-GALLERY DELIVERY TIMES STARTING JANUARY 1ST, 2022-
Mini's, Boudoir, Seniors, Maternity, Newborn, Business, BFF, Birthdays: 2-4 weeks
Engagement, Wedding, Elopement: 8-10 weeks
Modeling: ~12 weeks
1. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject-matter.
2. A Summary of the Terms
The Photographer is responsible for providing the client a photography service as detailed in section 3 (‘coverage’). The client undertakes to engage the Photographer for this coverage for the price as detailed in section 4.
3. The Coverage
Mini-Session (1-5 people): 30 min session, 1 location, 8 final images
Couple’s Mini-Session (2 people): 30 min. session, 1 location, 8 final images
Family Mini-Session (Includes Kids; up to 6 people total): 45 min session, 1 location, 8 final images
Large Family Mini-session (Multiple households, 7+ people): 1 hour session, 1 location, 15 final images
Graduate: 1 hour session, 2 wardrobe changes, 12 final images
Maternity: 1 hour session, 1 location, 8 final images
Newborn Lifestyle: 2-3 hour session, in your home, all final images
Engagement: 1.5 hour session, 1-2 locations, all final images
4. Payment Arrangements
The client will pay the Photographer the total session amount subject to the following terms:
Payments can be made via Cash, Credit Card, or PayPal. A non-refundable retainer is due upon booking to secure a date and time. Submitting payment means you are agreeing to the above terms and details of these terms. The retainer is non-refundable/non-transferrable in the event of cancellation and/or breach of these terms by the Client.
Flash sales cannot be combined with bookings already made or any other deals being offered. “Flash Sales,” "Sales,” “Deals,” or “Offers” are spontaneous, are a limited-time offer, and cannot be combined with any bookings already made or sessions already completed. Sales are for new bookings only and cannot be combined with any other offers. The amount paid for any sales varies and are non-refundable.
The total amount pays for the coverage for photography, the time and skills of S.O. Photo and Film, and editing of the images.
Any additional payments for add-ons and other services are to be made when that order is placed. Prices for orders placed over 3 months after the date of the session may be subject to change.
5. Late to session, Reschedule, and Cancellation
All sessions are made with a set time-frame. Sessions are held back-to-back with other clients and therefore being on time is essential. Arriving late to a session will result in the loss of session time. If you are late for your session, the remainder of your time slot will be used to the best of the photographer’s ability to capture your images. If you are more than 15 minutes late, the session is considered a no-show. If you are a no-show, your payment is forfeited and you cannot reschedule. Please, if you’re going to be late, inform S.O. Photo + Film as soon as possible.
Clients reserve the right to reschedule any portrait session up to 72 hours prior to the session. Written notice must be given to S.O. Photo and Film for rescheduling.
Rescheduling your session’s date/time between 2 - 72 hours prior to your session will result in $50 reschedule fee.
Rescheduling or cancelling your session less than 2 hours prior to your session will be considered a no-show and will result in no refund of any payment that has been submitted.
S.O. Photo and Film hereby reserves the right to reschedule any session due to poor weather, photographer illness, or a personal emergency. Please also read the "Force Majeure Clause" at the bottom of this page. If a session cannot be rescheduled due to photographers’ cancellation, your session fee will be 100% refunded.
The cancellation conditions above will apply for postponed sessions if the Photographer is not able to re-schedule for the new date and time. The fee for postponed sessions is subject to change.
The entire copyright of the images is retained by the Photographer at all times throughout the world. The Photographer retains the right in all cases to use the images in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work or any other use.
The images may be displayed online, for personal use, but not commercial use. Changing the appearance of the final images, such as cropping, color change, or applying “filters,” is prohibited and illegal.
The client understands the images given cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
7. Image Size, Color, Style, Composition, and Amount
All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee exact color matching. It is sometimes not possible to record the exact color as seen by the human eye. There is no right to reject on the basis of style or composition.
S.O. Photo + Film cannot guarantee the results or quality of prints made by clients or by clients' chosen printing method/source.
If S.O. Photo + Film provides the client prints and products, it is important to know that the images have been color corrected & calibrated to print how it is seen on our computer monitor. Any digital photos you see in email, social media, or on our website may vary from their desired appearance, depending on your computer's monitor and settings.
The Photographer cannot guarantee the supply of any particular images that are requested. The Photographer cannot guarantee a certain amount of final images. RAW files and unedited files are the property of the Photographer and will not be released to the client.
