My Terms & Conditions.
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous 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, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Important notes for client:
Sneak peeks are posted on social media unless put in writing that this is not allowed.
Sneaks will be posted within 2-3 business days.
Clients have 3 days to pick out images.
Once images have been selected they will be delivered digitally via email with 3-4 weeks from the date of selection. Unless it is a special Mini such as Easter or Christmas.
If photographs are needed more quickly than the process above there will be a fee at the discretion of the photographer.
Any extra edits that are to be done by the request of the client will be an extra fee at discretion of client and must be received before the edits will be preformed.
If client would like a CD instead of digital through email it is a $25 fee and must be paid before it is delivered.
If clients fail to pick out their selection within the 3 day time limit, there will be a $35 reupload fee. NO exceptions.
The client understands that downloading to a computer or laptop device are the only acceptable devices to get the best quality pictures. Downloading to phone, tablets, or any other such device will result in poor image quality and is not the photographer responsibility.
Printing at mpix.com is highly recommended. Places such as Walgreens, Costco, Sams's and Walmart is not advised and doing so the photographer is not responsible for poor image quality.
Any extra images beyond what is purchased with the package are $5 extra per.
Change of Date or Time
The Photographer must be notified immediately of any changes in schedule, at least prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client get in touch with the Photographer prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
A retainer fee of full amount is required for all Easter Options.
This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or location restrictions. The Photographer is not responsible for the lack of coverage due to scheduling complications due to lateness of individuals. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is herby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
Photography Is NOT permitted
The Photographer reserves the right to ask those using phones or any other photography object to take pictures to leave and or stop the session at their discretion. Digital images are given to enjoy the freedom of the images.
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
If the Photographer 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, then the Photographer shall have its assigns to perform the Agreement.
If the Photographer or its assigns 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, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Returned checks are subject to a $35 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
Cost of Portrait Photography
Please make all checks payable to Elles Photography