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terms and conditions
Signature: This document must be signed at the time of booking. If the contract is not signed upon booking, the photographer reserves the right to cancel the session.
Retainer: Upon booking the Client agrees to pay a non-refundable 50% retainer towards the final cost of the photo session. The other 50% will be paid 24 hours in advance to the scheduled photo session.
Payment: Initial payment of the 50% non-refundable retainer is required at the time of booking; failure to do so will result in the cancellation of the Client's photo session, for which the Photographer will not be held accountable. If the remaining 50% is not paid at least 24 hours prior to the scheduled photo session, the Photographer has the right to terminate the photo session.
Cancelation: In the event of cancelation, the Client understands that the 50% retainer paid upon booking is non-refundable.
Reschedule: If the Client needs to reschedule they must do so at least 24 hours prior to the scheduled photo session. In the event of rescheduling, the Client understands that rescheduling is determined by the Photographer's availability. The photo session may only be rescheduled one (1) time.
Late Arrivals; Client: In the event that the Client arrives late to the session they will A) have the amount of the time late deducted from the slotted time booked and B) will pay an additional charge of 10% if over 10 minutes late. If the Client arrives over 15 minutes late to the scheduled photo session, and has not contacted and spoken to the Photographer directly via phone call, the photo session will be canceled with no refund.
Late Arrivals; Photographer: In the event that the Photographer arrives late to the session, no time will be deducted from your scheduled photo session. If the Client is unable to extend their scheduled photo session time, the Photographer will A) refund the entire photo session if the Photographer arrived to the photo session more than 15 minutes late, or B) reschedule with the Client. In the event of rescheduling due to the Photographer's lateness of more than 15 minutes, the Photographer will refund the Client 15% of their photo session payment.
Weather: In the event of adverse weather conditions that conflict with the scheduled photo session, a rescheduling will take place. The Photographer will inform the Client about the anticipated weather conditions three (3) days prior to the session. Should the Photographer determine that the weather is unsuitable for the photo session, they reserve the right to reschedule.
Time of Day: The Client understands that photography conducted during midday hours (11:30 AM to 3:00 PM) is generally not advisable. The Client recognizes that this timing can lead to harsh shadows and washed-out colors due to the sun's intensity. Additionally, midday lighting often results in unflattering portraits, creating shadows under the eyes and across the face. Achieving proper exposure during this time can be challenging, resulting in images that may be overexposed or underexposed. The Client is also aware that bright light can cause subjects to squint, leading to discomfort. Consequently, the optimal periods for photography are in the morning or after 4:00 PM. The Client acknowledges that should they choose to schedule their photo session during midday, the aforementioned issues may arise.
Consultation: Before scheduling the photo session, the Client and the Photographer are required to conduct a consultation via phone or video chat. During this consultation, they will discuss the details of the upcoming session comprehensively. Following this discussion, the Photographer will confirm the key points addressed during the consultation. After the consultation, the Client will be sent a document to sign, acknowledging terms discussed. By signing, the Client affirms their understanding and acceptance of all aspects covered in the conversation.
Subject Cooperation: Photo sessions are conducted for the duration that has been booked and cannot be extended due to insufficient cooperation from the subject, unless specific accommodations have been arranged (refer to Accommodations). The Photographer is not liable for any lack of cooperation from the subject during the session. The Client acknowledges that inadequate cooperation may adversely affect the quality and quantity of the digital images provided by the Photographer. Should the Photographer be unable to deliver the promised number of images due to a lack of cooperation from the subject, they are not obligated to refund any payments or offer a reshoot.
Accommodations: Accommodations must be explicitly addressed during the client's consultation. Any accommodations agreed upon during this consultation will be incorporated into the contract. If accommodations have not been established prior to the photo session, following the consultation and signing of this contract, the photographer will not be held responsible for fulfilling them.
Subject Presentation: The Client is responsible for ensuring that all individuals featured in the photographs are appropriately presented. This responsibility includes, but is not limited to, adhering to the Photographer's attire guidelines, ensuring that clothing is neatly ironed, free of stains, and worn correctly. Additionally, hair should be styled according to the Client's preferences, faces should be clean and free from runny noses, food residue, or smudged makeup, and shoelaces should be properly tied. The Photographer cannot be held accountable for any deficiencies in presentation. Furthermore, if glasses are worn, the Client acknowledges that glare may occur due to lighting conditions, which may be beyond the Photographer's control; therefore, it is advisable to plan accordingly.
Artistic Rights: The Photographer retains the right of discretion in selecting the photographic materials released to the Client.
Creative Liberties:The Client has reviewed the Photographer's portfolio and is familiar with their editing style. The Client acknowledges that the Photographer will edit the photos according to their expertise, with the understanding that the final images will ultimately reflect the Photographer's artistic judgment.
Satisfaction: The Photographer is under no obligation to refund the Client in the event that the Client is dissatisfied with the digital images delivered. In the event that the Client is dissatisfied with the digital images received, they may schedule a re-shoot at the Photographer's discretion at no extra cost to the Client based on the Photographer's availability.
