Terms & Conditions

Nonrefundable Retainer Fee/ Full Payment.

The Client understands and agrees that Photographer is foregoing other employment by entering into this Agreement to secure the Client’s session date/ time on the Photographer’s calendar, and therefore, also agrees and understands that the paid retainer is non-refundable. This amount acts as a deposit which is deducted from the balance, with the remaining balance due at time of the shoot / prior to receiving the final images.. If the photo shoot needs to be cancelled by the client for any reason, the deposit will act as a cancellation fee.

Rescheduling/Canceling.

Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If Client needs to reschedule due to a delay in manufacturing or shipping, Client must notify the photographer in writing at least a week prior to the photo shoot. For larger photo shoots, Client must give the photographer at least 2 weeks notice to reschedule. The non-refundable retainer fee can be transferred to another day and time upon the rescheduling of a session. If the client fails to provide the photographer with adequate notice of the need to reschedule, the photographer will keep the deposit as a cancellation fee to compensate for the inability to rebook the space due to short notice. Client must ensure that adequate time is given when shipping products to photographer, to allow for possible shipping delays.

Refunds.

Due to the custom nature of custom product and commercial photography, digital files cannot be returned and all money paid is non-refundable.

Digital Files.

Approximately 2 weeks after the session date, the agreed-upon number of digital files will be available for viewing and downloading from an online folder. Client agrees and understands that Photographer, in their sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.

Editing.

Client agrees and understands that Photographer edits the proofs at their own artistic discretion, and said editing is included in the session fee.

Archive and Storage.

The Photographer archives all proofed images from each session for a period of 1 month from the date of the session. After that time, the Photographer deletes all proofed images from their hard drive and all external hard drives.

The Photographer is not responsible for digital files once they are downloaded by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.

Force Majeure

Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, and tornado. Photographer will take the upmost care when working with the clients products, but photographer will not be liable for any damages endured during the photo shoot process.

Copyright.

Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client is receiving a Limited Commercial Use License as set forth below. Photographer retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website, portfolio, blog, and social media platforms, including, but not limited to, Facebook, Instagram, and Twitter. Photographer will keep all imagery private until the release of the photo shoot by the client.

Client is welcome to free usage of the images in the form of all digital advertising on both social media and their website, as well as third-party websites. Print advertising in magazines and newspapers is also permitted. Larger forms of print advertising (such as billboards) is not included in the above fee and may incur an additional licensing fee.

Severability.

If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.

Amendments.

Any amendments made and agreed upon must be in writing and agreed upon by both the client and photographer. Client understands that re-shoots are not included in the Photographers fee, unless due to a mistake by photographer that was communicated prior to the photo shoot taking place. Client understands that all details exchanged prior to the photo shoot regarding the creative brief are final and no changes can be made after the photo shoot takes place.

Product storage

After the photo shoot takes place, Photographer will keep products in storage for all monthly clients and those that intend to make another booking within a 3 month period. Photographer reserves the right to dispose of any products without notice after this 3 month period ends, if the client hasn’t made another booking. If Client wishes to have their products returned, Photographer will ship products back to Client at the Clients expense.