Terms and Conditions *
The Studio/Photographer in this instance refer to Elle Photography and the Client to the name entered above. By agreeing this is a legal signed document.
• It is understood this Studio/Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.
CANCELATION & RESCHEDULING
• Upon agreeing to these terms and conditions, the Studio/Photographer shall reserve the time and date agreed upon.
• All sitting fees and retainers are NON-REFUNDABLE, even if the session is rescheduled or canceled for any reason other than inclement weather.
• A session needs at minimum 48hr notice to change and only one change is allowed for each session.
• In the event of a medical / family emergency the session may be changed with less than 48hr notice but this will also count as the first change.
• The Studio/Photographer has the right to cancel within 12hrs of session if weather turns suddenly or if an emergency occured.
• At time of booking a fee is required via link below
• No part of any order, including previews, will be delivered until the balance is paid in full.
• The charges in this Contract are based on the Studio’s/Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
NOTICE OF COPYRIGHT
• The Studio/Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Studio/Photographer.
• It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
• Client acquired PRINTING RIGHTS but NOT COPYRIGHT. The Photographs may not be sold without prior notice to the Studio/Photographer and my only be printed.
• The Client never owns the copyright of any photos unless prior agreement with the Studio/Photographer.
• The Studio/Photographer always retain copyright of photos taken unless signed over with special agreement with the client. - Additional costs will be involved in this.
LIABILITY & RESHOOT
• If the Studio/Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
• In the event the Studio/Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of all monies paid.
• Reshoots will only be offered for no additional cost if there were zero satisfactory images to work with, or loss of images due to technical failure and within 30 days of the original shoot.
FINAL FILE DELIVERY & STORAGE
• Final files purchased by client will be delivered via USB or online download. USB will be charged and Taxed accordingly.
• Download links will only be available for ONE week. Any additional uploads will be charged a $25 upload fee.
• The Studio/ Photographer will keep final files backed up on external Hard drives, CD's and Cloud storage for up to 5 years of session but the Studio/Photographer cannot be held liable for any original files not bought at the ordering session or for any final files sent and download to and by the Client. Proper file storage is up to the client and the Studio / Photographer is under no obligation to supply the client with files after purchase and final sign-off of products.
• All printing is done through the Studio/Photographer to ensure quality of product.
• Any printing done by client is out of control of the Studio/Photographer and by signing this agreement frees the Studio/Photographer of quality or printing
• This Contract incorporates the entire understanding of the parties and is governed by the laws of Colorado. Any modifications of this Contract must be in writing and signed by both parties.