Terms of service.
Agreement:
The agreement contains the entire understanding between the photographer and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to change this agreement is to do so in writing, signed by both the photographer and clients. If the client wants to waive one part of this agreement, it does not mean the other portions of this form are waived.
Change of date or venue:
The photographer must be notified immediately of any changes to the schedule or location at least two weeks before the scheduled date and time of the event. Notifications may be noted through text and a written form of notice through email for documentation. If an email is sent, a confirmation of receipt must be sent back from the photographer in writing or via email. It is the client’s responsibility to confirm and verify all arrangements at least several days before the photoshoot. In the event of any change, the photographer must be notified.
The photographer asks all clientele to get in touch with the photographer on all details and schedules of events throughout the session. This includes but is not limited to clothing changes, change of appearance throughout the session, accommodations such as movement ability, model expectations, etc. The photographer will make the effort to reach out about details and variability, but it is the client’s responsibility to do so.
Retainer:
A retainer fee of $50.00 is required for all sessions. This is non-refundable. In the event of cancellation, the retainer fee is non-refundable. This covers the cost of damages in case of cancellation or breach of contract by the client. No date is reserved until a retainer is received. The retainer is applied to the total cost of service prior to the additional full amount, which is paid prior or on the day of the event- not after the session. If the payment is not received, the photographer is not expected to attend said session or perform the service, which in this case would not yet be paid for. Additional edits to any services must be paid for before edits are made.
Cancellation:
There shall be no refund of the retainer after signing the agreement and the reservation of the photography date. If the event is canceled within two weeks of the said date, the client shall pay the balance of the full contract due to the high probability that the photographer will not be able to further book that date. Once a balance is paid, it is not refundable, unless the photographer fails to appear at the place and time set for the event specified above. In this case, and only in this case, the 50.00 dollar deposit will be refunded.
If the clientele fails to appear at the service at the above specified date and time or fails to notify the photographer within two weeks before, the entire balance is subjected to being paid, due to the fact another session could have been reserved.
For every ten minutes a client is late to said date and time of appointment, $10.00 will be added onto the charge of services. For every ten minutes the photographer is late to said date and time of appointment, $10.00 will be mitigated from full cost of service.
Expectations:
The client(s) and photographer will cooperate and communicate respectfully throughout the service to achieve the best possible results. Due to the limited and subjected nature of the process, the photographer may not be held responsible for requested photographs not taken or missed, lack of overage resulting from weather conditions, schedule complications caused by but not limited to anyone in or at the event, or location restrictions. The photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients, or other principals. The photographer is not responsible for lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules or restrictions of venue, or the rending of decorations around the environment. It is acknowledged that any lists submitted to the photographer will be used for organizational purposes only and will in no way represent the photography and service being individually produced by this specific artist. The photographer will do their best to fulfill all requests but can make no guarantees that all images will be delivered. The photographer recommends that the client point out particular modes of photography taken that they would prefer, including details, people included, or a particular way of aesthetics. The photographer will not be accountable for any of these said desires, but will try their best to include them during the service provided. The photographer is not responsible for any included individuals during the session who fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the photographer. Clients are responsible for all location fees and permits.
Copyright:
Title and possession of and copyright to all products shall remain with the Photographer until the client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the "images") created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to civil and criminal penalties.
Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer. If purchasing high-resolution images through CD/DVD, WeTransfer, etc, Clients will be given a written release to make personal copies of images. The client understands the images given cannot be used for profit or advertising, and all posting of images on the internet must be acknowledged as images by the Photographer. This includes the physical tagging of the photographer’s social media in preference to solely the mention of them in captions or comments.
Expenses:
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Personal possessions:
The Photographer cannot be held responsible for damage to personal possessions due to environmental events. The client is responsible for arranging personal assistance for garments and responsible for any arrangements out of capability or comfort. This includes sneakers to change into, sunglasses, and toiletries for change of makeup or possible stains due to environment or activity. If any possessions are left behind during a shoot, it is the client's responsibility to retrieve them. Clients are responsible for their possessions and it is in no way the photographer’s job to retrieve or look after any items, but their own during the service.
Creative license:
Images are edited at the Photographer's discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards. All photographs will be watermarked and if posted, are expected to show the watermark included, concerning the copyright portion of this form. After the photoshoot service, simple edits, like straitening and brightening will be included in the photos given. Additional edits will have an additional $20.00 cost. This includes subject removal, specific editing inquiries, skin softening, black-and-white styling, etc.
Disturbances: If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike, or other civil disturbances, acts of nature, including but not limited to, road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability concerning the Agreement. This limitation of liability shall also apply if photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. This only applies to the service for that day, as the retainer is not viable in this circumstance for a refund.
**** Client assumes responsibility for any collection costs and legal fees incurred by the Photographer if enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

