General Session Terms & Conditions
1. Deposit and Payment. Deposit is due upon booking and is non-refundable. Also serves as a cancellation fee. The deposit secures your session date and time once paid. The remainder of the fee is due at the time of session.
2. Cancellation/Reschedule. Visual Moments Photography maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Requests for rescheduling or re-shoots are granted only at the photographer’s discretion. Late arrivals will have an amount of time late deducted from the total time allotted for the Assignment. If the client arrives more than 15 minutes late, SESSION WILL BE CANCELED AND CLIENT'S DEPOSIT IS FORFEITED. Photographers reserve the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
3. Travel and Additional Fees. The client is responsible for covering additional fees and costs related to location choice (admission fees, parking, etc.). Travel up to 25 miles from 33598 included. There is an additional $1 per mile beyond the 25-mile radius. Time and travel above this will be invoiced (contact me for pricing).
4. Electronic Devices. Cameras, cell phone cameras, and camcorders are permitted during sessions but should not infer with photographer's shots.
5. Modifications. If the client has a request for a small alteration of an image, please let the photographer know when you place your order. The photographer can address minor changes at no cost (fix blemishes, tighter crop, etc. for sessions which exceed $85.00 only.), but more involved requests are billed at $15/hr. The photographer will let you know if there will be extra charges before work begins. Once the requested changes are made, charges apply regardless of whether the final product is purchased. Custom props, backdrops, and setup are an additional cost. (Prices range from $35 up to $300.) Custom props will increase the deposit. Must be planned out with the photographer 2 weeks before the session.
6. Payment. The photographer will not begin design work or process orders until payment is complete.
7. Digital Images. If the client purchases the digital download of images, Visual Moments Photography will provide detailed printing instructions. To ensure the best print quality, avoid altering the images before printing. The photographer is not responsible for printing errors or for quality of prints or products printed elsewhere. For best printing quality, Visual Moments recommends BayPhotoLab.com. Digital images will be sent through a website download link unless otherwise requested.
8. Re-shoots / Refunds. Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
9. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links.
10. Photographer’s Standard Price List. The charges in this agreement are based on the 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.
11. Copyright Laws/Model Release. Visual Moments Photography retains the copyright on all images (even those purchased on a flash drive) and reserves the right to use the images 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 photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Studio/Photographer. Under no circumstances, can a client use these images for profit, commercial endeavors, professional display, or in competitions. Copying or scanning images from the client’s gallery, Visual Moments Photography’s website or blog is considered stealing, regardless of the intent for use. NOTICE OF COPYRIGHT: It is ILLEGAL to redistribute these photographs for profit or use other than private consumption without the photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
12. Liability. Client is aware that the quality of the end result print of the digital files delivered is not under the control of the photographer and frees the photographer from any liability for any claims whatsoever based upon discoloration in the end result print. The photographer is not responsible for the quality of services provided by its business partners.
13. If the photographer cannot fulfill this Contract due to fire or other casualty, strike, act of God, or other causes beyond the control of the parties, or due to the 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 photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order. The client releases Visual Moments from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
14. All images are copyright under the Federal Copyright Laws and subject to fines of up to $150,000 if breaking those laws. By signing this contract, you are agreeing not to copy, save, or reproduce images in any way. This includes copying and saving images from the website, blog, Facebook, or any other form of advertisement.
