TERMS & CONDITIONS AGREEMENT
Booking and Rescheduling
A 40% booking retainer (excluding weddings - see Traditional or Elopement Page for pricing & retainer details), required of all sessions, is nonrefundable. If the session is less than 2 weeks away, the entire amount of the session is due upon booking. Rain dates for outdoor sessions will be rescheduled at the convenience of the client & photographer. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
Sole Photographer During Session
During your photography session with Brandy McShan Photography, the Photographer (Brandy) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Brandy McShan Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Brandy McShan Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints.
You are permitted to click the “share” button on any photos posted to Brandy McShan Photography’s facebook page. Sharing can be done via the Proofing gallery also.
Proofs and Ordering
Your portraits will be available on Brandy McShan Photography’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 7-10 business days after the date of the session. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired.
Brandy McShan Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Brandy McShan Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of acne, rashes, and accidental last-minute scratches, bumps, etc.
Once again, edits are solely made by Brandy McShan Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Copyright and Reproductions
Brandy McShan Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, marketing literature, website, or for display within or on the outside of the Photographer’s studio.
Retainers and Payment
The Client shall invoiced a retainer fee by the Photographer to perform the services specified herein. At such time as this order is completed, the retainer shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full atleast 3 day prior to the session for the service to be provided. Brandy McShan Photography accepts cash, checks, and all major credit cards. A $20.00 fee will be imposed for any returned checks.
The Client is obtaining photography services for personal use only and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of Brandy McShan Photography.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to de-lamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Brandy McShan Photography suggests printing from professional printing labs, as use by Brandy McShan Photography printing services per the clients gallery, to receive highest quality prints and will be the only way the photos are guaranteed.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties (other than rain), or due to Photographer’s illness, then the Photographer shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply, in the event, the 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 more than the retail value of the Client’s order or as much as the Client as previously paid.
Handle your portraits with extreme care. Damage incurred because of improper handling, framing or hanging is the responsibility of the client.
Brandy McShan Photography reserves to right to terminate coverage and this contract and leave the location of the event(s) if the photographer representing Brandy McShan Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement, as a whole, shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of Texas.
The Photographer: Brandy McShan & Brandy McShan Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Brandy McShan Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed unless the photography contains either Brandy McShan Photography’s logo, watermark, or proof stamp.
Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as stand-alone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future