TERMS & CONDITIONS

Image Usage and Marketing Rights

Grant of Rights: I grant the Photographer the irrevocable, perpetual, and unrestricted right and license to use, publish, display, and distribute any and all photographs taken during the session for marketing, advertising, portfolio, and promotional purposes. This includes, but is not limited to, use on the Photographer's website, social media pages (e.g., Instagram, Facebook), print marketing materials, and professional contests or awards.

Client Waiver: I waive any right to inspect or approve the finished product or the copy that may be used in connection therewith, or the use to which it may be applied.

Opt-Out (Optional but Client-Friendly): For an additional fee, or on a case-by-case basis, I may offer a clause allowing you to opt-out of public sharing, but it should be a clear exception and not the default.

Payment, Rescheduling, and Cancellation

Retainer/Deposit: A non-refundable retainer (e.g., 50% of the total fee) is required to secure the booking date and time. This retainer will be applied toward the total session fee.

No Refunds Policy: The retainer and any subsequent payments made are non-refundable. This covers my time and lost opportunity to book another client once a date is reserved.

Rescheduling: You may reschedule the session one time if notice is given at least 48 hours (or whatever duration I choose) before the original booking date. The rescheduled session must take place within two (2) weeks of the original date, subject to my availability. Failure to reschedule within this timeframe will result in the forfeiture of all moneys paid.

Impending Bookings/Late Booking Fee: Bookings confirmed with less than three (3) days notice (or my preferred timeframe) are considered 'Impending Bookings' and will be subject to a late booking fee equivalent to 20% of the total agreed session price, payable at the time of booking.

Limitation of Liability

Extent of Liability: In the unlikely event that I am injured, become severely ill, or otherwise unable to provide the photographic services on the booked date, I will make every effort to secure a suitable replacement photographer. If a replacement is unavailable, my liability shall be limited to a full refund of all moneys paid. In the event of loss or damage to the images due to equipment malfunction, or any other act beyond my control, my liability shall be limited to a full refund of all moneys paid. Crucially, I am not responsible for any consequential or indirect damages.

Indemnification and Waiver

Rescheduling: You may reschedule the session one time if notice is given at least 48 hours (or whatever duration I choose) before the original booking date. The rescheduled session must take place within two (2) weeks of the original date, subject to my availability. Failure to reschedule within this timeframe will result in the forfeiture of all moneys paid.

Impending Bookings/Late Booking Fee: Bookings confirmed with less than three (3) days notice (or my preferred timeframe) are considered 'Impending Bookings' and will be subject to a late booking fee equivalent to 20% of the total agreed session price, payable at the time of booking.

Artistic Style and Final Product

Artistic License: You acknowledge that I have an established artistic style and that the services are being retained on the basis of my judgment, style, and artistic ability. I reserve the right to use my artistic discretion in the selection and editing of images. You understand that not all images taken will be delivered and that delivered images will be edited at my discretion.

Delivery and Archiving: I will deliver the final images via an online gallery within 2-3 weeks. Original RAW files are not released to you, and I will archive the final edited images for a period of one (1) year.

Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

Dispute Resolution: (Optional but recommended) Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by mediation in [Specify County, e.g., New York County] prior to resorting to legal action.