Terms of Service
1. Creative Fee.
The Client shall pay a deposit for the Photographer to perform the services. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The photographer will also secure artists for hair and makeup application and wardrobe styling if applicable. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer and her team to schedule other clients during this time.
In the event that the Client requests to reschedule their session, the deposit shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event. Reschedule must be within 6 months of the original date. Only one reschedule is permitted per deposit.
3. Late Arrivals.
Any Client that is late arriving to their session will have the amount of time late deducted from the time allotted for the session. Clients shall not be compensated for the time deducted from the session due to late arrival of the Client.
4. Use of Independent Contractor.
The Photographer furnishes a hair and/or makeup artist and a wardrobe consultant if applicable. The Photographer is not liable for any application or services by these Independent Contractors. This includes, but is not limited to, allergies as a result of the use of the products by the Independent Contractors.
5. Completion Schedule.
The Photographer shall make digital images available through an agreed-upon reveal and ordering appointment. All orders must be placed at this appointment. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Products purchased at the in-person reveal session shall take up to 4 weeks from the time of full payment to be processed and delivered to the Client.
Payment for product orders shall be submitted to the Photographer at the ordering appointment.
Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum. No products, including digital files, shall be delivered until the entire amount is paid in full.
7. Copyright and Reproductions.
The Photographer shall retain copyright ownership of all works created. The Client is granted permission to make additional copies and alterations to all images purchased to use for business and personal needs. Client images shall not be submitted to contests or reproduced for monetary gain.
8. Failure to Perform.
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the Creative Fee to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Arizona.