Terms of service

Photography Session Logistics. 

Transportation. Each party is responsible for its own transportation to and from the Location at the scheduled time. If Client is late, Photographer is not responsible for making up for the lost time and/or lack of artistic photographs or videos due to the delay. 

Session Retainer Fee. The Scheduled Date and Time and Backup Date and Time will be reserved on Photographer’s schedule upon payment of the non-refundable, non-transferable Session Retainer Fee and agreement to these terms.

Ordering Session.

Purchase of Printed or Digital Products. Unless otherwise specifically described in your Photography Session Package, digital files and/or prints are NOT included in your Session Retainer Fee, and are available for purchase after your session.

Online Gallery. Photographer will send you a link and password to access an online gallery of images from your Photography Session (“Online Gallery”). Online Galleries will expire 30 days after the link is sent. Photographer will not be responsible for maintaining the online gallery or the images or videos captured during the Photography Session after the Online Gallery’s initial expiration. If Client requests reactivation of the Online Gallery, and the images are still available to Photographer, Photographer will reactivate the Online Gallery for an additional 30 days for a fee of $100. 

Safety and Limitation of Liability.

Behavior and Safety. YOU SHALL REMAIN RESPONSIBLE FOR YOUR OWN BEHAVIOR AND SAFETY, AND FOR THE BEHAVIOR AND SAFETY OF ANY PEOPLE TO BE PHOTOGRAPHED, INCLUDING MINOR CHILDREN, AT ALL TIMES. YOU ARE RESPONSIBLE FOR CHOOSING THE FAMILY ADVENTURE, AND YOU MUST CHOOSE A FAMILY ADVENTURE WHERE YOU UNDERSTAND THE RISKS AND SAFETY REQUIREMENTS TO SAFELY PARTICIPATE IN THE FAMILY ADVENTURE. YOU SHALL USE APPROPRIATE SAFETY EQUIPMENT AND GEAR FOR THE FAMILY ADVENTURE DURING THE PHOTOGRAPHY SESSION. 

Limitation of Liability. PHOTOGRAPHER WILL BE RESPONSIBLE ONLY FOR PHOTOGRAPHING THE PEOPLE TO BE PHOTOGRAPHED DURING THE PHOTOGRAPHY SESSION, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR SUPERVISING CLIENT OR OTHER PERSONS (INCLUDING MINORS) BEING PHOTOGRAPHED OR KEEPING CLIENT OR OTHER PERSONS TO BE PHOTOGRAPHED SAFE DURING THE CHOSEN FAMILY ADVENTURE.

Limitation of Damages. Photographer shall not be liable for any amount in excess of the monies already paid to Photographer by Client. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer.

Cancellation. In the event Photographer is not able to provide the Photographer’s Services on your Scheduled Date and Time due to illness, emergency, weather conditions that make the Family Adventure unsafe or create increased risk to Photographer’s equipment, or other reasons outside the control of the parties, your session will be moved to the Backup Date and Time (if one has been selected by the Parties). If the Photographer is still not able to provide the Photographer’s Services during the Backup Date and Time (for reasons described in this provision), your session will be rescheduled or your Session Retainer Fee will be refunded, at Photographer’s option. Resorting to the Backup Date and Time, rescheduling, or cancelling your Photography Session would only be if necessary, and not merely for convenience. 

Delivery of Product.

No printed products or digital files will be delivered until the balance due to Photographer is paid. Once the products ordered during the Ordering Session have been delivered to Client, Photographer will not be responsible for storing the images. Photographer will choose reliable, high-quality vendors for photography products, but Client understands that printed products may fade or discolor over time, due to the inherent qualities of the printed products or improper care of the printed product, and Client releases Photographer from any liability or claims based upon such fading or discoloration. 

No Tolerance. 

Photographer has a “no tolerance” policy when it comes to harassment, bullying, or behavior otherwise deemed unsafe by Photographer. It will be considered a material breach of this contract by Client if Client chooses to engage in these types of behaviors, and Photographer reserves the right to end the Photography Session (or any other contact with Client) immediately if Client engages in such behavior. 

Pricing.

The pricing provided to client will reflect the current pricing model used by Photographer. Prices will be honored through the time of Client’s Ordering Session. Any purchases made after the Ordering Session will be under Photographer’s then-current pricing model. 

Copyright Notice.

Photographer shall retain copyright ownership over any and all images, prints, digital files, albums, or other photographic products (the “Work”) created by Photographer. It is ILLEGAL to copy or reproduce (screen shots, printing, etc.) the Work without a license from Photographer. 

Licenses.

High-Resolution Digital Files. For each high-resolution digital file from your Photography Session that you purchase, Photographer hereby grants a license (for personal use only) to you, to display the unaltered Work in electronic format, to produce electronic copies of backups of the Work, and to make reproductions or prints of the Work or to have prints or other photographic products made from the unaltered Work. 

Low-Resolution Digital Files. For each low-resolution digital file from your Photography Session that you purchase, Photographer hereby grants a license (for personal use only) to you to display the unaltered Work in electronic format and to produce electronic copies of backups of the Work. Low-Resolution Digital Files are of suitable resolution for web use, but are not provided in sufficient resolution for printing.

Printed Products. For each printed product from your Photography Session that you purchase, Photographer hereby grants a license (for personal use only) to you, to display the unaltered Work. 

Social Media. If you choose to share your images on social media, tag Photographer and do not modify the images before posting! 

Model Release. Unless we agree otherwise, by having your images taken by Photographer, all of the People to be Photographed (and the parents or guardians of any minors included in the People to be Photographed) allow Photographer to use their names, photographic likenesses, and any videos in which they are included for advertising, trade, and other lawful purposes. Client warrants that (s)he has the actual authority to agree to the use of the likenesses of all of the People to be Photographed in this manner, and shall indemnify and defend Photographer in the event of any litigation arising out of such use.

Entire Agreement.

These terms and conditions include the entire understanding of the Parties, and is governed by the laws of the state of Colorado. Any modification to this agreement must be in writing and signed by both Parties. If a dispute arises out of this Agreement, Client and Photographer shall seek mediation in Fort Collins, Colorado prior to engaging in a lawsuit. The courts in Fort Collins, Colorado shall have sole and exclusive jurisdiction over any dispute under this Agreement not resolved in mediation.