Tim Halberg Photography
873 Embarcadero Drive #4
El Dorado Hills, CA 95762
No refunds – all sales are final.
Dates are reserved in our calendar and work is turned away as soon as we received your signed contract and date reservation fee. Because dates are reserved in our calendar and any other prospective clients are turned away for that date, all future payments are due even in the case of a cancellation.
All products go through a final approval process before they are finalized. Because you will have made the final approval, not refunds will be available for approved products – UNLESS the product itself is defective on arrival.
Privacy and Security Disclaimer
Purpose and scope
This Web site is designed to present general information to viewers; it should not be considered advice or fit for any particular purpose by users. Neither the TIM HALBERG PHOTOGRAPHY program nor its associated government and contractor organizations provide any expressed or implied warranty for the information contained in this Web site, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
Within this disclaimer references to ‘TIM HALBERG PHOTOGRAPHY’ include the TIM HALBERG PHOTOGRAPHY Program Management Office (PMO), associated government agencies, and government contractors associated with the TIM HALBERG PHOTOGRAPHY program and providing content or support through the TIM HALBERG PHOTOGRAPHY Web sites.
Limitation of liability
By using information on these Web pages, viewers of these Web pages agree to use the contents herein for informational purposes only. TIM HALBERG PHOTOGRAPHY does not assume any responsibility in the use of this service or its contents for its accuracy, completeness, or currency, nor that such items or use of such items would not violate or infringe rights of others. This service is provided on a strictly “as is” basis. In no event shall TIM HALBERG PHOTOGRAPHY be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to these services, materials, or products. TIM HALBERG PHOTOGRAPHY expressly disclaims liability for errors and omissions in this publication. While we try to keep the information timely and accurate, we make no guarantees. We will make an effort to correct errors brought to our attention. The information we make available is subject to change without notice. TIM HALBERG PHOTOGRAPHY may suspend or discontinue this service at any time. The user assumes the risk of verifying any materials used or relied upon.
Reference in these Web pages to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name does not constitute endorsement, recommendation, or favoring by TIM HALBERG PHOTOGRAPHY. The views and opinions of authors expressed herein do not necessarily reflect those of TIM HALBERG PHOTOGRAPHY, and agreement with those views may not be implied in advertising.
External links (to other sites)
The documents on these Web pages contain hypertext pointers to information created and maintained by other public and private organizations. These links and pointers are provided for our visitors’ convenience. Please be aware that we do not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the server on which the reference is maintained.
TIM HALBERG PHOTOGRAPHY specifically disavows legal responsibility for what a user may find on another site, or for personal opinions of individuals posted on any site, whether or not operated by TIM HALBERG PHOTOGRAPHY, established for the purpose of permitting free exchange of personal opinions or discussion.
Information automatically collected and stored
Access to this server is monitored. The requested documents, the machine originating the request, and the time of the request are logged for access statistics and security purposes. In addition, please be advised that the following information is collected from Web site visitors to measure the capabilities of visitors’ browsers so TIM HALBERG PHOTOGRAPHY can tailor our Web sites to visitor browser capabilities:
- browser name
- screen resolution and color depth
- name of page the browser was on when the information was collected
- requested documents
- machine originating the request
- time of request
- name of domain from which you access the Internet
- date and time of your visit
- pages you visit
- Internet address of Web site you came from (if it linked you directly)
Unless you choose to provide additional information to us, we will collect no personal information about you other than the information (above) which is automatically collected and stored when you visit our site.
If you send us personal information
When you send us personal information (e.g., in an electronic mail message containing a question or comment) or by filling out a form that e-mails us this information, we use this information only to respond to your request.
We may forward your e-mail to the government employee or agent thereof who can best answer your questions. We do not disclose, give, sell or transfer any personal information about our visitors, unless required for law enforcement or statute.
We want to make it clear that we will not obtain personally identifying information about you when you visit our site, unless you choose to provide that information to us. Except for authorized law enforcement investigations, or as otherwise required by law, we do not share any information we receive with anyone else.
