These Terms of Service ("Terms") outline the agreement between LIV Photography by Jen ("Photographer") and the Client ("Client") for professional photography services. By booking a session with Photographer, the Client agrees to the following terms:
1. Services
Photographer provides professional event photography services. By hiring Photographer, the Client agrees that Photographer will be the exclusive photographer for the session, and no other photography will be allowed during the session.
2. Booking and Payment
- Nonrefundable Deposit: A nonrefundable deposit is required at the time of booking to reserve the session date and time.
- Final Payment: The remaining balance is due 48 hours prior to the session. If the full balance is not paid by this time, photography services will not proceed.
- Rescheduling:
- If Photographer needs to reschedule due to illness or inclement weather, they will work with the Client to reschedule at a mutually agreeable time.
- If the Client needs to reschedule due to illness or other circumstances, the nonrefundable deposit may be transferred to a new date as long as the session is rescheduled within six weeks of the original date.
- Cancellations: If the session is canceled by the Client, the nonrefundable deposit will be retained by Photographer under all circumstances.
3. Services Provided
- Photography Time: The session includes three hours of photography time.
- Photographer: The session will be conducted by one photographer, Jen Marie.
- Deliverables:
- All high-resolution digital images will be provided to the Client.
- Images will be delivered via private online image storage, with sharing rights granted to the Client.
4. Refunds
Due to the custom nature of photography services and products, no refunds will be issued once services are provided or digital files are delivered.
5. Image Delivery and Editing
- Delivery Timeline: Final images will be available for the Client to view and download online within approximately 48 hours after the session via a PIN-protected gallery.
- Editing: Photographer retains artistic discretion in editing and presenting images to the Client. Not all images taken during the session will be delivered. Specific editing requests must be communicated before the session.
6. Archive and Storage
Photographer will archive all proofed images from the session for one year from the session date. After this period, all proofed images will be deleted. The Client is responsible for making backups of any downloaded digital files.
7. Force Majeure
Photographer is not liable for any failure to provide services due to acts of God, natural disasters, or other circumstances beyond their control.
8. Model Release
- The Client is responsible for obtaining signed model releases for all individuals participating in the session and must provide these to the Photographer before the session begins.
- Photographer may refuse to photograph individuals without a signed release.
- The Client releases Photographer from any claims or liabilities related to the use of the photographs.
9. Copyright and Usage Rights
- Copyright Ownership: Photographer retains full copyright ownership of all images created during the session.
- Photographer’s Use: Photographer may use the images for marketing, advertising, portfolio, social media, and other promotional purposes unless otherwise agreed in writing.
- Client’s Limited Commercial Use License:
- The Client receives a non-exclusive, perpetual limited license to use the images for business purposes, including advertising, marketing, or promotions, both online and in print.
- Images may not be altered, edited, or manipulated beyond adding business logos, names, or text for marketing purposes.
- The Client may not sell, lease, or give images to a third party without written permission from Photographer.
10. Printing
Images may only be printed through LIV Photography by Jen or with explicit written permission from Photographer. This ensures the quality of printed products reflects the standards of LIV Photography by Jen.
11. Assignment
Neither the Client nor Photographer may assign this agreement without prior written permission from the other party.
12. Severability
If any provision of this agreement is deemed unenforceable, the remainder of the agreement will remain in full force and effect.
13. Amendments
Any amendments to this agreement must be made in writing and signed by both the Client and Photographer.
14. Governing Law
This agreement is governed by the laws of the State of Arizona. Any disputes will be resolved in the state or federal courts located in Arizona.
Thank you for choosing LIV Photography by Jen. If you have any questions or need further clarification, please contact us.