Session Terms and Conditions
Any Client participating in sessions agrees to the following terms and conditions.
NO GUARANTEED RESULTS
Photographer will maintain ultimate discretion and control over the session and will use the equipment that the Photographer finds appropriate. Client’s desired results are limited by the terms of this Agreement. Photographer will try to achieve the Client’s desired results; however, photography is a subjective art form, and the Client acknowledges that the Photographer cannot and will not guarantee any results, including the Client’s desired results.
PRICE
The session fee includes $50 non-refundable deposit. Charges are based on the Photographer’s session pricing at time of booking. This price list is adjusted periodically, and future bookings shall be charged at the prices in effect at the time when the session is booked.
DEPOSIT AND BOOKING
A required non-refundable deposit of $50 is due at time of booking to secure the scheduled session time. The remaining session fee, when due, will be reduced by the amount of the previously paid non-refundable deposit. No photography will take place, and no rights are granted until the entire session fee is paid in full, or a payment plan has been agreed upon between the Photographer and Client. Photographer will not consider the session date and time reserved until the deposit is paid in as stated above. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the Photographer's inability to schedule other clients during this time.
REFUNDS
Once deposit is paid by the Client, the Photographer will reserve the session time and will not make another reservation for the specified time frame. For this reason, all deposits are non-refundable. Refunds will only be allowed as established by the "Cancellations" section of this Agreement.
CANCELLATIONS
For any cancellations made by the Client less than 1 week (7 days) prior to the session date, the Client agrees to pay 50% of the remaining balance due at the time of the cancellation. For any cancellation made by the Client less than 72 hours (3 days) prior to the session date, the Client agrees to pay the full remaining balance. For cancellations made due to reasons related to illness or Acts of God, please see below sections.
For any cancellations made by the Photographer, and no rescheduled session date and time are agreed upon as outlined in the "Rescheduling/Late Arrivals" section of this contract, then the Photographer will refund the full session fee including the $50 deposit to the Client within 2 weeks (14 days) of the cancellation.
RESCHEDULING/LATE ARRIVALS
Any rescheduled session must be within the same calendar year as the originally scheduled session.
Any Client that is late arriving at the event will have the amount of late time deducted from the time allotted for the session. Clients shall not be compensated for the time deducted from the event due to the late arrival of the Client.
FAILURE TO PERFORM/ACTS OF GOD
If the Photographer or Client are unable to perform this contract due to emergency, fire, casualty, strike, an Act of God, or causes beyond the control of the Photographer or Client, the Photographer and the Client shall make every attempt to reschedule the session. If a rescheduled date is unable to be agreed upon, the Photographer shall have no further liability.
ILLNESS
In the event of the Photographer’s foreseeable illness, the Client and the Photographer agree to make every attempt to reschedule the session. If a rescheduled date is unable to be agreed upon, the Photographer shall have no further liability.
In the event of Client’s foreseeable illness, Client will notify the Photographer as soon as possible and will make every attempt to reschedule the session. Any rescheduled session must be within the same calendar year as the originally scheduled session.
STYLING
The Client shall retain full responsibility for styling choices, including but not limited to wardrobe, makeup, and hairstyle. Photographer discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by the Client at the event are final and no reshoots shall be available due to styling choices.
USE OF INDEPENDENT CONTRACTOR
In the event the Photographer or Client furnishes an Independent Contractor (such as a hair and/or makeup artist and/or massage therapist), the Photographer shall not be liable for any application or services by this Independent Contractor. This includes, but is not limited to, allergies because of the use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies and pertinent information to the Independent Contractor.
ATTENDEES
The event shall be closed to individuals being photographed. Absolutely no other attendees are allowed to attend the photo session unless agreed upon by the Client and the Photographer prior to the session.
USE OF ALCOHOL/DRUGS
The use of alcohol/drugs IS NOT permitted during the session. The Client understands that the consumption of alcohol/drugs prior to and/or during the session may negatively impact the results of the images. If alcohol/drugs are consumed during the session the Photographer may cease work and retain all deposits and session fees.
EXCLUSIVITY AND PRIVACY
It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while the Photographer is working unless agreed upon by the Client and Photographer. This restriction applies to the Client and any associates of the Client and includes cell-phone cameras, computer cameras, and their equivalents.
