Terms & Conditions
2 RESERVATION FEE: The non-refundable fee to reserve your session is $250 and is due upon signing this Agreement.
3 CANCELLATION: Photographer shall reserve the date and time agreed upon, and will not make any other reservations or accept any other clients for said date and time. For this reason, in the event Client cancels the contract for any reason, all monies paid shall be retained by the Photographer in order to offset business loss.
4 RESCHEDULING: Client may reschedule the session if Photographer is given a minimum of ONE WEEK notice prior to the session. The new Session must occur on an available day in November or must take place in January. If the Client fails to reschedule session all monies paid shall be retained by Photographer.
If, in the opinion of the Photographer, inclement weather and other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer, the photographer may elect to use an alternate location, reschedule the session, or refund the Client.
5 FAILURE TO APPEAR: Photographer is not responsible if Client and/or key individuals fail to appear to the portrait session. If Client and/or key individuals fail to appear to a scheduled portrait session during this time, reservation fees paid are non-refundable. In the event of such a failure to appear, the session may be rescheduled at the original Reservation Fee.
6 WORK PRODUCT: Photographer will edit proofs of photos ready to view no more seven days. With the exception of unforeseen circumstances including, illness, a death in the family, or other extenuating circumstances. Proofs are the exclusive property of Photographer and clients have no right to these photos except for a license to review them, but not store the proofs.
Clients will return to the studio for their viewing appointment. During this time clients will be asked to place an order.
No part of any order, including previews, will be delivered until balance is paid in full. Once an order has been sent for production, it is deemed non-refundable.
Photographer agrees to license photos to the Client from the session. All photos delivered to Client are licensed for Clients personal use only.
7 DISCREPTION OF SERVICES: Photographer will make a good faith effort to incorporate Client’s suggestions and to achieve Client’s desired results. However, Photographer will maintain ultimate discretion and control over the session. Client understands and agrees that Client is hiring Photographer to preform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in witch Photographer takes photos. Photographer will use equipment as appropriate and present the photographs photographer finds appropriate. Client has no rights to rescind this agreement in anyway if Client is not satisfied with final photographic images.
8 EDITING AND RETOUCHING: Photographer preforms artistic edits to images as Photographer deems appropriate. Retouching fees are required for editing of photos beyond what is presented during the viewing appointment.
9 ARCHIVING AND RE-ORDERS: Photographer will archive digital files of all ORDERED images for Client for up to one year from the session date. Unordered images will be deleted 30 days following the viewing appointment. Photographer does not guarantee back-up photographs, prints, or data after this time.
10 MODEL RELEASE: Client grants permission to Photographer permission to use client’s images from this session for media for commercial purposes and advertising. Therefore, photographer may use client’s likeness and image on photographer’s website or other advertising.
11 LIMIT OF LIABILITY: Client agrees to hold harmless the Photographer from any dispute in the event the Client or Client’s Children become injured during the portrait session. The Photographer will not be held liable for any injury incurred by the Client, Client’s family, or other participants of any damage to Clients property during the portrait session. In no event shall photographer be liable for any emotional harm to Client or any other party resulting from Photograph’s services. Responsibility and liability is limited to the return of all monies paid.
The Photographer takes the utmost care with respect to exposure, retouching, and transportation of digital captures, proofs, and prints. However, in the unlikely event that all photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged responsibility and liability is limited to the return of all monies paid, or a reshoot can be rescheduled at no additional cost.
If the photographer cannot preform this contract due to any cause outside of control, such as fire, flood, casualty, act of God, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or liability; however, Photographer will return all in full all payments made by Client to Photographer in relation to this session.
Client is aware that color dyes in photographic products may fade or discolor overtime due to the inherent qualities of dyes and the environment in which they are kept. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such qualities.
12 MISC. A. this agreement incorporates the entire understanding of the parties and is covered by the laws of the State of Alaska.
B. Severability: If any provisions of this agreement is held in whole or in part to be unenforceable or waived for any reason, the remainder of that provision and the entire agreement will be severable and remain in effect.
C. Indemnity: if either party is sued or otherwise subject to legal burdens or losses as a result of this agreement and the actions of the other party to the agreement, then the other party agrees to indemnify the burdened party.
I have read and understand this entire agreement, including the terms and conditions and agree to be bound by them. Further, I attest that I am competent to contract in my own name and the names of the others participating in the session, and that I am over 18years old.