Thank you for booking your session with Darris Hartman Photography! I look forward to taking your pictures and creating lasting memories for you. Please take a moment to read through my session terms. If you have any questions regarding location, what to wear, or anything else comes to mind please feel free to contact me! Thank you for allowing me to take your pictures and I can’t wait to see you!
Darris Hartman Photography:
Photography Session Terms
1.1 Payment: Upon payment from the client and confirmation from Darris Hartman Photography, Darris Hartman Photography will reserve the time and date agreed, and will not make other reservations for that time and date. Session balance must be paid in full no later than 24 hours prior to the scheduled session time.
1.2 Lateness: In the event that the client be running more than 15 minutes behind the scheduled session time, Darris Hartman Photography reserves the right to cancel the session, without a refund. Please note that sessions begin at the agreed upon time and photographic activities will start once all members of the client’s party have arrived.
1.3 Cancellation: Should you, the client, choose or need to reschedule the shoot date and time, this must be decided upon within 24 hours of the scheduled date and time, and is subject to the photographer’s availability. All monies paid are not subject to refund, but may be credited towards a future shoot date. If Darris Hartman Photography needs to cancel the session all attempts to notify the client will be made as timely as possible.
1.4 Location: Photo session location is at the discretion of Darris Hartman Photography and is subject to change on short notice. It is the clients responsibility to ensure they are aware of and in compliance with local laws and ordinances for the agreed upon location prior to arriving at the location (i.e. no pets are allowed on beaches) as every variable may not be known to Darris Hartman Photography prior to the session.
1.5 Refunds: No refunds are obligatory due to reasons within or outside of Darris Hartman Photography’s control. Should you, the client, be unhappy for any reason, the photographer will do everything within reasonable terms to amend any issues, but is not obligated to offer a refund of monies collected.
1.6 Delivery: Photographs will be delivered to the client, or authorized recipients designated by the client, via digital delivery or printed media. Regarding printed media, Darris Hartman Photography uses a third party service to obtain the printed media. This decision is made at Darris Hartman Photography’s discretion and may or may not be made known to the client. Regarding digital delivery it is the client’s responsibility to properly download and store the files in a safe and secure manor. While Darris Hartman Photography does provide a reasonable time window for client access to the digital files, Darris Hartman Photography is under no obligation to store files long term and files may not be available after the access time has passed. If the client fails to download the files within the available window a re-upload fee may be incurred. Furthermore, if the client requests access to the files after they have been made unavailable for download, a re-upload fee may be incurred. If files are available for upload the upload will be worked in to the editing schedule and may not be available for immediate access.
2.1 It is understood that Darris Hartman Photography will act as the sole and exclusive photographer for this specified project. Darris Hartman Photography reserves the right to bring necessary assistant(s) at Darris Hartman Photography’s discretion.
3.1 Pose requests are to be made known to the Darris Hartman Photography no later than 24 hours before the session time. The Darris Hartman Photography is not held liable for failure to achieve certain photographs due to the photographer’s ignorance of your, the client’s desires. If the desired poses and photographs are unattainable, Darris Hartman Photography may or may not make it explicitly known to the client prior to session time.
3.2 Client(s) shall assist and cooperate with the Darris Hartman Photography in obtaining desired photographs; including directing children and bringing any needed props that are not provided by the photographer. Darris Hartman Photography shall not be responsible for the client’s failure to provide reasonable assistance or cooperation. Client(s) will be respectful to the Darris Hartman Photography, assistant(s), or volunteers, and all parties being photographed. Darris Hartman Photography has the right to end the session, without refund, if there is lack of cooperation or respect.
3.3 Darris Hartman Photography is not liable for time spent to tend to uncooperative clients. Should the desired photographs not be attained due to circumstances outside of the Darris Hartman Photography’s control, Darris Hartman Photography is not held liable for the loss of time. A reshoot may be rescheduled for an additional charge, to cover any cost of goods and photographer’s time.
