Terms & Conditions
Please read below and sign, indicating your agreement.
This agreement is between One Eleven Photography, Inc., Photographer, and the Client.
1. RETAINER AND PAYMENT:: The Client shall make a non-refundable "session fee" for the amount invoiced and as described above to the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. Upon viewing the final online presentation of images, Client shall choose from one of the collections provided at https://oneelevenphotography.com/family-pricing-2023/. Additional "a la carte" products including individual digital files, prints and books may be purchased after a collection has been purchased. Due to the custom nature of the work, there are no refunds.
2. RESCHEDULING/CANCELATIONS:: If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. In addition, should Client request to reschedule more than two times, such circumstance will be considered a cancellation and the session fee will be forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control.
3. COPYRIGHT:: All photographic materials, including but not limited to unedited RAW files and edited JPGs, shall be the exclusive property of the Photographer. 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 marketing, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographers website, studio, etc. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the 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.
4. CLIENT USAGE:: Upon delivery of the digital files to Client's physical control, Client shall gain personal non-commercial rights to the purchased images including on social media including Facebook and Instagram. However, Client shall not ALTER the digital images in any way including cropping, applying additional filters or editing them in any way.
5. LIMIT OF LIABILITY:: Although care will be taken with the digital files, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, or any cause beyond their control. In any event, the limit of Photographer's liability shall not exceed the contract price stated herein.
6. DAMAGE:: Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
7. EMPLOYMENT: This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.