Terms & Conditions.
The Services to be provided under these Terms and Conditions are as follows:
- Professional Hair & Makeup
- Photoshoot Experience
- Professional editing services
SESSION FEE AND BOOKING
The client is required to pay a non-refundable Session Fee for the Experience (amount may be altered for sale bookings and/or special promotional offers) for the Photographer to perform the services specified in these Terms and Conditions. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this Fee is earned by the Photographer when paid, and are remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.
*Payment of this fee signifies acceptance of these Terms and Conditions.
CANCELLATION
If the Client requests to amend or cancel 48 hours before the agreed upon photographic event date, the Retainer Fee will be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels within 48 hours before the agreed upon photographic event date, The Retainer Fee shall be forfeited.
RESCHEDULING
In the event that the Client requests to reschedule the Photoshoot, the Retainer Fee shall be applied to a rescheduled event if notice is given at least 48 hours prior to the scheduled event. The client is allowed one reschedule before the Retainer Fee shall be forfeited.
BOUDOIR SESSION
For Boudoir Photoshoots, the Photographer will photograph the client in minimal and sometimes no clothing. Due to adjusting hair or directing the client with posing, the Photographer may have limited contact with the client.
MINIMUM MANDATORY AGE OF 18
The client must be 18 years or older to participate in a Boudoir Photography session.
PAYMENT SCHEDULE
No images or products shall be delivered until the entire amount due is paid in full, and any money paid is non-refundable upon payment, if paid in the interest of obtaining images or physical products.
STYLING
The Client shall retain full responsibility for wardrobe. The Photographer's discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choices. All styling choices made by the Client at the event are final and no re-shoots shall be available due to styling choices. The Photographer retains creative control of the session and does not guarantee to photograph all provided wardrobe choices.
USE OF INDEPENDENT CONTRACTOR
In the event of the Photographer furnishing an Independent Contractor (such as a Hair and/or Makeup Artist), the Photographer shall not be liable for any application or services by this Independent Contractor. This includes, but is not limited to, allergies as a result of 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.
ARTISTIC RIGHTS
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. The Photographer does not provide additional photography sessions in the event the client is dissatisfied with their appearance in the final images.
RAW images are not provided to the client.
PHOTOGRAPHIC MATERIALS
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full.
COPYRIGHT AND REPRODUCTIONS
The Photographer shall retain copyright ownership of all works created in the course of this Contract, 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 without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
CLIENT USAGE
The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use without permission from the Photographer. The Client shall not make, or provide authorisation to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.
SOCIAL MEDIA
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion unless permission is granted by photographer, or the images have already been purchased by client. Client shall identify the Photographer and Makeup Artist (if applicable) in the caption of all photographs uploaded to social media websites and profiles. Clients shall not place any additional colour filtering or changes in the toning of photo with Instagram or Facebook filters.
FORCE MAJEURE
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the Experience Fee 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 the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
PHOTOGRAPHIC MATERIAL ARCHIVAL
The Photographer shall store photographic materials for 1 month or 30 calendar days from receipt of products by client. At that date, all photographic materials may be destroyed unless changes are made in the instance of payment plans or other specific circumstances.
MISCELLANEOUS
The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
Client assumes all responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary.