AGREEMENT TERMS & CONDITIONS
1. Sitting Fees: A sitting fee of $150 & signed contract are required to reserve your session date and is non-refundable. Upon payment, Photographer will reserve the time and date agreed upon by both parties.
2. Delivery of Products: Client will receive their products and digital pictures within 15 business days from the ordering appointment, counted from the date after the ordering appointment took place and after the invoice is paid in full for all the products and digitals purchased during the ordering appointment. The photographer will provide the means for the client to obtain electronic copies of the edited photos in medium resolution.
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. RAW pictures or unedited pictures WILL NOT BE DELIVERED.
3. Additional Photography Subjects. The Client shall maintain control of additional Subjects, including children. The Client Shall be responsible for damages to studio and equipment caused by any additional subjects’ actions. It is the responsibility of the Client to ensure the cooperation of additional subjects. No animals shall be allowed at indoor/studio sessions.
4. Printing of The Images: The photographer is not responsible for any prints that are not ordered directly through Francesca Sands Photography.
5. Flash Drive Storage: Due to the lack of information about how long flash drives can hold information, Francesca Sands Photography recommends clients back up images on another media format other than flash drives, such as an external hard drive. Francesca Sands Photography also recommends making multiple copies of the images from the flash drive to ensure the images for years to come. Francesca Sands Photography cannot be held responsible for the failure of the flash drives due to mishandling. It is the client's responsibility to keep several copies of any flash drive in more than one location and back the images up on another format such as a hard drive.
6. Cancellation. If Client requests to cancel this agreement 7 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon reschedule date within one year from the time of the original appointment. If Client cancels their appointment 7 or fewer calendar days before the session date, the retainer shall be forfeit. If Client fails to show up for their appointment, the retainer shall be forfeit.
7. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the sitting fee shall be applied to a rescheduled session if notice is given at least 48 hours prior to the scheduled event. Reschedule must be within one month from the date of the original appointment. Any Client that is late (more than 15 minute tolerance) arriving at the session will have the amount of time late deducted from the time allotted for the session.
8. Failure to Perform: If the Photographer is unable to perform this agreement due to illness, emergency, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the sitting 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 camera and processing, or otherwise lost or damaged without fault of the Photographer, The Photographer will schedule an additional appointment at the first mutually-agreed upon date, for the same session type. If a reschedule is not possible, the photographer will refund the sitting fee in full.
9. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
10. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, social media advertisement, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 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.
11. Client 's Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
12. Personal Information. It is agreed that The Client’s personal information will not be made publically available but may be used directly in relation to the licensing of the content when necessary (e.g. to defend claims, protect rights, or trade unions) and may be retained as long as necessary. Necessary information may be shared with sub-licensees/assignees of the photographer.
13. Food Allergies. The Client acknowledges that the photographer has no responsibility for any injury associated with consumption of any food items. Customer agrees to release photographer from any liability in relation to allergic reactions associated with consumption of any products.
14. Entire Agreement: This agreement contains the entire understanding between Francesca Sands Photography and Client. It supersedes all prior agreements between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.