CONTRACT
Session Information:
With the limited nature of this session, we are not able to reschedule mini sessions. The session fee is non-refundable. However, if it does rain, we will reschedule.
$149 Session Fee - includes up to 20-minute session.
Digital Packages are purchased separately and start at $350.
Due to the nature of custom photography, all sales are final. Elaine does, of course, guarantee that the portraits you receive meet the highest standards in every respect and is printed from a quality professional photo lab.
All session fees and orders are subject to a 9.7% Texas Sales Tax.
Policies:
A. Location Costs & Fees - If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee covers travel within 20 miles of of zip code 71006. Any location outside of these limits will be subject to an additional charge of $.75/mile as part of the agreement.
B. Re-shoots - Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
C. Archive - All images will be available for ordering for one (1) month following client viewing date. After one (1) month, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
D. Payment - All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
E. Damage - Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. All portraits sent via USPS can be insured and require delivery confirmation upon client’s request and at client’s expense.
F. Cameras - No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
G. Cancellation. Should the photographer have to cancel due to any unforeseen emergency, the session fee shall be returned to the Client.
A word about copyright:
Photographic Materials. All photographic materials, including but not limited to; edited or unedited digital negatives, photographs, film negatives, transparencies, proofs, and previews in digital or paper form, shall be the exclusive property of Elaine Pierce Photography as provided under USC Title 17 (US Copyright Law). Should the Client purchase digital photograph files, EPP may lend a Limited Print Release/Limited Personal Use License which may be revoked at any time for misuse. At no time is the Client allowed or granted permission to sell or resell their photographic materials or use them for any advertising, or editorial purpose, or competition entrance without the written expressed permission of EPP. At no time shall the Client or any other person be allowed to re‐edit any of EPP’s work, with exception only to tonal changes as made in kiosk when printing from the disc, which may allow the Client to change the color print to either sepia or black and white.
Copyright and Reproductions. EPP shall own and fully retain the copyright in all images, photographs or digital files created and shall have the exclusive right to make reproductions for commercial or advertisement purposes, re‐edits or designs, utilization of photos for entrance into any contests or to profit from stock photography purposes, or otherwise selling any images. Photographer may or may not choose to extend the Client the right to print images for personal use only through a photographer signed Limited Print Release. EPP retains the exclusive right to sell, copy, display, and/or publish any or all images created under this agreement, to the general public, for any reason. The mediums for display could include but are not limited to newspapers, magazines, books, television, and the internet. By signing, the Client hereby grants EPP the right to use and publish any photographs taken during your photography session to further promote its service, including but not limited to portfolio, website, display in print or digital form, advertisement, editorial use, stock photography, photo contests, re‐edits that will not be included in the Client's viewing gallery, or for monetary gain. Should EPP re‐edit any photograph to a state which was not included in the Client's original viewing gallery, the Client shall have no rights to that/those photograph(s). EPP may or may not choose to sell prints of said photograph(s).
Personal Use Allowances/Client's Usage. EPP will only provide Clients with copies of edited digital images files that have been purchased. Purchased Digital Files will come with a Limited Print Release allowing Client to create prints at any location of their choosing for personal use only. Prints not intended as gifts from the Client to another person must be purchased online through the personal Client gallery. Clients may only publish the low‐resolution, watermarked copies included in their disc, to the Internet, if low‐res versions are not provided. By purchasing the digital file, the Client releases EPP from any liability due to loss of, or damage of the digital files or images, and also releases EPP from any obligation to maintain copies of any digital files, images, or photographs.
Client’s Usage Restrictions. The Client(s) agree that they are obtaining digital negatives/prints solely for their personal use, and shall not sell said prints or authorize any reproductions thereof in either print or digital negative or disc form. At no time may the Client upload or display their high‐resolution, non watermarked images or the internet. The Client MAY NOT at any time duplicate their photo disc to give to other family members or persons, or allow anyone other than the persons named on the Print Release to use the Client's photo disc to make their own prints. Client may not purchase prints for someone else with the expectation of being reimbursed for the purchase. Any distribution of my copyrighted works as outlined above, or use for the general public or for monetary gain of any kind, including but not limited to advertising, stock photography, or print sales will be considered copyright infringement and will be prosecuted in a court of law. At no time may any person sell or distribute any copyrighted works of EPP without a contract agreement signed by both parties and witnessed by a third party of the photographer's choosing.
