TERMS & CONDITIONS AGREEMENT
Booking and Rescheduling
A 40% booking retainer (excluding weddings - see Traditional or Elopement Page for pricing & retainer details), required of all sessions, is nonrefundable. If the session is less than 2 weeks away, the entire amount of the session is due upon booking. Rain dates for outdoor sessions will be rescheduled at the convenience of the client & photographer. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot. Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. Deposits are transferable if a date change is necessary.
Sole Photographer During Session
During your photography session with Graceful Shutter Photography, the Photographer (Brandy) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. Doing so may result in end of session, per the photographers discretion.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Graceful Shutter Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Brandy McShan Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints.
You are permitted to click the “share” button on any photos posted to Graceful Shutter Photography ’s facebook page. Sharing can be done via the Proofing gallery also.
Proofs and Ordering
Your portraits will be available on Graceful Shutter Photography’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 15 business days after the date of the session. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired.
Graceful Shutter Photography reserves the right to edit and release only the images that are deemed credible as professional in quality and within Graceful Shutter Photography ’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of acne, rashes, and accidental last-minute scratches, bumps, etc.
Once again, edits are solely made by Graceful Shutter Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Copyright and Reproductions
Graceful Shutter Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, marketing literature, website, or for display within or on the outside of the Photographer’s studio.
Retainers and Payment
The Client shall invoiced a retainer fee by the Photographer to perform the services specified herein. At such time as this order is completed, the retainer shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full at least 3 day prior ( excluding weddings - see Traditional or Elopement Page for pricing & retainer details) to the session for the service to be provided. Graceful Shutter Photography accepts cash, checks, and all major credit cards. A $20.00 fee will be imposed for any returned checks.
The Client is obtaining photography services for personal use only and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of Graceful Shutter Photography.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Brandy McShan Photography suggests printing from professional printing labs, as use by Graceful Shutter Photography printing services per the clients gallery, to receive highest quality prints and will be the only way the photos are guaranteed.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties (other than rain), or due to Photographer’s illness, then the Photographer shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply, in the event, the photographic materials are damaged in processing, lost through camera 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 more than the retail value of the Client’s order or as much as the Client as previously paid.
Handle your portraits with extreme care. Damage incurred because of improper handling, framing or hanging is the responsibility of the client.
Safety & Cooperation
Graceful Shutter Photography reserves to right to terminate coverage and this contract and leave the location of the event(s) if the photographer representing Graceful Shutter Photography experiences inappropriate, threatening, hostile, uncooperative or offensive behavior from person(s) at the event(s). Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% retainer is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Re-shoots are determined at the discretion of the photographer. Re-shoots will not be offered for poor choices in clothing, make-up, hair, weather related and behavioral issues or events that are beyond Photographer's control.In such circumstances, the retainer fee and any deposits paid will be non-refundable.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement, as a whole, shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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 Agreement. This Agreement shall be governed by the laws of the States of Texas.
The Photographer: Brandy McShan & Graceful Shutter Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Graceful Shutter Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed unless the photography contains either Graceful Shutter Photography’s logo, watermark, or proof stamp.
Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as stand-alone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future
Print Purchases: All orders for albums, reprints, products and enlargements must be paid for at time of ordering (if package with album has been chosen). Any further changes/edits to photographs will be charged at the normal rate of $40.00 per hour with a minimum 1 hour charge. We work with professional photo labs that produce high quality prints. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Printing from a third party or "discount printing company", including but not limited to - Walmart, Costco, Walgreens, CVS, Shutterfly and any online discount print website is strongly advised against. Our portrait colors are only calibrated for the professional print lab in you gallery. Brandy McShan/Graceful Shutter Photography is not liable for the quality of images printed by any imaging lab, both professional and non-professional.