A. Session Fees
Client agrees to pay photographer the entire session amount at the time of booking to secure their appointment date and time. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored. Additional editing is available at additional expense to be determined by photographer.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 60 miles of Brunswick, GA. Any location outside of these limits will be subject to an additional charge of $2/mile as part of the agreement. Photographer lodging is also the responsibility of the client.
It is strongly recommended client arrives 15-20 minutes prior to session for any preparations so that it doesn't interfere with shooting time. Shooting starts exactly when was scheduled and time will not be made up for in instances when client is late - it is simply time deducted from client's allotted session. No refunds will be issued in instances of client being late. No refunds will be issued in instances where client is a no-show. Rescheduling is made at the discretion of the photographer, given photographer's schedule permits. 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. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
Re-shoots are determined only at the discretion of the photographer and will not be given for poor choices of product selection or by not following the recommendations of the photographer. Your photographs are a part of the package you have selected. Once the session has taken place, no refunds will be given as your fee covers the actual session, travel time (if any), editing, and storage of photos. If your total session is less than $250, the entire session fee is due at the time of booking. This is your deposit and applies to the session fee. If you have made payment arrangements with the photographer/if your session is more than $250, a $250 deposit will need to be placed at the time of booking. All deposits are non-refundable from the time of booking.
After 6 months all photos will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
All payments are due in full upon booking unless payment arrangements have been made. (See D.) Orders will not be processed and sessions will not be booked until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
Photographer is not responsible for the damage of photographs after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release
In regard to events: the signer of this agreement speaks on behalf of everybody volunteering to have their photo taken and the following applies.
For all occasions: I hereby give to Leslie Hand Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child and/or products in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she 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 hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Photographer is not responsible for any injuries inflicted upon any participating parties at any time prior to, during, or after the session for any reason. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
J. Copyright & Penalty
Leslie Hand Photography retains all copyrights to all images created during client’s session. The following is not allowed: publication of your photographs (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Leslie Hand Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
K. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins. *Please do not bring any children not being photographed to the session.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.
L. Photo Turn-Around Time
Please allow up to 4 weeks to process and deliver your photos. A link to your online album will be sent to you within this time.
M. Commercial & Real Estate Photography
Copyright & Ownership
The following definitions apply:
“Client Control” means all materials, information, photography, text and other creative content provided by you to us for use in the preparation of and/or incorporation into the Final Imagery and deliverables.
“Final Imagery” means the imagery as is outlined in the finalized proposal and delivered to you.
Delivery of the Final Imagery will include the published form of the images. Subject to payment of all fees and expenses in full, you are granted an exclusive, perpetual, assignable, irrevocable and unrestricted license to use and publish the Final Imagery in accordance with the terms outlined in Permitted Use.
Ownership of Intellectual Property Rights
Unless otherwise provided, all intellectual property rights in the Final Imagery are our sole and exclusive property as and when they are created. Your rights in relation to the Final Imagery are set out in the Permitted Use section below.
Subject to payment of all fees and expenses, you are granted an exclusive, perpetual, assignable, irrevocable unrestricted license to use and publish the Final Imagery. Under this license, we agree to license you to use the Final Imagery on the following terms and conditions, unless specifically agreed, the license does not confer any intellectual property rights to you, except as a licensee, the license will begin operating from the date of payment of our fees in full, you indemnify us, and will keep us indemnified, against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of this license, or any claim by any third party in relation to your use of the Final Imagery, you must not use the Final Imagery so as to derogate or harm or adversely reflect on our reputation; and you must not represent that we have approved or endorsed you, your products or services in connection with the Final Imagery without our consent.
If you require additional copies of the any Final Imagery after delivery, we shall retrieve the information and forward it to you for an additional fee $150 +GST.
Use of the Final Imagery
Notwithstanding anything above, we shall retain the right to use the Final Imagery in our promotional and marketing activities, including participation in photographic competitions, use in photographic publications and electronic, printed or other portfolio use.
If you require us to work in exclusivity, a further fee will be agreed with you. This must be fully paid prior to commencement of work.
N. Photo Selection by Client
Client has two weeks from the day the online album is delivered to select images. After two weeks, client's online album will be deleted and there will be a re-uploading fee of $35 for re-uploading the images for online selection on photographer's website. This fee will be paid via PayPal by the client prior to images being uploaded. Should you still fail to select your images after 1 additional weeks, the images will be removed and an additional $50 will be billed to the client to have them re-uploaded again. If a client fails to select their images in one additional week's time, images will be deleted permanently and will not be re-uploaded for selection. However, client may purchase the entire album for $350 - this is the only way digital images will be delivered at this point.
O. Trade of/Free Services
Terms of this agreement apply to all trade of/free services provided by Leslie Hand Photographer. In any case, Leslie Hand Photography owns the rights to photographs taken/provided by Leslie Hand Photography and photographs may not be dispersed or distributed to any third party, business, vendor, or individual without expressed permission from the photographer. Otherwise, anybody who wants a copy of these photographs must approach Leslie Hand Photography directly. Especially in regard to trade of/free services, photo credit must be give at any available opportunity, especially across all social media platforms.
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