Inherent Qualities. Client is aware that color dyes used in printing consumer quality photographs may fade or discolor over time due to inherent qualities of the dyes/inks/equipment used, and the Client releases the Photographer and EPP from any liability for any claims whatsoever based upon fading, discoloration, or unsatisfactory color reproductions due to such inherent qualities. Any discrepancy over photographic quality should be discussed with the company used to print your photographs. For this reason, it is recommended that you order prints through your through EPP to ensure the highest possible quality. Also, Client understands that variances in computer monitor calibration can equally affect the quality of the visual appearance of the image on the computer and releases the Photographer and EPP from any claims through which the computer image is unsatisfactory.
Exposures and Editing. It is understood that EPP will not deliver every exposure taken and the Client agrees to abide by the Photographer’s editing decisions, including but not limited to frame acceptance or rejection, colorization, or modifications of any kind. The Client may request modifications in colorization or enhancements of specified frames after the final images has been reviewed by the Client, however those post editing modifications will be priced at the photographer’s discretion and must be paid in full before images representing such modifications will be distributed to Client. The photographer will not be held liable under any circumstances for missed images that were requested or expected. Lack of coverage resulting from weather conditions, lack of cooperation from any person or persons, schedule complications caused by third parties and events including, but not limited to, location restrictions, officiant restrictions, other cameras or flashes, the lateness of any party, or if the final images are not suitable to the Client for any reason. EPP shall have no liability or fault under this condition, monetary or otherwise. Objections may be made of notice to the Photographer and the photographer may or may not choose to take any amending actions. Slanderous remarks made by any person due to an unsatisfactorily amended complaint that may openly harm the reputation of EPP may be held accountable to slander and defamation of character by legal action in a court of law.
Photo Website: All orders are done with an ordering session at EPP’s studio. EPP currently has a Contract with photobiz.com and shootproof.com for online photo hosting and sharing. During some times, she will put images online for viewing. You will be given an access code and password to enter your gallery on EPP's website. If any problems should arise with your order: ie damage, missing items, please contact the photographer and she will help you contact the appropriate customer service. For problems with canvas orders or custom designed products, please contact the photographer. Once an order is placed on any item, it is FINAL. It may not be cancelled for any reason, and refunds will not be given under any circumstance.
It is understood by the Client(s) that EPP is not required to, and does not necessarily retain digital negatives or any portrait session and therefore cannot be held responsible for loss of images. Should the Client lose, damage, or render the final product USB inoperable in any other way, they will be required to purchase a new back‐up copy, if one can still be supplied, at a price of $50.00. For this reason, EPP recommends that you purchase and back‐up USB of your images to store at a separate location from your main digital archive.
It is herein understood that EPP or any persons associated with the namesake in any fashion, are not under any circumstances to be held accountable or liable for any accident, injury, medical costs, or death resulting from their on location photography session or posing of any kind throughout the portrait session. The Client hereby agrees to utilize potentially hazardous locations such as streets, roadsides, and to attempt or allow potentially hazardous poses of themselves and all others to be included in or during the session at their own risk. The Client also agrees to accept all of the inherent risks of outdoor photography solely at their own risk (sun/heat/wind/cold, pests, snakes/spiders, uneven terrain, poisonous plants etc).
The photo delivery date of all portraits by EPP will be up to 6 weeks after order date. A rush fee will apply for any client requesting photos be finished before this time allowance.
Internet/Facebook/Blog Display: At no time may the Client upload or display their high‐resolution, non watermarked images or the internet without the expressed permission of the photographer. When displaying any of EPP's copyrighted works, the Client shall ensure that a credit for the Photographer be placed adjacent to the photographs on any publication whether on the internet, or in print. On FB, this must be accomplished by tagging EPP's page on each album. Photographs from the purchased disc may not be altered, re‐edited, or cropped in any way. If an EPP photograph is used for a Facebook Timeline or Profile photo, then the watermark must be clearly and completely visible at all times, the watermark may not be cropped out of view.
Printing digital images: Digital files purchased with your package will NOT be guaranteed if printed outside of our studio lab even though you have the right to print at a lab of your choice. In order for your images to be guaranteed on crop and color, you must print through EPP. Under no circumstances will this policy be changed. This includes all products including canvases, albums, wood, metal prints, heirloom products, etc.
Miscellany. This Agreement incorporates the entire understanding of the parties agreed herein. Any modifications of this Agreement must be made in writing and signed by both parties. 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 State of Louisiana and by USC Title 17 (US Copyright Law).