Daria Ratliff photography studio policies & terms
1. The session fee/deposit pays for the time and talent of the photographer and for your online proofing gallery and 12 digital polished images. 25% of the session fee deposit is due at the time of booking/reserving your portrait session. Session fees are non-refundable, however with 48 hours notice it can be rescheduled in case of an emergency.
2. If you have a sick pet/child on the day of the session please call to reschedule. If you try to keep the appointment, we will most likely request that you reschedule if we notice your pet/child is sick. Sick or uncomfortable pets/children do not like to be photographed and we know that you will not love your portraits nearly as much as if he or she was in good health.
3. Please bring only the subjects to be photographed to the session. This is especially important with pets and kids, as Lauren will need their full attention on her rather than looking at other members of the family. Of course parents are always welcome!
4. You agree to hold harmless, Daria Ratliff, her representatives, employees and Daria Ratliff Photography, from any dispute in the event you become injured during your session or while on the studio premises.Daria Ratliff Photography and its representatives will not be held liable for any injury incurred by you or your family, or any damage to your property during the photo session or while on studio premises.
5. You will view your portraits in a password protected online proofing gallery. You will have this online gallery entirely available to you for two months and there is a $25 fee to reload your gallery once it has expired.
6. While Daria does capture many images during your session, you will see only those images selected by her, the artist, for previewing. She carefully renders each image to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, blurred etc. will not be shown and are removed from my archives permanently after the artist rendering is complete.
7. When ordering prints and products, due to the custom nature of the work, payment for your order must be placed in full and is subject to a 50% cancellation fee should you change your mind about an order after it is placed. Once an order is sent to the lab, it is deemed non- refundable. Payments may be made cash, check, or direct Paypal account. Payment plan is available.
8. Please allow approximately 2 weeks for your order to be completed. Some orders may take longer. Your portraits are an investment and an heirloom that should not be rushed. You will be notified by telephone or e-mail when your order is ready. Daria likes to personally deliver your order, however, if you are not located in West Houston area, we can ship your order to you for an additional charge.
9. The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs. Violations include, but are not limited to, making illegal copies, scanning and printing from home. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this Federal Law will be subject to its civil and criminal penalties. Please understand, the photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and scar our reputation for providing superior portraits.
MORE FINE PRINT RELEASES:
Client will indemnify photographer against all claims and expenses due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
FILM AND COPYRIGHT: Until final payment for services rendered is made, the photographs produced by Daria Ratliff Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Daria Ratliff Photography’s explicitly written permission. Upon final payment by Client, limited copyright ownership of the resulting images will be transferred to the Client under the following conditions: Until full payment, as agreed herein, is made for services rendered, the photographs and CD(s) are the joint property of both the said client and Daria Ratliff Photography. Client is able to use and have access to the photographs and CD(s) for personal use and for the purposes of reproduction for giving of photographs to friends and relatives.
DIGITAL IMAGES: Definition: “Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client's responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. By signing this agreement, Client accepts Photographer's judgment as to the acceptability of the Images.
ALTERATIONS: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made.
PHOTO CREDIT: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side (of any printed images). If a credit is not provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line. All digital images purchased by client that are used online (Facebook, blogs, etc…) are required to include photo credit to the photographer, Daria Ratliff. It is strictly prohibited that any digital image by Daria Ratliff Photography being used in social media to be altered by the use of filter, crop or any photo edit done by smartphones or by any other software. Daria Ratliff puts long hours of work on each image and altering the final look of the image can hurt the reputation of the photographer.
LIMITATION OF LIABILITY: In the unlikely event that the photographer is injured, becomes ill and/or chooses not to complete the obligations as stated herein, with the exception that if the stated event is canceled by an outside party such as the hotel or establishment where the stated event is to occur, Daria Ratliff Photography will make every effort to secure a replacement photographer. If the above stated situation should occur and a suitable replacement is not found, Daria Ratliff Photography is hereby liable and shall acquire another photographic company or agency to photograph the said event and publish the photographs and/or images under the same terms and conditions herein. Payment to this third party shall be made by Daria Ratliff Photography under the no obligation and/or no liability being transferred forthwith to the said client. The said client remains liable, in this circumstance, to pay Daria Ratliff Photography the fee stated herein. Daria Ratliff Photography takes the utmost care with respect to exposure, transportation and processing of the images and photographs. However, in the unlikely event that the photographs and/or images are lost, stolen or destroyed by acts of God or other actions that are outside of Daria Ratliff Photography’s direct control, Daria Ratliff Photography’s liability is limited to the return of all payments received for the stated event. The said client shall not be liable for further or additional payments if the photographs or images are lost, stolen or destroyed as stated above whilst in the possession of Daria Ratliff Photography. In the event that a partial loss of photographs or images occurs, Daria Ratliff Photography will be liable on a pro-rated basis for the remaining viable photographs or images.
INHERENT QUALITIES: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
PHOTOGRAPHER'S STANDARD PRICE LIST/CORRECTIONS: The charges in this Agreement or on your invoice are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at prices in effect at the time when the order is placed.
PAYMENT: Client agrees to remit a 25% deposit (or stated session fee) in order to reserve their photo session. The remaining balance is due at the time of the photo session. A formal invoice will be emailed or mailed to client.
RESCHEDULING: If the client’s wedding or stated event is rescheduled by a party other than the client, then Daria Ratliff Photography shall make every effort to reschedule with the client. If Daria Ratliff Photography has made commitments to other clients on the proposed rescheduling date that is made by the client, then Daria Ratliff Photography shall suggest another date or another photographer. If neither can be agreed to by either party, then neither party shall continue to be liable for any obligations stated herein. Daria Ratliff Photography shall return any payments that had been made by the client with the exclusion of the non-refundable deposit and 10% of previously agreed costs to offset any expenses that had been incurred in the planning and preparation for the said event.
CANCELLATIONS: In the event that the stated event is canceled solely due to the client and this cancellation is not associated with any other party other than the client, then the client and Daria Ratliff Photography shall work to reschedule the stated event. If an alternative date cannot be a agreed to by both parties, then the client shall be liable for up to but not more than fifty percent (50%) of the fee as stated herein.
FORCE MAJEUER: Neither party shall be liable for any failure or delay in performance under this agreement to the extent said failures or delays are caused by causes beyond that party’s reasonable control and occurring without its fault or negligence including, but not limited to, acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
**CANCELLATION DUE TO WEATHER** If either party must cancel an outdoor photo shoot due to poor weather conditions, client and photographer shall agree on a most convenient date that is possible for both parties.
USAGE OF IMAGES: Daria Ratliff is an artist and as such requests that the work she creates be allowed into art exhibits, displayed in her studio, print competitions and other places that her work is featured regularly. The work is always showcased in the best possible way and will never compromise or jeopardize the photographer's hard earned reputation. Confidentiality in advertising is always maintained.
I agree that I have read this portrait agreement and agree to comply with all policies and information included. I also agree that the photographer may use any images created during my commissioned session for display, advertisements, exhibits, sale or trade or other use as deemed appropriate by Daria Ratliff Photography. I agree these images can be used without any additional compensation to me.
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