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all the fun stuff: photography terms & conditions

Below are the terms and conditions for our photo session.

A hard copy or digital contract will be provided for your signature on or before our scheduled session date.

Please feel free to review the terms below in advance and reach out if you have any questions.

SCOPE OF WORK.

This contract is for services and products related to the identified photography session type (hereafter “session” or “the session”). The photographer and THE CLIENT are to arrive for the session at the time and location discussed and / or to be confirmed via email or text message. High-­resolution digital files will be available for THE CLIENT within 3 weeks after the photo session date. MLS PHOTOGRAPHY agrees to deliver no fewer images than that detailed in the season type and is not required to provide more than that number of images. MLS PHOTOGRAPHY will perform basic post-processing or digital image editing where artistically necessary. 

 

PAYMENT & PAYMENT SCHEDULE.

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $50 as a session retainer within 24 hours of booking a session for a session amounting over $500.00. The remaining balance must be paid within 24 hours of the session date or upon the return of this contract, unless otherwise agreed upon in writing by THE CLIENT and MLS PHOTOGRAPHY. Checks shall be made payable to “MLS Photography, Art, and Design LLC.” No amount that is due or has been paid shall exceed the total cost agreed upon between THE CLIENT and MLS PHOTOGRAPHY. MLS PHOTOGRAPHY is not obligated to fulfill this agreement or release photos if payment is not successful.

 

REFUNDS & CANCELLATIONS.

Any amount paid for services agreed upon in this contract by MLS PHOTOGRAPHY shall be refunded in full if not fulfilled by MLS PHOTOGRAPHY. In the event that  THE CLIENT cancels the contracted services or misses the session, THE CLIENT agrees to forfeit any session retainer. MLS PHOTOGRAPHY is not subject to pay any Liquidated Damages in relation to this contract or services provided.

 

LATE ARRIVALS.

If either party is expecting to be late to the scheduled session, the party will make every reasonable effort to notify the other via phone call, text message, or email. In the case of late arrival of the CLIENT, MLS PHOTOGRAPHY may cancel or modify the session length as needed. Modified or canceled sessions due to late CLIENT arrivals will not be discounted and THE CLIENT agrees that the session retainer is forfeit.   

 

LOCATION & TRAVEL.

MLS PHOTOGRAPHY is located in Daleville, Virginia. Any travel required by MLS PHOTOGRAPHY to the agreed upon location that requires more than one hour of travel is subject to a travel fee $25.00 unless otherwise agreed upon by parties.

 

SUBSTITUTE PHOTOGRAPHER.

In the event of illness or other unforeseen circumstances, MLS PHOTOGRAPHY may, but is not bound to, substitute another competent, professional photographer to take the photographs on the day of the photo session.

 

CREATIVE CONTROL.

THE CLIENT agrees and understands that the quality of a photograph is entirely subjective. MLS PHOTOGRAPHY will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of THE CLIENT. THE CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. THE CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning. MLS PHOTOGRAPHY is under no obligation and is not liable to capture any specific moment or pose or person(s) during the session. 

 

COPYRIGHT OWNERSHIP & USE RIGHTS.

MLS PHOTOGRAPHY retains the copyright for the photographs, but THE CLIENT is granted non-exclusive use of the photographs for personal use and reproduction. MLS PHOTOGRAPHY is not responsible for unauthorized use images if images are downloaded from the internet or copies are made from printed materials by an unknown party. 

 

MODEL RELEASE.

A model release form will be provided by MLS PHOTOGRAPHY to be signed by each subject and/or, in the case of a minor, by the parent or guardian of the minor. The model release grants permission for MLS PHOTOGRAPHY to photograph and publish photographs for lawful purposes such as marketing and for portfolio materials. Any special terms or conditions will be included in the release form and agreed to by both parties.

 

PRINT RELEASE & ARTISTIC RIGHTS.

Images may be used by THE CLIENT for personal use only. Photos may be published and used on social media outlets without the written consent of MLS PHOTOGRAPHY; however, the final production and editing styles, effects, and overall look of the images are left to the discretion of the MLS PHOTOGRAPHY. Photographs will not be altered by THE CLIENT in any way (to include social media filters or image cropping) unless otherwise approved by MLS PHOTOGRAPHY).

 

IMAGE ARCHIVAL.

Image archival of is the responsibility of THE CLIENT. MLS PHOTOGRAPHY is not responsible for lost or damaged discs or for keeping images archived after 60 days of the session. After this period has expired, MLS PHOTOGRAPHY has no duty to retain copies or originals of files or photos from the session. It is the responsibility of THE CLIENT to store and backup photos after the 60-day period. This clause is subject to the limitations of technological failure. Computers, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

 

INDEMNIFICATION.

THE CLIENT agrees to hold MLS PHOTOGRAPHY harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from any props, equipment, or object in nature at the session location. THE CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as THE CLIENT poses or works with MLS PHOTOGRAPHY.

 

LIABILITY LIMITATIONS.

If MLS PHOTOGRAPHY is unable to perform to the guidelines of this contract due to a fire or other casualty, act of God, act of terrorism, or other cause beyond the control of the parties, MLS PHOTOGRAPHY shall have no further liability with respect to the agreement and will refund only the amount already paid by THE CLIENT to MLS PHOTOGRAPHY. MLS PHOTOGRAPHY is not liable for any additional costs incurred by THE CLEINT. This limitation of liability will also apply in the event that the digital files are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost with or without fault of the photographer. For any printed photographs, THE CLIENT understands that due to the inherent qualities of photographic dyes and materials, photographs may fade or discolor over time. THE CLIENT agrees to release the MLS PHOTOGRAPHY from any liability for any claims based whatsoever upon fading or discoloration due to such inherent qualities.

 

VENUE & JURISDICTION.

This contract is governed by the laws of the state of Virginia and federal courts in that district. THE CLIENT and MLS PHOTOGRAPHY hereby waive the right to object to a venue within this state.

 

SEVERABILITY.

If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall remain effective.