Workspaces are available to all interested users of the Information Exchange Package Documentation (IEPD) Tool. To use this tool, a user must request and receive a user account for a workspace and must sign on to participate; information will be recorded about use of the workspace features and associated with personally identifying information. Only an E-mail address is required to obtain a user account and corresponding workspace on this site. Information that you upload to your workspace will not be available to other users unless you intentionally and explicitly mark it shared.
For site security purposes and to ensure that this service remains available to all users, the Web servers at this site use industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload information or change information on the servers for this site are strictly prohibited and may be punishable under local, state, and federal laws, including the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.
Please be aware that your Internet address and messages to TIM HALBERG PHOTOGRAPHY which are submitted to these Web pages may not be confidential because of the inherent openness of the Internet. Our computer systems are subject to monitoring at all times to assure proper functioning of the systems, to provide security for the computer system’s operation and information contained, to prevent unauthorized use, and to deter and investigate violations of law. There is no reasonable expectation of privacy in the use of these Web pages.
The contents of these Web pages are copyrighted by TIM HALBERG PHOTOGRAPHY and all rights are reserved. Contact TIM HALBERG PHOTOGRAPHY for information on permission to use any of the information contained herein.
Order Processing/Delivery and Shipping:
Within the 48 contiguous states should arrive in 5 to 7 business days depending on delivery location. Alaska and Hawaii may take an additional 5 days for delivery and are subject to an additional $40 delivery fee. Alaska and Hawaii are NOT included for Free Shipping.
This privacy notice discloses the privacy practices for http://timhalberg.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via our contact form, email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
1. AGREEMENT, JURISDICTION & SEVERABILITY: Any discrepancies or disagreements to the contract or products must be notified to Tim Halberg/Photographer within 30 days of initial product delivery (eg 30 days from the online link being shared for image download if discrepancy against edited photos, or 30 days from album delivery for albums.) The laws of the State of California shall govern all transactions, and any resulting arbitration shall take place within Sacramento County and Folsom, CA. Client assumes responsibility for all collection costs and legal fees incurred by Tim Halberg/Photographer should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement.
2. AGE: CLIENT(S) affirm(s) that CLIENT(S) is/are at least 18 years old and has the capacity to enter into a contract with Tim Halberg/Photographer.
3. CONTRACTOR: Tim Halberg/Photographer is an independent contractor and not an employee of the CLIENT(S).
4. RESERVATION: Upon your signature, Tim Halberg/Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Date Reservation Fee is non-refundable, even if the date is changed or the wedding cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The Date Reservation Fee is to be paid at time of signing the contract. The Date Reservation Fee is applied towards the contracted wedding photography package. THE CLIENT(S) understand(s) and agree(s) that the entire amount owed for the wedding photography package described in the contract is due as per the following schedule:
5. FINAL IMAGE DELIVERY: After the wedding, Tim Halberg/Photographer will deliver final images online within 90 days after the event date. Final images will be available for delivery by digital download shortly following their online availability.
When an engagement session is included in THE CLIENT’S package the final images will be viewable online within 60 days after the engagement session date.
“Preview” or “sneak peak” image(s) (whether a single image or the full set, or any number in between) may be requested, upon availability, at a rush fee of $600.
Final images will be provided in digital format through an online download unless otherwise stated in the package details. Final images will be delivered in .jpg/jpeg format. Final image dimensions are not specified as custom cropping and adjustment for every final image changes the dimensions on an image-by-image basis.
Final images are selected by the photographer and never include all of the original images captured. Final images are the studio’s select images, narrowed down to the best images that make the Contracting Party look their best and are selected at the discretion of the Photographer. Contracting Party understands they will not have access to or be able to view every image the photographer captures and will only see images delivered as a part of the final delivery.
If Contracting Party would like to see more images than were originally delivered in the final images – a second edit may be requested at a rate of $2,000. As the second edit would only ever deliver “seconds” – eg: images Photographer did not deem of the Photographer’s standards, there is no guarantee to the number of images or quality of images that would be delivered through this process.
6. TERMINATION AND CANCELLATION: This Agreement may be terminated under any of the following conditions:
a. At the Client’s Discretion. Client understands that pursuant to this Contract, Tim Halberg/Photographer may forgo opportunities to book other business on the Wedding/event Date. Client understands that in exchange for this consideration, Client agrees to the following scenarios with regard to refunds/application of monies paid to Tim Halberg/Photographer.