Unedited Images & Original Copies: The Photographer is under no obligation to deliver or share any unedited images (RAW files) or original copies. All images sent to the Client will be edited. Unedited images are not required to be available to the Client under any circumstances.
Photo Delivery: Photographs will be delivered within four (4) weeks following the completion of the scheduled photo session. However, for event photography or sessions involving six (6) or more subjects, delivery will occur within six (6) weeks. The Photographer is not obligated to provide photographs, sneak peeks, or access to the Client's digital album before the conclusion of the specified period.
Archive: After three (3) months, all ordered images will be purged from the Photographer's hard drive, except as needed for promotional purposes, to be determined by the Photographer at the Photographer's sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the photographer's. control. All photos not ordered will be deleted to make room.
Photographic Materials: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. Gallery proofs shall be available to the Client within 2-
4 weeks of the session or otherwise stated by the particular photo session's agreement.
Copyright and Reproductions: The Photographer owns the copyright for all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submission and use, or for display within or on the Photographer’s website and/or studio including both digital and in physical print. The images given to the Client via online photo gallery will include the Photographer's company logo in the bottom left corner. This watermark will not interfere with the overall integrity and composition of the image and may not be removed by the Client.
Client’s Usage:The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s images are for personal use only and shall not be submitted to contests, reproduced for commercial usage or be reproduced by parties other than the Photographer. If the Photographer provides a digital file print release,
the Client must act in accordance with the release. If the Client does not receive a print release they must purchase the print directly from the Photographer. Purchased prints will include a Rhode Island sales tax of 7%.
Photo Alterations: The Client understands that the images cannot be altered in any way (including significant cropping and/or adding filters) unless approved by the Photographer.
Purchase of Additional Images; Mini Sessions: In the event that there are more than ten (10) digital images available, additional images may be purchased for $16.00 per digital image.
Retouching and Removal: Digital images will be returned to the Client without additional retouching or object removal unless requested directly from the Client. Digital image retouching and/or object removals start at $10.00 per digital image. The Client understands that the Photographer may outsource complex retouching and/or object removals as seen fit. In the case of the Photographer utilizing outsourced services, the Photographer will be in contact with the service directly.
Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
Personal Camera Usage: 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 the Client and the Photographer.
Photo Session Recording: The Photographer may record the photo session using their personal cellphone for social media purposes. By signing this contract, the Client consents to the recording of the session. The recorded material may be displayed on social media, featured on the Photographer's website, or utilized for other promotional platforms.
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Attire: The Client is responsible for adhering to the established guidelines unless explicitly discussed with the Photographer. The Client acknowledges that clothing colors and specified patterns can impact the final images, potentially leading to unsatisfactory results. The Photographer shall not be held liable for refunds or reshoots due to inappropriate attire that adversely affects the quality of the final images.
Attire Guidelines: The Client acknowledges that the most effective images are typically produced when the subject is dressed in light, bright clothing, including solid colors, textured materials, or simple prints. Neutral tones and muted colors, along with minimal jewelry, contribute positively to the final outcome.The Client recognizes that the quality of the images may be compromised by wearing bright colors such as pink, orange, or yellow, as well as neon shades, colors that closely match the background, shirts featuring logos, character or athletic sneakers, watches, excessive jewelry, or garments with "loud" or multicolored patterns, including but not limited to stripes, repetitive shapes, and heavily floral designs.
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Captivating Chaos Photography grants permission to the Client, to print high resolution images for personal use only. I, the Client, may not significantly alter image(s). Altering the image beyond standard cropping and resizing requires permission from Captivating Chaos Photography. Captivating Chaos Photography is not liable for any coloring errors; print quality or cropping upon photo printing.
The images that are being provided to you, the Client, are licensed copies for any reasonable personal purposes, including but not limited to: printing, copying, emailing, social media sharing and all web publishing.
The Client's permissions of photo print release does not grant the use of photographs for monetary gain by the Client unless specifically stated otherwise in writing.
The Client's purchase of the original files releases Captivating Chaos Photography from any liability due to loss or damage of the images, and also releases Captivating Chaos Photography from any obligation to maintain copies of the digital file, image or photograph. I, the Client, hereby grants Captivating Chaos Photography the right to use and publish images and photographs taken at my photography session to further promote their service, including portfolio, web site, social media, display, advertisement, and additional use.
Captivating Chaos Photography agrees to limit the use of these images and photographs to promotional and personal use only. The permissions of print does not grant the use of photographs for monetary gain by Captivating Chaos Photography and any business affiliated with her likeness, unless specifically stated otherwise in writing.
Captivating Chaos Photography agrees not share any images including a minor (persons under 18) via print or digitally without the minor's face being blurred unless given permission by the Client.
Captivating Chaos Photography may revoke this license at any time and for any reason. Captivating Chaos Photography retains all copyright to the images and derivative works thereof. By using any of the images, you are agreeing to the above terms.