8. Creative License
Images are edited at the Photographer's discretion, and the final images delivered may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographer's artistic standards. The Photographer does not provide additional Photography sessions in the event the client is dissatisfied with her/his appearance in the final images.
9. Archival Release + Delivery
First you will see a sneak peek which is usually (1) image from your session with full editing done within 24-72 hours on social media (unless you opt out). Then you will choose your final images from the Prelim gallery. After choosing your favorites, your gallery will be sent for final editing. Galleries are delivered on Friday's. You can see gallery updates on my FB business page and on my website at www.sophotoandfilm.com. Once all products within the session coverage stated in section (3) have been delivered, the Photographer is under no obligation to retain the digital files.
It is the clients’ responsibility to protect all digital copies of the images. S.O. Photo and Film makes every effort to retain final files for up to 3 months from the date of the session. However, it is at the Photographer's discretion to remove the images from the storage device at any time 72 hours after the gallery and USB has been delivered.
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to appoint another Photographer to attend on her behalf to undertake the Photography. No other hired Photographers are permitted to photograph the session. No use of cell phones by guests/spectators to take photos or videos during the shoot is permitted, unless discussed and approved by S.O. Photo and Film prior to the shoot.
The Photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the session. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
12. Limitation of liability
In the unlikely event of a total photographic failure or cancellation of these terms by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of these terms Neither party shall be liable for indirect or consequential loss.
13. Force majeure clause
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 60 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 90 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
If any provision of these terms are held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these terms shall remain in full force and effect.
15. Cooperation Clause
Photographer requires the active and willing participation of each member during the session. Photographer is not liable for missed shots, delays, and/or inability to deliver quality images if the client(s) do not cooperate with location, posing, or technical instructions given during the session. Photographer will make every effort to accommodate special requests, however client acknowledges that not every request, pose, location, or grouping may be possible and it is up to the professional expertise of the Photographer to determine the success and possibility of the request at the time of the session based on many factors including but not limited to: time, lighting, wardrobe choice, safety, age of the participants, location, photography gear on hand, and skill and expertise of the Photographer. If at any point the Photographer feels threatened or unsafe, the Photographer may leave the session without providing any notice and will not be held responsible for any images that may not get captured after the Photographer's departure.
Wedding and Event Photography
A non-refundable retainer is due immediately to reserve your event date, along with your signed contract. S.O. Photo and Film will not reserve a date or time without both your payment and your signed contract. The remainder of your full balance is due no later than 8 weeks prior to a Wedding or any other event.
S.O. Photo and Film will do our best to provide a sneak peek within 24-72 hours. Your completed images can take up to 8 weeks if necessary. The time-frame is subject to change, particularly during peak season (June-October which it can be 8 - 10 weeks.)
Weddings, Events, Flash Sales (Deals; offers), and Boudoir will have their own individual contracts and requirements outlined more specifically.
Submitting payment means you have read and understood the above and agree to the terms and conditions in their entirety.
Let's Talk Copyright
All images and video are the Copyright property of S.O. Photo + Film. As stated in my policies page, images and video are for personal use only. Unless it is in writing, agreed upon, and signed, you may not use S.O. Photo + Film's images or video for marketing or commercial use. You also cannot alter any images, such as cropping, applying "filters," etc.
Here are some definitions of "copyright infringement":
What qualifies as copyright infringement?
"As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."
Can you edit copyright photos?
"Only the copyright owner has the legal right to change a copyrighted image or picture. If you change an original picture or create a new version of it and call it your work, you will have violated copyright law. You must get permission from the owner to change an original picture or piece of work."
How can I legally use copyrighted material?
"In general, the permissions process involves a simple five-step procedure:
- Determine if permission is needed.
- Identify the owner.
- Identify the rights needed.
- Contact the owner and negotiate whether payment is required.
- Get your permission agreement in writing."
Are all images copyrighted?
"–it's not yours. Although not all images have been “officially” copyrighted, at the creation of an image, the snap of a picture, the work has immediately become copyrighted and the owner is the only person with a legal right to distribute, replicate, or display the work."
Who legally owns a photo?
"The wildlife photographer who owned the camera claimed ownership when a website published the photo without his permission. Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera — not the person who owns the camera, and not even the person in the photo."
Why am I sharing this on my website?
Unfortunately, I had to create this page due to a recent copyright infringement by a local business. I've also had multiple people alter an image by applying "filters" and or other misc. Photoshop features.
S.O. Photo and Film is my business, these images and videos are my life's work, and I have to protect it.