(i) In the event that the Client reschedules the Wedding/event and Tim Halberg/Photographer is able to rebook the original Wedding/event Date, Tim Halberg/Photographer will amend the Wedding/event Date in this contract and Client will receive credit for all monies paid up to the date Client requests the Wedding/event be
rescheduled except for Date Reservation Fee.
(ii) In the event that the Client reschedules the Wedding/event and Tim Halberg/Photographer is NOT able to rebook the original Wedding/event Date, Client will forfeit the Date Reservation Fee and the remaining balance due must still be paid to Tim Halberg/Photographer.
(ii) In the event that the Client cancels the Wedding/event outright, Client will forfeit all monies paid up to the date Client notifies Tim Halberg/Photographer that the Wedding/event is cancelled and the remaining balance must still be paid to Tim Halberg/Photographer. Cancellation must be in writing even if a phone call was made to inform Tim Halberg/Photographer of the cancellation.
b. At Tim Halberg/Photographer’s discretion.
(i) In the unlikely event that Tim Halberg/Photographer is unable to provide the services described in this Agreement on the Wedding/event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Tim Halberg/Photographer, a Substitute Photographer may be sent at no cost to Client. This contract will be transferable to said Photographer. If the Client
declines the Substitute Photographer, the Client may instead terminate this Agreement, and receive a full refund of all money paid.
(ii) In the event Client fails to make full payment due as described under the Payment section of this Agreement within fourteen (14) days of its due date, Tim Halberg/Photographer shall
have the right to immediately terminate this Agreement. Prior payments will not be returned.
c. Return of monies paid.
(i) In the event that any refunds are due under the terms of this Agreement, Tim Halberg/Photographer will effect such refunds to the person or entity from whom or which the funds derived.
7. PRE-EVENT CONSULTATION:
It is strongly recommended that The Client(s) schedule a pre-event consultation or communication before the wedding date to finalize the actual shooting times and locations and any other details of the wedding day.
8. SHOT LISTS: Tim Halberg/Photographer does not work from a wedding day shot list. Posed formal groupings may be put into a list and require that the Contracting Party arranges a friend/family member to be in charge of this list and organizing groups. Photographer is not responsible for any groups and/or individuals missed/not photographed during the day even when included in the posed formal groupings list.
If a shot list, aside from/or in addition to family formals, is given to the Photographer, the Photographer’s job on the wedding day switches from capturing the wedding as it unfolds, into attempting to make sure that each image on the list is captured, resulting in a different style of photography than is viewed on the Photographer’s website. If this happens, the Photographer makes no guarantee of capturing images on the list, or any specific images of the wedding day. In this case, the Photographer also makes no guarantee of delivering images of similar style or quality as seen on the Photographer’s website or any other format of the Photographer’s portfolio.
9. ENGAGEMENT SESSION: If an engagement session is included in the Client’s package, it must be arranged for a weekday, Monday through Thursday. Engagement sessions requested Friday, Saturday or Sunday are billed at an additional $500 and are only available on a limited basis.
If an engagement session is included as a part of the Client’s package, it is the Client’s choice as to whether or not to use that session. If an engagement session is never arranged prior to the wedding date, the session is not transferable for any other shoot or coverage and may only be transferred into a $100 print credit.
10. IMAGE AVAILABILITY: Tim Halberg/Photographer will make images available for online viewing for a minimum of 60 days. The Client may request images be displayed for longer and will be at Tim Halberg/Photographer’s discretion. After 12 months have past since the original image delivery date, if the Client loses their files for any reason, replacement files may be requested for a replacement fee of $800.
11. HOUSE RULES: Tim Halberg/Photographer is limited by the guidelines of the ceremony officiate or the location site management and/or wedding coordinator. The Client(s) agree(s) to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; Tim Halberg/Photographer will offer technical recommendations only.
12. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The images/photographs produced by Tim Halberg/Photographer are protected by U.S. Copyright Law (all rights reserved) and may not be reproduced outside of personal use. Personal use does include, but is not limited to, printing, posting online, making books/albums, framing, and usage on personal items such as coffee mugs or other materials without Tim Halberg/Photographer’s explicit written permission. The Client(s) must obtain written permission from Tim Halberg/Photographer prior to an event where the Client(s), will publish photos outside of personal use, or attempt to sell or make profit using the photographs/photos, and said permission will likely require additional usage fees to be negotiated on a per cases basis or share photos with other individuals.
Client(s) image rights do not extend to family/friends. Anyone outside of the Client(s) must obtain digital files/prints through Tim Halberg/Photographer.
13. MODEL RELEASE: The Client(s) hereby assign(s) and grant(s) Tim Halberg/Photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client(s) or in which the Client(s) may be included, for online portfolio, printed portfolio, editorial publication, advertising online or in print and similar promotional usage; to alter the same photographs/images without restriction; and to copyright the same. The client(s) hereby release(s) Tim Halberg/Photographer and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Tim Halberg/Photographer may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, online advertising, magazine advertising, magazine and online features/publication, and any other purpose thought proper by Tim Halberg/Photographer.
14. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Tim Halberg/Photographer will act as the sole and exclusive wedding photographer, and will have priority over any other type of photographer or videographer employed in connection with the wedding in the positioning of cameras and equipment. (Tim Halberg/Photographer is not responsible if the videographer will not cooperate with Tim Halberg/Photographer’s requests)
Tim Halberg/Photographer reserves the right to bring one or more assistants at his discretion. The formal photography time is for the exclusive use of Tim Halberg/Photographer to capture the formal wedding portraits. Due to time constraints and the need for subjects to pay full attention to the professional photographer, guest photography is requested to be done at a separate time.
Guest photographers can often get in the way and/or interrupt moments that Tim Halberg/Photographer might be trying to capture. Any moments or photos missed due to guests/photographers outside of Tim Halberg/Photographer’s team will not be the responsibilty of Tim Halberg/Photographer and it will not be Tim Halberg/Photographer’s job to ask said guests/photographers to move or stop their actions.
15. PAYMENTS: The Client agrees the date reservation fee is required at the time of contract acceptance and that payments will be made as per the payment schedule outlined in section 4. The client also agrees that the final payment/balance is due thirty (30) days in advance of the wedding day/event per the same schedule.
16. INDEMNIFICATION and LIABILITY: Client will indemnify, defend, and hold harmless Tim Halberg/Photographer, its agents, and employees from all claims. Tim Halberg/Photographer warrants and declares that every effort will be made to provide high quality photographic services. Tim Halberg/Photographer takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and backup equipment. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Tim Halberg/Photographer’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of finals.
17. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Tim Halberg/Photographer cannot place an unconditional guarantee on the above. Tim Halberg/Photographer will not be held responsible for any ruined photographs due to guests’ (or any other party’s) flashes; or any other ruined photographs due to any other cause in or outside of Tim Halberg/Photographer’s control. (For this reason, it is strongly suggested the Client speak to any and ALL other vendors/professionals hired for the Wedding/event date and ensure that no one plans on photographing the wedding/event activities, guests, or details unless specifically approved by Tim Halberg/Photographer) Due to the nature of weddings being a live event, no guarantee of specific images from the wedding day can be made. Tim Halberg/Photographer(s) will do their very best to deliver consistent and professional quality images of the Client’s entire wedding, but it is also understood that uncontrollable variables exist, eg: guests getting in the way, other hired help appearing in the background and/or in the way of specific moments. Tim Halberg/Photographer is a trained professional and always does their very best in dealing with these situations, but can not be responsible for any specific moments during the day.
If the Client hires a videographer – the videographer must first be approved by Tim Halberg/Photographer to ensure shooting styles will not conflict. If the Client hires a videographer that Tim Halberg/Photographer did not approve, Tim Halberg/Photographer is not responsible for any loss to the quality of the images due to the presence or positioning of the videographer and Tim Halberg/Photographer will not be able to guarantee delivery of a style consistent to what was seen on Tim Halberg/Photographer’s website/portfolio.
