Terms of service

Overview: 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 via email. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived.

Change of date or venue: The Photographer must be notified at least one week prior to the scheduled date of event of any changes in time or location. 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 to solidify the changes requested.

Retainer: A retainer fee of $100 is required for all portrait sessions.

This is a non-refundable retainer and will be applied to the remaining cost of the session. The retainer is to be used on the specific session booked and shall not be transferred to future sessions. In the event of cancellation, the retainer paid is non-refundable. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to deliver final images to the client. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

Cancellation: There shall be no refund of retainer fees if client cancels the photoshoot after the date has been secured and reserved. If the event is cancelled within two weeks of the date, the client shall will not be responsible for paying the remaining balance of the session fee. If cancellation takes place less than two weeks prior to the scheduled event, the client must pay the remaining session balance. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. In the event that the photographer is unable to perform the duties of the session and is forced to cancel, the retainer fee will be refunded in full. (*See also Force majeure) Clients will be notified of such a cancellation as soon as the photographer is made aware of their inability to perform.

Rescheduling: If either party needs to reschedule the session due to illness, family emergency, weather conditions, act of god…etc. They must do so no later than 9am the day of the scheduled event. Photographer reserves the right to refuse rescheduling if the client attempts to reschedule more than three times. In this event, the retainer fee will not be refunded and the photographer is released from all further duties.

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. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. 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.

Clients are responsible for all location fees and permits.

Copyright: 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..

Permission is hereby granted to the Photographer to use any images created during the session for professional samples, displays, website pages, social media content, 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, Clients will be given permission to make personal copies of images. The client understands the images provided cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. Tagging the photography business page is required when sharing on social media pages.

Exclusive photographer: The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Any sessions scheduled outside of the city of Fort Collins are subject to travel fees. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

Creative License: Images are edited at the Photographer's discretion, and delivered galleries 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.

Force majeure: 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 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.

Minors: All persons under the age of 18 years old should be accompanied by an adult for their scheduled session.

Returned checks: Returned checks are subject to a $50.00 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.