditions
All products are sold “as is” without any additional warranties beyond what is required by law. Dennis Newsham Photography is not responsible for any misuse of products after purchase. Liability is limited strictly to the replacement of defective items within the stated return window. Dennis Newsham Photography is not liable for indirect, incidental, or consequential damages arising from the use of purchased products.
Closing Statement
These Terms & Conditions for Dennis Newsham Photography — covering both commissioned services and product sales — are subject to change at any time without notice. Continued use of this website and purchases from DennisNewsham.com signify agreement with the latest version of these Terms & Conditions.