TERMS & CONDITIONS
1. It is understood that Danielle DeBorde Photography is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness or unforseeable conflicts in scheduling. In the event of such substitution, Danielle DeBorde Photography warrants that the photographer taking the photographs shall be a competent professional.
3. Session fees must be paid on or before the portrait session date. Preview images will not be available until the session fee has been paid in full.
4. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
5. Danielle DeBorde Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Danielle DeBorde Photography in the event of litigation arising out of such use. Client shall permit the Photographer to use images of Client from any portion of the Work for display, Photographer’s web site, publication, social media or other promotional uses without payment of additional compensation to Client or Client’s agents. If Client is a minor, his/her parent or guardian’s signature below shall permit previously mentioned uses of minor’s images.
6. Negatives, digital files and previews remain the exclusive property of Danielle DeBorde Photography.
7. Upon signature and paid date retainer, the Photographer shall reserve the time and date agreed upon.
8. All session fees and retainers are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather. They are transferrable to another date.
9. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Danielle DeBorde Photography, the Photographer may elect to use an alternate location or to reschedule the session.
10. If Danielle DeBorde Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Danielle DeBorde Photography fails to perform for any other reason, Danielle DeBorde Photography shall not be liable for any amount in excess of the retail value of the Client’s order.
11. Danielle DeBorde Photography takes pride in working with clients to provide the best possilbe experience before, during, and after a session and, as a result, providing the best possible photos from the session. However, Photographer is not responsible for client dissatisfaction of final product due to uncooperative children and/or adults participating in the session.
12. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responisible for protecting and caring for his/her printed and/or digital products. Danielle DeBorde Photography is not responsible for any damaged products after successful delivery of said products.
13. The charges in this Contract are based on Danielle DeBorde Photography’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Sales tax of 6.75% will be added to all printed orders. Labor and digital purchases are free of sales tax.
14. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without Danielle DeBorde Photography’s permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
15. REGARDING DIGITAL IMAGES: Client may purchase digital imges at the rate of $20 per digital image. Entire digital galleries may be purchased for $200. Digital images purchased will be delivered via web-based digital download. If the Client looses or damages his or her digital images, Danielle DeBorde Photography will not by liable for such loss or damage and will not replace lost or damaged files. It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of Danielle DeBorde Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.
16. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Danielle DeBorde Photography have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-callibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Danielle DeBorde Photography is not liable for the quality of images printed by any imaging lab, both professional and non.
17. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
APPLICABLE LAW
This contract shall be goverend by the laws of the Country of the United States in the State of Ohio and any applicable Federal Law.
COVID CLAUSE
While DDP will take measures to prevent the spread of COVID-19, client understands that there is inherent risk associated with session. By submitting this form, you are agreeing to notify the photographer immediately if, at any point during the 14 days prior to your session, you or any party present for your session have been knowing exposed to COVID-19. You also are agreeing that you or any party present for your session will not be experiencing COVID-19 symptoms or waiting on a COVID-19 result test at the time of your session. Submitting this agreement also releases DDP from any liability associated with COVID-19. If you or any party present for your session have been exposed, experiencing symptoms, or waiting on a COVID-19 test at the time of the scheduled session, the session will be rescheduled to a later date.
Individuals present for sessions will be limited to those parties being photographed. DDP requires social distance as much as possible, and requests masks be worn during indoor sessions while not being actively photographed.