Terms and Conditions
ACKNOWLEDGEMENT:
Client has commissioned the studio for photography. It is Client’s express desires to pose and participate in the session. Studio agrees to not redistribute or exhibit any images from the session without the express written permission of Client. Further, because studio cannot control any distribution of session images by Client, Client agrees to hold Studio harmless from any damages or actions that may arise from the publication of any images from this contract including any claims regarding the content. Furthermore, Client acknowledges that the Studio may have at least one Studio representative present at the shoot. Client may bring no more than one guest to the shoot without the prior approval of the Studio.
COMPENSATION:
Rates are subject to change based on industry standards and monthly promotions. Please subscribe to our email community for all updates and events. This contract is valid only on payment of the amounts specified. Add-on orders, upgrades or special services cannot and will not be delivered until the balance due is paid in full. Failure by Client to make payments as scheduled may be deemed a material breach of this agreement. In the event of breach, the Studio, at its option, may cancel this agreement and be received from any further obligation of performance.
CANCELLATION OF YOUR SESSION OR BREACH:
For cancellations: A Client’s booking deposit (50% of the session rate) is nonrefundable. One reschedule is acceptable without any additional fee. However, any other further rescheduling will require an additional booking deposit for a new rescheduled time and date. For Breaches: Should Client otherwise fail to perform under this contract, the full amount due under this contract will become immediately due and payable as liquidated damages. Client acknowledges that the amount of the fees and deposits paid shall be liquidated damages in the event of breach, because the actual amount of the Studio’s damages would be difficult or impossible to determine.
FORCE MAJEURE:
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
PROOFS or TIME FOR CLIENT TO SELECT IMAGES:
For professional headshots, acting headshots, and modeling sessions, the Studio, in most cases, will to make proofs available within two weeks after photography. For all other sessions, the studio makes proofs available within thirty (30) days of initial photo shoot. A rush service can be provided for an additional up-charge. Client agrees to select photographs for enlargements or books/albums within twenty (20) days of proofs being made available. Raw files and unedited images are not included in any package and are not for sale.
PRINT ORDERS AND DELIVERY:
Any orders for prints, or other add-ons and services not included in the package described above must be paid for at the time the order is placed. Furthermore, any order must be placed within thirty (30) days of proofs being made available to the client. Orders delayed for sixty (60) days or more are subject to any increase in charges for the same services and product that are published subsequent to this contract. Charges for additional services other than those referred to in this contract are subject to rates current at the time they are ordered. Prints in addition to those described above will be ordered based on the Photographer’s Standard Price List ( https://www.wes-shots.com/rates ). In addition, the extra charges set forth below shall be billed if and when incurred. The Studio works to complete all placed orders within eight (8) weeks. Client acknowledges that some phases of production are dependent on suppliers and outside contractors and may be subject to delay. Client agrees to pickup finished orders and satisfy all balances due within twenty-one (21) days of being notified that the work is ready for pickup.
LIABILITY/WAIVER OF DAMAGES:
The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing, and delivery of your images. However, in the event that the studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the Studio’s control or the Studio’s own negligence, the Studio’s liability shall be limited to a refund of all payments made by you. If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, such omission shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client and the Studio shall not be liable for same.
POSTING GUIDELINES:
Do not alter images or video IN ANY WAY when posting to known or future social media sites from PHOTOGRAPHER/ FILMMAKER.
Please credit and tag images & video created by PHOTOGRAPHER/ FILMMAKER: Wesley Stanfield Photography, @wesshots