PHOTOGRAPHER’S STYLE & DISCRETION
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer also retains the right to adjust the photographs in post-processing as the Photographer deems within their creative control.
The client understands and agrees that the Client is hiring Photographer to perform the Photographer’s services at the Photographer’s own discretion and style. The client has no authority to control the way the Photographer takes photos. The client has no right to rescind this Agreement in any way if the Client is not satisfied with the Photographer’s photography.
ONLINE GALLERY AND PHOTOGRAPHIC ORDERINGS
The Photographer shall make images available through an online gallery proofing website. These proofs shall be available to the Client within 4 - 6 weeks of the photographic event. If an online gallery is delivered, it shall remain open for 1 year from the date of delivery. If the Client requests to extend the time or reopen the online proofing gallery, an un-archival fee shall apply as outlined in the Archiving Photographs Section below. The Photographer is not responsible for the design or quality of products ordered through the online gallery store. The Client should place orders with sufficient time to allow for normal delays. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
ARCHIVING PHOTOGRAPHS
Photographer will archive digital files of all photos taken for Client after 1 year following the date of delivery. After this time, an un-archival fee of $200 will apply to republish the gallery. After 1 year of archiving (2 years following the date of delivery), Photographer does not guarantee access to digital files or data.
RESTRICTIONS ON PHOTOGRAPHER'S USE OF PHOTOGRAPHY
All photos and images taken by the Photographer and/or their associate photographers remain the sole, copyrighted, intellectual property of the Photographer. The Photographer may not reproduce, use and distribute the photos and images for any personal, business, marketing, or other purposes unless agreed upon between the Photographer and Client. The Client expressly agrees that the Photographer may not showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client's body and personal likeness unless agreed upon between the Photographer and Client using the Pic-Time gallery approval tool provided by the Photographer. Additionally, the Photographer shall not post in digital form, including on any social media website, blog, or application, any photos of the Client unless agreed upon between the Photographer and Client through the use of the Pic-Time gallery approval tool provided by the Photographer.
RESTRICTIONS ON CLIENT'S USE OF PHOTOGRAPHY
The client shall not modify or otherwise alter the photographic materials as outlined in the Copyright and Reproductions Section below. The Client shall only use the photographic materials, including but not limited to delivered digital files in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or sold.
The Client may download, share web/blog post links and social media albums through the use of the share and download functions and dissemination of direct links. The Client shall not copy, screenshot, or capture the photographs in any other fashion.
It is understood that alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include but are not limited to the application of filters.
COPYRIGHT AND REPRODUCTIONS
All photos and images taken by the Photographer and/or their associate photographers remain the sole, copyrighted, intellectual property of Photographer, even after full payment by and distribution to Client. The Photographer may reproduce, use, and distribute the photos and images for any personal, business, marketing, or studio purpose with permission from the Client. The Client expressly agrees that the Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting the Client with permission from the Client using the Pic-Time gallery approval tool provided by the Photographer.
The Photographer shall retain copyright ownership of all works created during the session, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include but are not limited to the application of filters.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT
The Client expressly agrees to make their best efforts to provide the Photographer's space and staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to studio staff, the Photographer will make reasonable efforts to notify the Client. If the Client can respond to the threatening situation in a reasonable amount of time, the Photographer shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client will agree to relieve and hold the Photographer harmless because of incomplete services under this Agreement, or for a lapse in the quality of the Photographer's work. The Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether the Photographer resumes work detailed in this Agreement.
INDEMNIFICATION
The Photographer shall be held harmless for all injury to the Client and the Client’s property during the photography session and the immediately surrounding events including travel to and from the session.
WAIVER AND LIMITS OF LIABILITY
Upon reading this agreement, the Client hereby waives, releases, and discharges the Photographer and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to the Client including traveling to and from the session. The Photographer is not responsible for any injuries inflicted upon any participating parties. The client swears that they are participating voluntarily in the said photography session and forfeit all right to bring a suit against the Photographer and its associates for any reason. The Photographer is not responsible for uncooperative parties. In no event, regardless of the circumstances, shall the Photographer be liable for consequential, emotional, third-party, punitive, or any other damages, including attorney’s fees resulting from the Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this Agreement.
If the Photographer is unable to deliver photographic materials due to technological malfunctions including but not limited to equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
ARBITRATION
Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $3000. In no event shall an award in arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
MISCELLANY
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Pennsylvania.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.