CONTRACT FOR PHOTOGRAPHY SERVICES
You are contracting with Marilyn Riel, dba Menagerie Photography, for photography services. Following are the terms and conditions of this contract.
TERMS & CONDITIONS
AGE OF CONSENT: Only people age 18 or older are eligible for photography services.
PAYMENTS: A session fee is due before your session date and time will be booked. The fee amount is subject to change without notice, but will not change after you have paid it. Credit, debit, and cash are all accepted forms of payment at this time. We do not accept personal checks.
PROOFS: Menagerie Photography will produce the minimum number of proofs promised in the session you have paid for. The photographer has sole discretion in selecting the images to show you from your session and is under no obligation to show more. Un-retouched proofs are never presented or sold to clients.
PRICES SUBJECT TO CHANGE: Prices and products in the product list are subject to change without notice.
SALES TAX: Applicable sales tax will be added to all services and print/product orders.
PUNCTUALITY: Please arrive on time to your appointment. Sometimes shoots are scheduled back-to-back and to avoid a rushed shoot, or having to reschedule altogether, it is imperative that you arrive on time or even a few minutes early. If you are more than 15 minutes late to your appointment, you may be asked to reschedule.
CANCELLATION AND RESCHEDULING: Session fee, required at the time of booking, is not refundable upon cancellation of appointment. If you need to reschedule, you must do so at least 4 days before your scheduled session start time. If less than 4 days’ notice is given, you will lose your session deposit. If more than 4 days’ notice is given, there will be a $50 rescheduling fee upon first time rescheduling. After that, a $100 fee will be charged for each subsequent appointment change. If Menagerie Photography cancels your session and cannot reschedule within 90 days, your session fee will be returned in full. If a “force majeure” causes the cancelation of your session (including but not limited to road closures due to weather conditions, war, and natural disasters), Menagerie Photography may reschedule your session at a future date within 365 days or distribute a refund of the session fee at their discretion.
COPYRIGHT: All product produced under this contract is protected by US Copyright Law. Menagerie Photography is the sole owner and copyright holder of every image taken during your session. You may not scan, copy, photograph, alter, crop, or otherwise change any photo you receive without expressed written permission of Menagerie Photography. You may only post the exact webready file you received from Menagerie Photography on any website or social media site, including Facebook, Twitter, personal blogs, or other sites. You may not crop out or remove the logo from any file you receive from Menagerie Photography.
PHOTO USE IN MARKETING AND ADVERTISING: All clients are required to sign a model release that grants or denies Menagerie Photography permission to use any photo taken of you during your session in marketing and advertising. The model release is revocable or changeable within 5 days of signing. If any discount or product was provided to client related to granting use of this release, payment in full for the value is due upon revoking the model release.
PRIVACY: Menagerie Photography will not sell, rent, or otherwise distribute your personal information to any third party without your express permission.
LIMIT OF LIABILITY: Menagerie Photography will make every effort to provide high quality photography services. Marilyn takes the utmost care with respect to exposure, transportation and processing of photographs using professional equipment and backup equipment. In the unlikely event that your photographs are lost, stolen, or destroyed for reasons beyond her control, her liability is limited to the return of all payment you’ve made to her, including the retainer. The limit of liability shall not exceed payment made by you. The limit of liability for partial loss of digital media/originals shall be a prorated amount of the exposures lost based on the total number of originals.
LIMIT OF FILE STORAGE: Menagerie Photography may destroy, delete, or otherwise erase all photos from your session at any time after you place your order. Marilyn may choose to keep the photos you purchase for a limited time after your order however, images will never be kept longer than 365 days.
PHOTO EDITING: Menagerie Photography will deliver photos that are edited to the best of Marilyn’s ability. Marilyn has no further obligation towards image manipulation once the final product has been ordered.
WARDROBE AND STYLING: Menagerie Photography and any contracted makeup artists, hair stylists, or wardrobe stylists will do their best to style the client in an attractive manner; the client is ultimately responsible for choices in wardrobe, makeup, and hairstyle. No reshoots are available due to client disliking the wardrobe or styling in photos.
FORCE MAJEURE/ACTS OF GOD: Menagerie Photography is not liable for failure to perform your photography session if such failure is the result of Acts of God (including but not limited to fire, flood, earthquake, storm, or other natural disaster), war, or interruption or failure of electricity or telephone. No party is entitled to terminate this agreement in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events that the party substantially fulfilled all nonexcused obligations, and that the other party was notified of the likelihood or actual occurrence of an event described above in a timely manner.