Terms & Conditions
Description of Services
Photographer will photograph the client or the client's desired subject during the session. Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.
The total service fee is reflected on the invoice and includes 5 digital images. Photographer will not reserve the session date and time until the service fee is paid in full. Client may purchase additional photographs or prints from online gallery at a rate of $15 per digital photograph or $150 for full digital gallery. Client may select as few or as many photographs as he/she chooses and is under no obligation to purchase any additional photographs.
Rescheduling & Cancellations
The service fee is non-refundable, but client may reschedule to a new session and apply the previous payments towards the new session, provided all of the following conditions are met:
The rescheduling request must be made more than 48 hours before the scheduled session
The rescheduled session must take place within 90 days of the original session
The session must not have been rescheduled more than two times
If client requests to reschedule with less than 48 hours' notice, or if client requests to reschedule to a date more than 90 days after the original date, or if the client reschedules a third time, the client forfeits all payments made.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, computer cameras, and their equivalents.
Limits of Liability
If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. 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. Photographer shall only be liable up to the price of this Agreement.
Photographer's Style & Discretion
Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.
Photographer will archive digital files of all photos taken for Client for up to 1 year. Photographer does not guarantee back-up photographs, prints or data after this time.
Intellectual Property Rights & Release Statement
All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Shades of Rose Photography any personal or proprietary interest in the photographic materials that result from the session and agrees that Shades of Rose Photography may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting the client.
Print Release Statement
Client is granted restrictive permission to reproduce, display, distribute, or use the copyrighted photographic material for personal use only. Client may not distribute, duplicate, and/or use the copyrighted material for advertising and/or commercial use. Client may not edit, modify, or create derivative works of the copyrighted material without citation to the originator of the material. This form grants permission to print digital images. Copyright ownership remains with the photographer.
Failure to Provide Services
In the event Photographer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
1. Attempt to find another competent professional to take its place
2. If another competent professional is not available, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered
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.
Appropriate Conduct & Safe Working Environment
Client(s) further understand that Photographer complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the session, Client(s) 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 leave the session. Photographer shall be entitled to retain all monies paid and Client(s) agree 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.
Client grants Shades of Rose Photography permission to photograph any minors under the age of 18 who are brought to the session and to use the photos as outlined above.