Booking Deposit and Payment: The Client shall make a booking fee as per contract to retain the Photographer to perform the services specified upon booking. Payment must be redered at completion of photographing session and prior to editing and delivery of the finished product. No photographs will be delivered until all payments due have been paid in full.
Cancellation: If the Client needs to cancel their session and notifes the Photographer more than three (3) calendar days before the photo shooting day, any booking fee paid to the Photographer shall be refunded in full. If the cancellation occurs less than six (3) calendar days before the portrait date, the Client may forfiet the booking fee, at the Photographer's discretion.
Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion on and offline. Usage outside the bounds of this agreement will require the Client’s consent.
Shooting & Editing: Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests, those will be accomodated as much as possible. All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. per the Photographer's judgement.
Delivery: The retouching & editing process takes approximately 5-7 working days to complete. No unedited photos will be given at any time. Upon completion, the Client will recieve a private online gallery delivered via email, with instructions on how to download their session images at their own leisure. Gallery hosting will be available online for 1 month. The Client is fully responsible to download and backup session images on their own devices and / or cloud in a timely manner.
Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer.
Social Media: This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of photographer be made.
Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Photo File Storage: Spellbound Photography SLC keeps client files for up to 1 year after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
Liability: It is client’s responsibility to take care of children, pets etc.; Spellbound Photography SLC will not accept any responsibility due to any accident to children, pets or damage to public or private properties during the photo shooting or consultation session.