Free Headshot Photo

Terms & Conditions

 

  

 

Recital
Client wishes to obtain the services of Photographer and Photographer wishes to provide services to Client. This Agreement becomes effective upon the Parties signing and dating this agreement, below.


Services
Photographer will photograph Client for up to 15 minutes beginning at the Client's chosen time. This time frame will be referred to as the Session. Photographer will provide Client with access to an online Client Gallery only and in accordance with the rest of this Agreement.  Any changes to the date, location, time, or package must be made in writing via email and agreed to by both parties in accordance with the rest of this Agreement.

 

Payment
Photographer will photograph the Client during the Session outlined above and will gift the Client with one digital image at no cost to Client.  Client may purchase additional images for $19 per image. Client agrees to arrive on time to the agreed upon Session indicated above. 

  • Basic Editing will be applied to every photo that will be delivered in the online gallery. Basic Editing includes photo adjustments to elements such as exposure, contrast, highlights, shadows, color, tone, white balance, sharpening, and crop.

  • Retouching may be requested, for no additional cost, on any image selected for purchase. Retouching includes processes such as teeth whitening, blemish removal, bruise removal, and skin smoothing.

  • Premium Editing may be requested for an additional fee of $25 per photo.  Premium Editing includes, but is not limited to, removal of anything from the image, addition of anything to the image, body shaping and contouring, face shaping and contouring, face swapping, alterations to the sky and scenery depicted in the photo, and most other requests involving the use of Photoshop that are not listed above. For Premium Editing requests, a separate invoice will be billed.

Rescheduling & Cancellations
If Client needs to reschedule or cancel session, Client understands that he/she may forfeit the session.  This will be at the sole discretion of the Photographer. Since no monies were exchanged for services, no refunds will be issued.

 

Delivery of Photos
The online Client Gallery link will be delivered to Client via email within two weeks of Session. Photos in Client Gallery will include a watermark that will be removed upon checkout. Client is entitled to one free headshot photo, which Client may choose from the full Client Gallery and individually add to their online shopping cart. Client will receive a code to apply at checkout that will cover the cost of the first photo in their online shopping cart.  Any additional digital photos that Client desires may also be added to their online shopping cart and purchased at a cost of $19 per photo, or $199 for all of the photos in Client Gallery. Retouching requests and Premium Editing requests must be communicated to Photographer via email before checkout and within two weeks of Client Gallery link delivery. Retouching requests will be completed by Photographer and added to Client Gallery within three days of Retouching request. Premium Editing requests may be outsourced and will be added to Client Gallery within one week of Premium Editing request.

Non-digital items such as prints, canvas, cards, and photo gifts are also available for purchase directly from Client Gallery and would be fulfilled through Pixieset and printed by Miller's Lab if purchased. All purchases from Client Gallery are final and non-refundable. 


Archiving Photographs
Photographer will archive digital files of all photos taken for Client for up to 1 year.  Photographer does not guarantee back-up photographs or data after this time.


Intellectual Property Rights & Release Statement
All RAW photos and edited images taken by Photographer and/or his/her assistant remain the sole, copyrighted and intellectual property of Photographer, being that the Photographer is considered the original artist. Photographer maintains the license to reproduce, use and distribute all forms of the photos and images for any personal, business, commercial, marketing or studio purpose. 

 

Print Release Statement
This section grants restrictive permission and license to Client to retain all edited digital images for personal use that were delivered to and purchased by Client.  Client acknowledges that he/she has no rights to any RAW, unedited images, as this is considered Photographer's unfinished work. Client is granted restrictive permission and license to reproduce, display, distribute, and use the delivered copyrighted photographic material for personal use.  Client may not edit or modify works of the copyrighted material without written permission from Photographer.  Client expressly agrees not to screenshot or save any photos taken by Photographer that were not purchased by Client. Client expressly agrees to release to Photographer any proprietary interest in the photographic materials that result from the Session and agrees not to profit from use of photographs in any way. Client may not distribute, duplicate, and/or use the copyrighted material for advertising or commercial use.  If proprietary or commercial interest is to present itself at some point in the future, Client agrees to request commercial licensing rights from Photographer in writing, at which point, a new contract will be drawn if and when the Photographer agrees to the new terms.  Copyright ownership remains with the photographer. 

 

Exclusivity
It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes, but is not limited to professional cameras, cell phone cameras, tablet cameras, and computer cameras.

 

Photographer's Style & Discretion
Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and creative style. Client has no authority to control the manner in which Photographer takes photos, but Photographer will take requests and will make a good faith effort to achieve Client's desired results. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photos.  Client acknowledges that Photographer cannot guarantee any specific results, including Client’s desired result, due to many factors including, but not limited to subjects' willingness to comply and the the fact that photography is a subjective art form.  

 

Appropriate Conduct & Safe Working Environment
Client further understands that Photographer complies with all health and safety laws, directives, and rules and regulations. Client expressly agrees that during the Session, Client and Client's agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photographer reserves the right to end service coverage immediately and/or vacate the session. Photographer shall be entitled to retain all monies paid and Client agrees to relieve and hold Photographer harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer's work. 

Client has the right to refuse any pose or location. It is the responsibility of Client and/or guardian(s) of Client, to refuse to stand or be placed in any position or location where they feel uncomfortable or endangered. If Client and/or guardian(s) of Client, agree to stand or be placed in any position or location during the Session, they assume all risks associated with the position and location. Photographer will not be responsible for any personal injury and/or property damage that might result from Client and/or guardian(s) being injured during a session. 
 

Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 90 days following notice given by it, the other party may thereafter terminate this Agreement upon Notice.

 

Failure to Provide Services
It is at the Photographer's full discretion whether or not to perform services that Client is requesting. If Photographer cannot or will not perform this Agreement in whole or in part, Photographer will return all retainers and fees to Client and shall have no further liability with respect to this Agreement. In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. This applies to any and all circumstances including, but not limited to sudden injury, illness, lost or damaged equipment, camera malfunction, or acts of God.  Photographer shall only be liable up to the price of this Agreement.

 

Non-Disparagement & Arbitration
Photographer and Client agree that they will not at any time during or after the term of this Agreement make any disparaging, degrading, offensive, or otherwise negative remarks orally or in writing in any medium, including, but not limited to social media. In the event of a legal dispute between Client and Photographer that arises out of or in connection with this contract that cannot be resolved through mediation, both Parties agree that the matter will be settled by arbitration administered by the American Arbitration Administration.


Governing Law & Venue
This Agreement is governed by the laws of the State of Texas. Client and Photographer agree to carry out this Agreement in regards to the laws that govern the county in which services are taking place.

 

*Client attests that he/she is 18 years or older.