Please read and agree to the terms of business below before continuing.
PRIVACY No personal and/or session details are divulged to third parties at any time without prior written permission from the Client.
PAYMENT All payments will be submitted either electronically via Square Service or tap-to-pay on a Point-of-Sale (POS) device. Cash payments will not be accepted. Full payment will be due after a review with the Client of the completed work and receiving final Client approval. If the Client approves the completed work, an receipt will be sent to the Client via email. If the client rejects the completed work, they will have the following options:
(1) A single (one) revision of the work to make any desired adjustments may be requested at no additional cost.
(2) The Client may close out the contract meaning (1) the remaining amount to be paid will not be billed and the completed work will not be delivered, (2) a receipt with a zero balance will be sent via email, and (3) the work will placed onto a hard drive where it will be archived and not allowed for use by either the Photographer or the Client.
COPYRIGHT & OWNERSHIP The Photographer retains the entire copyright in all images and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, editorial submissions and use, or for display, within or on the Photographer’s website and/or studio.
The Photographer will retain authorship of the images. This means if any image, or the entire work, is altered in anyway he/she disapproves, they have the right to remove their name from the image or work.
(1) For Portrait Sessions: Client will receive a non-exclusive, non-commercial license to the images for personal use only. Personal use may include sharing on social media, displaying in an online portfolio, or creating prints for personal album or photo book. Images 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 these terms.
(2) For Real Estate Sessions: The Client will receive an exclusive, commercial license to the images for business use only. Business use may include but not limited to marketing materials, an online portfolio advertising on social media, and advertising on real estate platforms such as Redfin, Zillow, AirBnB, or VRBO. Images shall not be submitted to contests or be authorized for any reproductions outside of these terms without written concurrence from the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with these terms.
(3) For Artist Headshots: Client will receive an exclusive license to the images for personal use only or commercial use; whichever must be stated at the time of booking. Personal use may include sharing on social media, displaying in an online portfolio, or creating prints for personal album or photo book. Commercial use may include employee profiles, posters that highlight an employee's accomplishments, or profile pictures for company employee accounts (example: Microsoft 365 Enterprise accounts). If the Photographer provides a digital file print release, the Client must act in accordance with these terms.
(4) For Image Editing Services: Client will retain all copyright and authorship as the original creator(s) of the images. These images may be used for personal use or commercial use at the Client's discretion. Personal use may include sharing on social media, displaying in an online portfolio, or creating prints for personal album or photo book. Images shall not be submitted to contests, reproduced for commercial use, or authorized for any reproductions by the Photographer. If the Photographer provides a digital file print release, the Client and Photographer must act in accordance with these terms.
DELIVERY/RETRIEVAL PERIOD The finished work will be delivered electronically via Google Drive Cloud Service. The Client may retrieve the assets after full payment has been received. The Client may request alternative methods of delivery of the primary method proves insufficient (e.g. email, external hard drive, Dropbox, WeTransfer, etc.). If the Client wishes to receive the work on an external hard drive, a charge equal to the cost of the drive will appear on the final price breakdown and billed to the Client. All files will remain available for retrieval for thirty (30) calendar days from the date of delivery. After the retrieval period is over, all files will no longer be made available and will be stored within an archive on an external hard drive.
If the Client requests an extension of the retrieval period, a fee of twenty percent (20%) of the service price will be charged and the asset(s) will remain available for an additional thirty (30) calendar days.
LIABILITY In the event of photographic failure, liability shall be limited to a maximum refund of monies paid to date, and it is agreed no further claim will be considered at any time. Similarly, should it become necessary to cancel this contract for reasons/events beyond the Photographer’s control, (e.g. death, injury, sickness, hospitalizations, natural disaster etc.), liability shall be limited to a refund of monies paid to date.
REQUESTS/ALTERATIONS All requests and/or alterations to the terms must be submitted in writing. Requests will not be fulfilled and alterations will not be executed unless submitted in writing first. Any changes will be considered on a case-by-case basis. This applies to the Client and the Photographer.