GENERAL CONDITIONS:
The client is responsible for attending the agreed upon session time with Filtered Soul Photography as per the contract.
- The client(s) gives permission and shall allow the photographer to use any photograph of them, the setting, or activities for viewing on our website or social media for promotional purposes only (boudoir not included in social media unless previously discussed & agreed to in writing). The photographer gives permission and shall allow the client to use any photographs/videos received for personal use only.
- It is your responsibility to notify the photographer of any changes in a timely manner. We shall not be held liable for any changes made by you or your selected service providers if not informed.
- The photographer will use their professional judgment when taking action in regard to changes, weather, tardiness, non-performance, etc. based on the situation, time limitations and/or your wishes.
USAGE: Filtered Soul Photography reserves the right to use the negatives and/or reproductions for display, publication, or other purposes. Originals and edits remain the property of the photographer. I grant Filtered Soul Photography the permission to use the images, either wholly or in part, for publication in advertising materials, magazine/online submissions, editorials, websites, blogs, portfolios, displays, or any other promotional methods for Filtered Soul Photography.
FINAL PICTURES: The photographer will choose the best images from your session. The images will be uploaded into an online gallery ready to be downloaded with a code. Additional photos or prints will be available for purchase. The photographer promises to return the online gallery to the clients within 1 to 2 weeks after the session date. If the album is done sooner, we will provide it sooner. Please download and save your gallery within 30 days of receiving it. The photographer is not responsible for maintaining the gallery after 60 days of gallery delivery. Be advised that RAW files may be destroyed at any time after the online gallery has posted. The CLIENT may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of the PHOTOGRAPHER.
RE-EDITS: The client has spent a satisfactory amount of time reviewing the photographer's work and has a reasonable expectation that the photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
RESCHEDULING: In the event that the Client requests to reschedule its session on account of illness, emergency, act of God or any cause outside its control, the retainer will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency). Requests to reschedule by Clients for any reason other than a reason under clause is at the discretion of PHOTOGRAPHER. The rescheduled session must be within 2 weeks of the original session date or a longer period as agreed by PHOTOGRAPHER and Client in writing) and is subject to the availability of the photographer
LATE/DELAYED SESSIONS: Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time beyond the scheduled end time will be billed to the Client but is not guaranteed based on the photographer's predetermined schedule.
INDEMNIFICATION: Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client. PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations.
FAILURE TO DELIVER: Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out above due to the actions of Client or attendees at the shoot that are beyond the control of Photographer (e.g., camera flashes). The photographer will do everything in his/her power to deliver the photos to the best of their ability.
MAXIMUM LIABILITY: Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.
PERMISSION & PERMITS: Client will obtain all permissions necessary for the photographer to photograph at the shoot this includes but is not limited to permission of reception centers, churches, buildings, properties, national parks, and/or other locations. Client understands and agrees that any failure to obtain these permissions resulting in fines to the photographer may be billed to the client.
COPYRIGHT: It is illegal to copy or reproduce these photographs elsewhere without Filtered Soul Photography permission and violators of this Federal Law will be subject to Its civil and criminal penalties. The photographer retains the copyright to all images, per USC Title 17 (US Copyright Law). All photographs, on all social media accounts and websites, including all potential proofs and purchased prints, are copyrighted. The originals remain the property of Filtered Soul Photography. If you are posting any of the files to social media or if you share any files from our social media, you may not alter the image in any way by adding filters or re-editing. We would like you to credit Filtered Soul Photography. 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, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer's website and/or studio. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement.
PRINT & MEDIA RELEASE: I hearby grant full permission for clients to print and use photos/media created for them. You Can: Post on social media channels; print as many as you’d like in any form; & Share the images with friends and family so they can do the same. You Cannot: Edit or alter the images in ANY way or claim the photographers work as your own. This release gives a restrictive release to the client to reproduce, display, distribute, or use the copyrighted photographic material for personal use only. You may print high-res photos. Copyright ownership remains with the photographer.
CONSISTENCY & STYLE: Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions. Client acknowledges and agrees that: Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style. Photographer will use its artistic judgment when providing the Services, and shall have final say regarding the aesthetic judgment and artistic quality of the Services; and disagreement with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
EDITING: Photographer will only provide editing to maintain a consistent color and clarity as well as lite retouching - we do NOT provide extensive editing including editing of body shape or features, object removal, or other intensive custom edits.
PREVIEW: Client hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Photographer has taken of the Client, or the use to which it may be applied. Client waives any ownership and publication right he/she might be entitled of in connection with the Pictures, with the exception of the personal use of the Pictures as part of personal modeling portfolio. Client agrees he/she has no right to sell, license or publish any of the Pictures to any person or entity.
KINDNESS CLAUSE: Filtered Soul Photography does not allow any of the following from clients, friends watching the session, and/or attending family members: the overuse of foul or graphic language, sexual advancement or insinuation, physical force or violence, yelling, repeat phone calls, texts, or emails that supersede the normal levels of communication, bullying, name-calling, general lack of cooperation, and belittling of the duties the photographer was hired to execute. This also includes but is not limited to objectionable behavior or witnessing any illegal acts, or if we are put in a position where we are made to feel unsafe. Doing any one of these above items results in an immediate breach of contract. In this case, the photographer(s) will notify the client that this contract/service has been immediately terminated, photographer(s) will leave immediately, and the client will not be entitled to a refund. The photographer(s) may issue a one time discretionary warning to the client but this is not required by the photographer(s).
MINORS: If the subject(s) are under 18, I give my permission as the parent and/or legal guardian to produce photos of my child(ren) and I am granting permission to share any photos that my child(ren) may be in by Filtered Soul Photography on social media, advertising, portfolios, or any other form of publication representing the photographer(s). By signing this I am stating that I am the parent or legal guardian of the subject(s) and have the legal right and authority to execute the above release on behalf of the minor.