Thank you for choosing Ann Ferguson Photography, LLC. In an effort to make sure our session goes smoothly, please provide the following information, read the Terms and Conditions, and print a copy for your records. Please contact Ann with any questions!
PORTRAIT SESSION AGREEMENT
Terms and Conditions
BOOKING POLICY: Session date is not guaranteed upon until the booking process is completed by signing this agreement and a non-refundable deposit ($100) is paid. This is a non-refundable retainer fee which goes towards the total cost of your session.
SESSION FEE: Client agrees to the pricing policies in Ann Ferguson Photography's website at the time of booking. Session fee balance is due before or during the session. All session fees and deposits are subject to a 4.16% HI GET.
TRAVEL FEES: Ann Ferguson Photography does not charge a travel fee for any location within 1 hour of Waimea/Kamuela. Any location outside of these limits will be subject to an additional charge of $25/10 miles.
PHOTOGRAPHY COVERAGE: Ann Ferguson Photography will provide the Client with up to 1.5 hrs of photography on the day of the session. The Client agrees that the Photographer reserves the right to end the session at any time after the Photographer feels they have captured sufficient images to satisfy a gallery. The Photographer reserves the right to end the session at any time due to personal safety concerns or when terms covered by this contract are violated by the Client.
RESCHEDULING: Ann Ferguson Photography allows the client to reschedule the session one time only, for reasons other than illness, inclement weather, travel restrictions and unforeseen circumstances. Client may reschedule their session if notice is provided at least 48 hours prior to their session start time. Should Client fail to give 48 hours notice, or decide to completely cancel the shoot, the session deposit is forfeited, and Client will need to re-book a session with Ann Ferguson Photography at their current rates. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of portraits meeting the artistic standards of Ann Ferguson Photography, the Photographer may elect to use an alternate location or to reschedule the portrait session.
SAFETY: The Client agree to take the responsibility of their own safety and the safety of all session participants before, during, and after the portrait session, regardless of location. The Client agrees to hold Ann Ferguson Photography harmless in the case of an accident, injury, and other unforeseen circumstances. Photographer is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for their children and for themselves and release Photographer/ Ann Ferguson Photography from any claims against their person or their business.
PHOTOGRAPHIC STYLE: The Client acknowledges that they have viewed Ann Ferguson Photography's website and are familiar with her shooting and editing style. The Client agrees that they will receive images reflecting the same shooting and editing style.
IMAGE SELECTION: Ann Ferguson Photography will use their professional discretion when choosing the images for professional editing. The client will receive approximately 50-75 images. The Client shall acknowledge that Ann Ferguson Photography discards any images that do not fit the Photographer's standard of quality. The client agrees that Ann Ferguson Photography does not release RAW files/images under any circumstances.
PROFESSIONAL EDITING: The professional editing of images includes basic retouching and the post-processing of the images the Photographer has selected. Ann Ferguson Photography uses their professional discretion when choosing how to process the final images, and the Client will receive both color and black and white versions of each image.
ONLINE GALLERY: A secure, password protected online proof gallery featuring 50-75 edited images will be delivered to the Client within 2-3 weeks of the session date. A notification will be sent to the Client once the gallery is available for viewing. The gallery will remain active for 30 days during which Client may place print and product orders. After 30 days, the gallery will expire. There is a $50 fee for gallery re-activation. The re-activation period is 48 hours.
DIGITAL IMAGES: The digital images from the session will be delivered to the client via digital download through the online gallery provided allowing the Client to print the images at their convenience. A USB containing the images can be provided for an additional cost which must be paid before delivery. The Client shall become responsible for archiving and protecting their digital images upon receipt.
ARCHIVAL: All images will be available for ordering for one (1) month following delivery of Client proof gallery. After one (1) month, all images will be purged from the Photographer's hard drive, with the exception of those images Ann Ferguson Photography selects to use for marketing and/or 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 Photographer’s control.
ORDERING: The client is not required to place a print/product order after the session. All orders are subject to a 4.16% HI GET and must be paid in full at the time of ordering, unless a payment plan has been arranged. Due to the custom nature of each session, all sales are final. Once print orders are placed, they go into processing at the lab immediately; therefore any print orders placed cannot be cancelled. Any changes to print orders are at the Client's expense. No part of any order will be delivered until the balance is paid in full. All orders will be delivered to the client within 8 weeks after the order in placed.
DAMAGE: The Photographer is not responsible for the damage of portraits after delivery to the Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits upon receipt.
CLIENT USAGE: Ann Ferguson Photography grants permission to the Client to duplicate, in digital or print format, the images for personal use only. Permission is not granted to use any images for commercial purposes. The Client agrees that Ann Ferguson Photography is not responsible for print quality for images not printed through the Photographer's professional lab.
COPYRIGHT AND PENALTY: Per Title 17 of U.S. Code (US Copyright Act) It is ILLEGAL to copy, reproduce, or alter in any way the photographs taken by Ann Ferguson Photography without the express permission of Ann Ferguson Photography. Violators of this Federal Law will be subject to its civil and criminal penalties. Ann Ferguson Photography retains full copyright to all images created during Client’s session. The Client's personal use copyright does not allow publication of your portraits (i.e. entering in contests), selling, or altering (editing or cropping) of your images without the Photographer’s written permission.
INHERENT QUALITIES: The Client agrees that color dyes and inks in prints may fade or discolor over time due to inherent qualities of dyes and inks, and Client releases the Photographer from any liability whatsoever based upon the fading or discoloration due these inherent qualities.
COOPERATION AND NO-SHOWS: The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate for the portrait session, or for missed images due to details not revealed to the Photographer. The Photographer is also not responsible for any missed images due to non-cooperation of any key individuals participating in the session. In the case that the Client fails to appear to the session, the session is considered cancelled and no refunds will be given.
RE-SHOOTS: Re-shoots will not be given for dissatisfaction with personal appearance, poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Re-shoots are determined at the sole discretion of the Photographer.
RECORDINGS: 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 client and photographer, including a written agreement. The photographer will not continue if there are other cameras or videotaping during the session. *
INDEMNITY: If either the Client or Ann Ferguson Photography is sued or otherwise subject to legal burdens or losses as a result of this Agreement and the actions of the other party to this agreement, then the other party agrees to indemnify the burdened party.
ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date if this Agreement will be binding on the parties.