Terms and Conditions
Retainer & Payment
A deposit fee of 50% of the selected photography package is due at the time of booking to reserve your session. The deposit fee is non-refundable. Upon payment, the photographer will reserve the time and date agreed upon by both parties. Prices are nonnegotiable and only guaranteed once the deposit has been paid.
The photographer reserves the right to offer your session date to another client after 48 hours if your retainer fee has not been paid in full. The remaining balance is due prior to or at your scheduled session. Payment can be made via cash or e-transfer.
If your digital images are damaged or lost prior to viewing your gallery for any reason by the photographer, only then will your retainer fee will be refunded in full. No refunds will be given for dissatisfaction with your images. Print products may not be returned for any reason other than damage or error on the part of the photographer at time of delivery. If your product is damaged on the part of the photographer, it will be exchanged and re-ordered for the same product, undamaged. If your product includes error by the photographer, your product will be exchanged and re-ordered for the same product, error free.
There are no refunds or exchanges on any digital products. The Photographer cannot guarantee a specific number of images provided to the client, and no refund will be given due to lack of subject cooperation.
Copyright & Reproduction
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, blog, facebook pages, and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
The Client shall only use the images, including digital files, in accordance with the permissions within this agreement. The Client’s images are for PERSONAL USE ONLY and shall not be submitted to contests, reproduced for commercial
use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
If negligence on the client’s part, or the part of any individuals that accompany the client to the photo session causes any equipment, props, or any of the photographer’s property to malfunction or become damaged, that the client will be liable for the cost to repair or replace said item(s).
Tardiness on the client’s part may result in reduced shooting time, which may result in less images presented by the photographer. The photographer cannot guarantee a time extension on sessions and will not cut into the shooting time of another session to make-up for lost time.
In the event of bad weather conditions it will be at the photographer’s discretion to cancel the scheduled photography session. The photographer will contact the client if necessary and the session will be rescheduled for another date. If a client selects to proceed with the scheduled session and rain, etc. limits the time and/or images that were able to be captured, the client will be charged for an additional session at the photographer’s regular session rate to reschedule or shoot additional photos.
If client requests to reschedule, or cancel this agreement 5 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon rescheduled date. Cancellation within 4 days or less of the scheduled session or failure to show-up at a scheduled session will result in the retainer being forfeited.
Limitation of Liability
The Photographer’s entire liability to the Client, above named models, or other companions for claim, loss, or injury arising from the photographer’s performance or negligence is limited to a refund to the Client in the amount paid for services. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest.