Terms and Conditions of Agreement
Non-Refundable Deposit Information
The contract and deposit are a requirement for booking and commissioning Sarah as your portrait artist. Your deposit is a non-refundable fee deducted from the overall balance of your session type.
Studio Hours and Availability:
Studio hours are as follows. Studio sessions, consultations, and gown fittings occur during the hours below. COVID-19, gown fittings, studio tours, or in-person consultations are available to booked clients only. Sarah and Kevin are a husband and wife team with seven days/week availability. All newborn, baby milestone, and mini family or mini maternity sessions occur in the studio at 4550 Post Oak Place Drive, Suite 203.
M-F from 9:30 am - 3:00 pm
Saturday and Sunday are 8:00 a.m. - 12:00 p.m.
On Location, Outdoor Maternity, or Family Photography Availability:
Outdoor sessions take place outside studio hours at either sunrise or 30 minutes before sunset. Outdoor sessions are scheduled by directly emailing us via the contact tab. All packages and appointments are available by appointment only.
Studio Policy on Sibling or Child Behavior:
- Under no circumstances are children ever left unattended in the studio. Parents are not permitted to leave our studio or building premises without their child(ren). While we enjoy photographing your family, our professional duty is to photograph your little one. We recommend reserving babysitting or bringing your nanny should you feel the need to leave our studio without your child. We apologize if this offends anyone; however, we've had an incident where children were left unsupervised.
- Children cannot climb shelves, jump on furniture, or use props as toys. My studio and office are my places of business; please be respectful of this. Should your child break or damage a studio item or any studio property, or wardrobe, an invoice for the replacement is billed to you? We also reserve the right to cancel sessions based on hostile interactions, such as when a child destroys property and a parent disregards the behavior.
- Please do not allow your child to eat in our lobby or playroom. Snacks are prohibited as they stain the furniture and walls. Markers, pens, paint, or other craft supplies are not allowed in the studio.
- Recently, we've had an upsetting, destructive incident in which thousands of dollars of studio wardrobe, furniture, and studio property were destroyed.
- If your little one is hungry, there is an open lobby downstairs with seating. Moreover, during the week (M-F), There is a deli downstairs and many great eateries in the Uptown, Galleria, and River Oaks area.
- Toddlers/infants who are bottle-fed or nursing are welcome to use our mothers' room. Always feel free to provide your newborn, Baby, or infant as much nourishment as they need. Snacks apply to children such as preschoolers or elementary-aged kiddos. :-)
Final Payments & Invoices
Your session is due the day before our meeting. If you prefer to pay your collection via cash or check, let me know in advance, and I will collect this upon arrival at your session. Otherwise, I will send a PayPal invoice two days before your session. Your 14-day turnaround time for proofing does not begin until your final payment has been received.
Sessions that remain unpaid after this period will be subject to a $30/day late fee. If that window passes, the images from the meeting are permanently deleted after four weeks. All sessions and products will have a Texas sales tax applied at a rate of 8.25%. No part of any order, including viewing the gallery, will be delivered until the balance is fully paid.
Digital Photos In Your Package:
You'll receive each selected photo as a full-resolution jpeg digital file to enjoy anywhere you want. A matching black-and-white edit is also included in each image you choose. The pictures you do not select are discarded for quality purposes. Upon receiving your digital proofing gallery, you will then have the option to add additional digital files to your package. Your package includes several full-resolution, professionally retouched digital images in your package. A print release and cloud storage recommendations also are included. Under no circumstances do you sell or give away unedited or unfinished work.
Option to Purchase Rush Editing:
If you want to receive your gallery before the 14-day deadline, you are welcome to purchase rush editing for an additional $200 (plus tax). You will receive your gallery within three business days (M-F, excluding weekends, holidays, family emergencies, natural disasters, or vacations).
What is Soft Proofing?
SBP practices soft proofing and watermarked logos on all galleries. Soft proofing means light edits are applied to the top images from your session. This allows me to retouch only the chosen images while showcasing many different pictures from which you'll select. Complete edits, such as skin smoothing, eye sharpening, teeth whitening, etc., are completed once you have chosen your favorite images. Professionally enhanced final edits are finished within three business days after you select your images. The watermark is removed from your last copies.
When You Receive Your Proofing Gallery:
Fourteen days after your session, you will receive a password-protected private proofing gallery of digital files. This is why sessions are due the day of, so I may begin editing. The 14 days do not start until the final invoice has been fulfilled. Remember: this turnaround time is for invoices that are paid on time. If you have filled your invoice later, you will receive additional late fees added to your invoice and push your proofing gallery back by the number of days you were late.
Option to add additional digital files to your package:
Your portraiture package comes with what's listed in the pricing guide. Our studio focuses on selling completed work, such as professionally enhanced, full-resolution JPEG digital files, along with an unlimited print release. While there is no obligation to purchase additional files, they are available at the following rates. You may buy other images upon receiving your online proofing gallery. Images you do not choose are discarded. All purchased images include a matching black-and-white edit. Please note Texas sales tax is added to all purchases at a rate of 8.25 percent.
$50 per single a la carte file
$150 for four additional images
$200 for five additional images
$350 for ten additional images
$400 for 15 additional images
$550 for 20 additional images
$750 for the entire proofing gallery shown. (includes an heirloom 10"x10" genuine leather or linen professional-grade album of your choice displaying the whole session of colored images. It consists of 20 spreads, which are 40 pages).
Membership clients receive the option to either have a second copy of their album as a complementary option or double the number of pages in their final album to 40 spreads, 80 pages.
Unedited images are not available under any circumstances. There is no pressure or obligation to purchase anything beyond your initial investment. Sneak previews are not available without buying rush editing.
Studio Retouching and Editing Policy ( All final and selected images receive as needed) :
- Per your contract, here is our studio editing policy. *All acne, blemishes, scratches, or non-permanent items are removed
*Adjust skintones as needed (jaundice babies, for instance)
*Distracting background objects
*Tears, snot, bloggers, drool, anything of the like
*Skin-smoothing and softening
*Softening/removing bags under the eyes
*Removal of any bumps, bruises, or marks that aren't permanent
*Removing flakes or peeling skin from each person, such as newborns
*Removal of facial shine or excessive sweat
*Stray hair removal from each person as well as flyaway hairs around their heads or shoulders
*Teeth whitening
*Eye sharpening
*Adjusting white balance as needed
*Any bumps or bruises removed as needed
*Eye whitening for those who apply
- Subject to $25 per image, complex edits are sent to a professional retoucher. The following are not included in our standard studio editing policy, though they are available for purchase.
- Please note your images if you are interested in any of the following. The gallery allows you to write notes so we can view them.
- Other examples of complex edits, subject to the $25 quote per image, include braces removal, opening or closing eyes, eyeglass glare, adjusting your clothing, head swaps, opening eyes, and extending backdrops. Adding or removing people from an image, removing cars or buildings, weight loss, body contouring, slimming, and changing backdrops are also complex edits. Moreover, makeup applications, altering hairstyles or nails, removing gray hairs, or changing hair and clothing colors, are also considered complex edits. SBP deems right what is and what is not considered complex.
Digital Download Policy
Once you receive your final gallery, you have 30 days to download these images. After 30 days, the gallery is closed—an archival fee of $50 to reopen the gallery if the window passes. I hold onto final copies of edited jpegs for 12 business months. Clients are responsible for safely archiving their images into the cloud onto an external hard drive and a computer of their choice for safekeeping. You will receive a list of three free cloud storage options you might consider.
LOCATION COSTS
The Photographer will not guarantee or arrange payment at any location.
Rescheduling Policy
Deposit fees are non-refundable, yet they are transferable within 72 or more hours. You may transfer your deposit to another date if 72 hours are provided. If you cancel with less than 72 hours notice, you forfeit your deposit fee and may not reschedule without a new deposit fee. If you must reschedule, the date is moved to your choice of the following three available dates. I cannot guarantee your original day, week, or time will be available, though I will do my best to accommodate. Re-scheduling due to bad weather may occur at my discretion only.
After the Client reschedules for a second time, a new non-refundable deposit is due to move forward with the rescheduling. If a client reschedules a third time, the session is due in full.
CANCELLATION/POSTPONEMENT:
By entering this agreement, the Client understands that Photographer is preceding other photographic jobs. Suppose the Client cancels or postpones the portrait session/ agreement; the deposits paid are non-refundable if less than 72 hours are given. Deposits are transferable if a date change is necessary. Seventy-two hours' notice of postponements or cancellations is appreciated. If a session can't occur on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest possible time, with no additional charge. The Photographer reserves the right to deem what is good weather to photograph a session.
Tardiness Policy:
Your session begins and ends at the time you have been given, no matter when you arrive. It is always best to arrive 15 minutes early so you have time to park, find the studio, and get settled.
Printing Policy:
Sarah Borchgrevink Photography is not liable for the print quality from labs other than the recommended list you will receive. If you are interested in top-quality heirloom items, there is also the option to purchase archival products from Sarah, though there is no obligation. Labs such as Shutterfly, Walgreens, CVS, Target, Wal-Mart, and others are of poor quality and will not match the colors on your screen. I recommend using consumer labs such as Mpix.
Weather Policy for Outdoor, Natural Light Portraiture Sessions
If a session can't occur on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest time possible, with no additional charge. Sessions are rescheduled for the next available business date if the rain percentage is 50 percent or higher on the hourly report in the zip code your session location takes. The forecast is checked via www.weather.com.
Cooperation & No Show Policy
The Photographer is not responsible if the Client and critical individuals fail to appear or cooperate during portrait sessions or for missed images due to details not being revealed to Photographer. If the Client or key individuals fail to perform a scheduled portrait session, the session is non-refundable. The meeting can be rescheduled at the original portrait collection fee.
The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. The Photographer will only wait 15 minutes past the session time if the Client is late. The Photographer retains the right to reschedule the session if the Client exceeds that 15-minute time limit.
RE-SHOOTS
Reshoot Policy
In the unlikely event that the Client is wholly dissatisfied with the final results based solely on personal preference, Photographer will reshoot for the original session costs. The Client can only order prints/digital files from the second portrait session. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (camera failure or exposure problems), Photographer will reshoot at no additional charge.
Print Release from Sarah Borchgrevink Photography, LLC
Sarah Borchgrevink agrees to grant these image rights to the Client with a non-exclusive, limited, perpetual license.
This license allows the Client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
A. Model Release
I, at this moment, give Sarah Borchgrevink Photography the absolute and irrevocable right and permission concerning the photographs that they have taken of myself and my minor child in which they may be included with others:
a) To copyright the same in the Photographer's name or any other name that they may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I, at this moment, release and discharge the Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any claims for libel and invasion of privacy.
B. Liability
The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and themselves and release photographers from any claims against their person or business.
C. Copyright & Penalty
Sarah Borchgrevink Photography retains all copyrights to all images created during the Client's session. A print release will be given with digital files to print portraits for personal use. The print release does not allow publication of your pictures (i.e., entering contests), selling, or altering your images without the Photographer's written permission. It is illegal to copy, scan, download, print, share, modify, or otherwise steal any idea created by Sarah Borchgrevink during the Client's photo session. Suppose the Client takes pictures via any method listed above or any other purpose. In that case, the Client will be invoiced for the cost of EACH digital image client has stolen at Photographer's current price per digital file.
Note from the Photographer: I work very hard to create images that reflect you and your family while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak peek. However, I ask that you link back to my blog/website/Facebook page instead of right-clicking, saving, and sharing the image via your page. I hope you will respect my hard work and the time, money, and dedication I have put into training and equipment to capture these images for you. Please do not steal them.
JPEG Storage of Sessions:
Sarah Borchgrevink Photography, LLC will store the final edited JPEG files for 12 months after your session. Clients are responsible for downloading their sessions, and it is recommended you safely archive your session into the cloud for safekeeping. Sarah is not responsible for clients who fail to save their images properly. Sarah does not hold onto the RAW photos you chose not to purchase. We keep purchasing JPEG images.
It is recommended you download your images immediately.
Travel Expenses:
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and added to the balance due before the session. Travel fees are pre-determined and will be set in the final payment total. Clients are responsible for all location fees and permits. Travel fees are listed on the location list provided to you.
Creative License:
Images are edited at the Photographer's discretion and delivered digital files do not include all images shot. Unedited photos are not available under any circumstances. The Photographer reserves the creative right to edit and release only those images deemed creditable as professional in quality and within the Photographer's artistic spectrum. By signing this contract, the Client is aware of the style of photography that Sarah Borchgrevink produces.
Unforeseen Circumstance Clause
Suppose Sarah Borchgrevink cannot perform this agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, or due to the Photographer's illness. In that case, Sarah Borchgrevink shall return any amount of money paid by the Client but shall have no further liability concerning the agreement. A list of no less than three professional photographers will be given to the Client to make further arrangements for their photography needs. This limitation of liability shall also apply if photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault of Sarah Borchgrevink.
Baby Plan Membership:
The baby plan membership consists of a posed newborn session, a 7-month sitter session, and a 12-month cake smash and bubble bath session. Clients receive a discounted rate for booking multiple sessions together. You also have the option to add an outdoor maternity session or a studio maternity session. Your meetings must be used in 12 months and may not be substituted for any course (i.e., family, maternity, etc.
Re-shoots / Refunds
Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for poor clothing choices, make-up, hair, weather-related issues, or not following the Photographer's recommendations. We do not reshoot or refund newborn sessions based on Baby's cooperation. Re-shoots are determined at the discretion of the Photographer. Re-shoots will not be given for poor clothing choices, make-up, hair, or by not following the Photographer's recommendations.
Session Requests by Sarah Borchgrevink Photography:
- No cameras/camcorders/any recording device (including cell phone cameras) are allowed during the session unless a prior arrangement has been made between the Client and Photographer, including a written agreement. The Photographer will not continue if there are other cameras or videotaping during the session. During newborn sessions, you are free to take behind-the-scenes images from our couch sitting area, but you are not permitted to move our lights, stand behind us, adjust Baby's posing, or block our path, so we're unable to work. We ask for respect for our boundaries and personal space.
- The session starts at the agreed-upon time. It is strongly encouraged to arrive 15 minutes before beginning the outdoor, on-location sessions. This allows for any last-minute feeding, changing, and relaxing before the session starts. For studio sessions, we request you arrive 5-10 minutes before your session due to COVID-19.
- Please do not bring any children not being photographed to the session. Please do not brings friends, grandparents, or other loved ones who are not part of the session. COVID-19 is a severe virus, and we keep the number of people in our studio to those included in the session.
- Please ensure your hair is combed and the face and eyes are clean and free of runny noses. Please bathe the child(ren) on the morning of the session. We are not responsible for editing anything such as snot, boogers, food, tangles in the hair, dirty hands, faces, nails, etc.
- Please avoid eating or drinking red or orange food or drinks before the session, as red and orange tend to leave a stain on the face.
Entire Agreement
This agreement contains the entire understanding between Photographer and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other requirement is also waived. This constitutes an order for one portrait session with Sarah Borchgrevink Photography.
Print Release Recommendations:
The Photographer recommends MPix.com, WHCC, Millers, Smallwoodhome.com, and Shutterfly for printing and products. Chain stores such as Walmart, Walgreens, CVS, Target, SAMS, etc., do not calibrate their printers, resulting in poor-quality images. For more information, please contact the Photographer.