3.4 Photographs with pets are allowed during the session time, but Darris Hartman Photography is not held liable for time taken to tend to uncooperative animals.
3.5 While Darris Hartman Photography takes the utmost care with respect to exposure, processing, and delivery of photographs, in the event that the images become lost, stolen, or destroyed for reasons within the control of the photographer, liability is limited to the amount of the session fee. Darris Hartman Photography will not be held responsible for any ruined photographs due to any cause outside of Darris Hartman Photography’s control.
5.1 Client agrees and understands that the Darris Hartman Photography may perform minor digital retouching of photos, including blemish removal, creative effects, and other minimal digital image edits but is under no obligation to reconstruct anything of an extreme nature such as body/facial/clothing re-shaping. Darris Hartman Photography will also not be held liable of any images delivered that include any situation in which is out of photographer’s control such as unfit or disheveled clothing, poorly done makeup of which may produce unappealing skin tones, hair styles or hair products reacting with environmental factors, removing drugs, excessive alcohol consumption, or any obstruction within an image of significance that cannot be re-shot. The client agrees to hold Darris Hartman Photography harmless for any edits that may be viewed as defamatory or demeaning. The Darris Hartman Photography is hired to capture what the camera sees and do the best that can be done within her power to produce the best images possible for you, the client, but is in no way liable for any issues that are the direct result of client guests, or other vendors.
5.2 Additional retouching following initial delivery of already-retouched photos may be available, but may be eligible for an extra retouching fee.
6.1 I acknowledge that any reproduction, editing, selling, or personal claim (copyright) of the photos is granted strictly to Darris Hartman Photography.
6.2 If photos are used in commercial production, any and all photo credits must be made to Darris Hartman Photography and Darris Hartman Photography must be notified prior to any publication whether digital or print.
6.3 On behalf of all models, locations, or subjects shown, Darris Hartman Photography has the right to demonstrate for Darris Hartman Photography company’s use.
COPYRIGHT & USAGE:
7.1 Client acknowledges that all work created under this agreement is the intellectual property of the Darris Hartman Photography who shall retain the copyright to the photographs. I, the client, assign usage of any images taken to Darris Hartman Photography. Client agrees to not publish, alter, or crop the photographs without permission from the photographer, in any other avenue than the described usage rights below.
7.2 Final images shall be delivered in the format of JPGs, TIFFs, or PNGs, at the discretion of the photographer. RAW, or unaltered original images are not available, under any circumstance, to the client.
7.3 Client may only post images for “web” or “internet” on Twitter, Tumblr, Facebook, Instagram, email, or any other social networking website WITH photo credit blatantly displayed to Darris Hartman Photography. Client agrees not to digitally manipulate (crop, edit, alter, filter) the work for public viewing (including, but not limited to: message board, social networking website, or public photo galleries). Client has unlimited personal use of the photographs at any time for no additional fee.
Client does not have rights to use the work for publication, advertising, promotion, marketing, or other like uses, not authorized by the photographer. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographers without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
7.4 Purchase of photographs with no regulations (“no authorization required from the photographer”) is available. Price and contract for desired rights can be discussed and purchased through Darris Hartman Photography.
LIABILITY & INJURY
8.1 Darris Hartman Photography is not held liable for any injury attained during the time leading up to the session, reaching, and leaving the session location(s), or during session time. Darris Hartman Photography will be empathetic regarding time tending to injuries occurring during session, and will offer extended shooting time or a reshoot date, if desired, potentially at an extension fee.
8.2 I, the client, waive release from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, the following entities or persons: Darris Hartman Photography and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers.
8.3 I indemnify, hold harmless, and promise not to sue the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.
9.1 This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.
9.2 By booking a photography session with Darris Hartman Photography, the client and Darris Hartman Photography, agrees to all terms listed in this document. It is recommended that the client retains a copy of this for their records.