18. FORCE MAJEURE: Tim Halberg/Photographer is not liable for failure to perform obligations if such failure is as a result of Acts of God, including fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, quarantine, boycott, shortage of fuel, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
19. ADDITIONAL SERVICES/PRODUCTS: Unless otherwise stated, items not included in the contract are subject to any new price increases after booking.
20. COVERAGE TIME: Coverage time begins at the scheduled start time and runs straight through with no pause for driving/traveling time once coverage has started. If a specified number of hours of coverage were agreed upon as a part of the package, additional hours of coverage may be added at $800 per hour. Any extra coverage requested on the day of the wedding beyond the contracted period of time must be paid by the Client before any images will be delivered. If the package coverage is set as “complete” coverage there is no set hourly coverage and therefore no additional fees due if Tim Halberg/Photographer needs to stay longer.
21. PROFESSIONAL IMAGE MANIPULATION: All editing/image processing is to Tim Halberg/Photographer’s discretion to match the quality standards represented in Tim Halberg/Photographer’s portfolio both online and in print. Post production on images/photographic files for final delivery will include color and exposure correction and possibly local dodging and burning at Tim Halberg/Photographer’s discretion. Any special requests for additional image manipulation are not included in the package price and will be quoted on an individual image basis billed at an hourly rate of $300 per hour.
22. FINAL IMAGE QUALITY: Color accuracy can only be guaranteed in final products, eg: prints/albums, which are ordered directly through Tim Halberg/Photographer and/or Tim Halberg/Photographer’s lab. Products ordered using the final images through an outside vendor are outside of Tim Halberg/Photographer’s control. Tim Halberg/Photographer cannot be held responsible if the Client runs into any problems attempting to order products from a vendor outside of Tim Halberg/Photographer’s professional lab/online ordering system.
23. MEALS: Photographer(s) and assistant(s) will be provided a guest seat and meal at any event 7 hours or longer. If a guest meal is not provided, Tim Halberg/Photographer(s) and assistant(s) will need to leave the premises to eat and there is no guarantee on the amount of time they will be away from the event. (A guest seat/meal is requested but not required. Most caterers will not feed event staff/photographers at the same time as guests which results in Tim Halberg/Photographer and assistant(s) juggling event coverage and eating at the same time sacrificing the quality of coverage provided. When seated and fed with guests Tim Halberg/Photographer and assistant(s) are present and available to capture events without any break in schedule/timing).
24. ASSISTANTS AND SECOND PHOTOGRAPHERS: If included in a package, Assistants and Second Photographer’s are an auxiliary to the coverage being provided by Tim Halberg/Photographer and the Assistant/Second Photographer technical abilities and photographic style(s) may not always match exactly what is being provided by Tim Halberg/Photographer. Assistant/Second Photographers are not meant to replace Tim Halberg/Photographer for separate coverage eg: covering the guy’s getting ready while Tim Halberg/Photographer covers the girls getting ready – pulling them away from assisting and providing extra coverage to Tim Halberg/Photographer will be at the Client’s own risk.
Assistants and Second Photographers will be providing their service with Tim Halberg/Photographer for a majority of the wedding day, but they may be released early to go home when Tim Halberg/Photographer deems their coverage sufficient and no longer needs their help (this typically will take place during the reception)
25. WEDDING ALBUMS: Wedding albums include the number of photos specified in the “Package Includes” section of this contract. Additional photos will be billed at $25 per photo. A leather or metal cover is included. Other options may be available at additional fees if requested. Album sizes start at 10×10″ or 9.5×13″ – larger sizes may be available as an upgrade if requested by the Client(S). Albums will be pre-designed custom by Tim Halberg/Photographer. Pre-designed albums may include more than the allotted number of photos – any additional photos in the pre-design would be billed at the additional photo rated referenced in this section of the contract can be be removed from the design or changed at the CLIENT’S request.It is the CLIENT(S) choice if they would like to purchase any of the additional photos.
26. HARASSMENT: In the event of harassment of the photographer or the photographer’s employees/assistants and/or second photographer(s) – one warning may be given, if the harassment continues and the harassing party is not forced to leave the event, the photographer, photographer’s employees/assistant(s) and/or second photographer(s) may leave the event with no refund for any missed coverage as a result of leaving.