Terms and Conditions of Service for Shots by Shawn Photography
This Photographer/Client Agreement ("Agreement") is made between the CLIENT and Shots by Shawn Photography ("PHOTOGRAPHER"), whose name and contact information are listed above. By booking or engaging our services, the CLIENT agrees to be bound by the following terms and conditions:
1. Scope of Work
1.1 The PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location, which will be confirmed 2 days prior to the PHOTOSHOOT. Refer to the invoice for details regarding products, inclusions, and fees.
2. Retainer and Payment
2.1 By signing, the PHOTOGRAPHER will secure the agreed-upon time and date, ensuring no other reservations are made for that period.
2.2 A non-refundable retainer of 50% (unless otherwise specified) is required to confirm services outlined in the invoice. For Wedding Bookings, a non-refundable retainer of 30% is applicable to reserve the date. For corporate photography, a non-refundable retainer of 40% is required.
2.3 he remaining balance for weddings must be settled at least 14 days before the event unless payment is made by check. For all other services, the balance after the retainer is due immediately after the PHOTOSHOOT. Services will not commence until full payment is received. Dishonored payments will result in withholding of photos until cleared.
3. Work Product
3.1 All photographs will be shot in digital format. Final digital photos will be made available via a private online gallery no later than 6 weeks after the PHOTOSHOOT.
3.2 Photos will be delivered as high-resolution JPEG files. RAW files will not be provided and may be destroyed any time after the online gallery closes.
3.3 The online gallery will remain open for 14 days after delivery. Additional requests or changes must be made within this time frame.
3.4 CLIENT may download images for personal use only and must not reproduce or use them for commercial purposes or contests without the express written consent of the PHOTOGRAPHER.
4. Rescheduling and Late Arrivals
4.1 Rescheduling due to illness, emergency, or act of God is permitted with at least 3 days' notice or reasonable emergency notice. The retainer will be applied to a rescheduled session.
4.2 Rescheduling for other reasons is at the PHOTOGRAPHER’s discretion. An additional $50 rescheduling fee applies if rescheduled a second time.
4.3 Late arrivals will result in reduced session time. Additional time beyond the scheduled session will be billed to the CLIENT.
5. Cancellation
5.1 Cancellations made less than 24 hours before the PHOTOSHOOT or no-shows will result in forfeiture of all payments made.
6. Indemnification
6.1 The PHOTOGRAPHER is not responsible for compromised coverage due to obtrusive guests, lateness, weather, or venue restrictions.
6.2 PHOTOGRAPHER will not be held liable for missed moments or specific individuals.
6.3 In the event of unforeseen circumstances preventing performance, a substitute photographer may be arranged, or payments will be refunded.
6.4 The PHOTOGRAPHER is not liable for technological malfunctions or loss of data but will refund payments if no photos can be delivered.
6.5 CLIENT agrees to indemnify PHOTOGRAPHER against personal injuries, fines, or issues related to permissions.
7. Timeline and Schedule
7.1 CLIENT must confirm the schedule one week prior to the PHOTOSHOOT. Changes to the schedule must be communicated promptly.
7.2 Additional hours beyond the agreed time will be billed up to $150 per hour.
8. Permissions and Permits
8.1 CLIENT is responsible for obtaining necessary permissions for photography. PHOTOGRAPHER is not liable for issues caused by the CLIENT’s failure to secure these permissions.
9. Exclusive Photographer
9.1 Only the PHOTOGRAPHER and any assistants may take pictures during the PHOTOSHOOT. CLIENT must ensure no other parties interfere with the PHOTOGRAPHER’s work.
10. Copyright and Model Release
10.1 The PHOTOGRAPHER retains copyright of all images and may use them for promotional purposes unless the CLIENT opts out in writing.
10.2 CLIENT grants PHOTOGRAPHER permission to use images containing minors if the CLIENT is the parent or guardian.
10.3 CLIENT may not alter, edit, or commercially use images without the PHOTOGRAPHER’s consent.
11. Social Media and Personal Use License
11.1 CLIENT may share photos on personal and business social media accounts, crediting the PHOTOGRAPHER in each post.
11.2 CLIENT may print photos for personal use but may not sell, license, or use them for commercial purposes.
12. Pricing and Additional Products
12.1 Products or services not included in the initial contract will be charged at the current rate at the time of order.
12.2 Prices are subject to change without notice. Credit vouchers may only be applied to products or services and have no cash value.
Effective Date: January 1, 2025
