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Service Agreement and Liability
This confirms our contracting agreement: We agree that A Captured Life shall provide services to photograph you to the best of our abilities in accordance with the portrait session selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct.
If you are not satisfied with your images through fault of A Captured Life your images will be retaken. If you are not satisfied with your products through fault of A Captured Life they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of products in order to receive a refund or replacement. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control. In the event that photographic materials are damaged or lost through camera or computer malfunction, the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of the session fee if images cannot be retaken. If the session fee must be refunded, A Captured Life will have no further obligation to the client.
Retainer, Payment and Pricing
The client shall pay the session fee either before or on the date of the photo session. Any charges incurred in shipping proofs, prints, or products will be billed to the client. Prices for prints and products are valid for a period of thirty days after the date of your session. The total balance due for any orders placed must be paid in full prior to any work beginning on the ordered images or products.
Copyright and Reproduction
The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by A Captured Life. It is a violation of federal copyright law to allow photographs created by A Captured Life to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. You agree to purchase prints directly from A Captured Life unless in possession of high resolution digital files. You agree not to make copies for sale or for the purpose of circumventing sale of the images by A Captured Life. You agree not to scan, copy, or reproduce images in any manner without our written release.
Model Release
The client grants that A Captured Life may use any images taken at the session for the promotion of its business and services, including by not limited to: website, web blog, studio display, promotional material, and product demos.
Location, Portrait Session Details, and Terms
The session being scheduled and agreed upon shall include:
- Up to two hours of photography time by Jennifer Thebault. A Captured Life may end the session at their discretion according to our determination of having captured adequate images both in terms of quality and quantity. If the session is ended prior to two hours, there will be no refund or credit for unused time.
- Session must be scheduled within Waco or travel fees will apply.
- We will show anywhere from 50-100 images from an average session. If the total number of images is above or below this amount there will be no credit given or extra charges applied.
- Proofs will be completed within three weeks of your session date. On or before your session we will schedule a time to meet for your viewing/ordering session. At your viewing/ordering session you will be able to view all the images and place your print and product orders. After your viewing/ordering session your images will be placed online.
- If an additional viewing session is needed, a $50 fee will apply.
- Due to the large amount of storage space required for today’s digital imaging technology and the large quantity of images we create per year, we can only keep your image files online and in our system for 45 days. After thirty days, your images will be deleted from our system. Please place all print orders before that time.
- If additional hours are required or requested for your portrait session, they will be billed at $100 an hour.
- A Captured Life reserves the right to refuse a requested location for any reason.
- The client agrees and understands that the type of work we produce will be of a similar style and caliber to the images shown on our website. The client understands that we will explain how our style of shooting works and what our goals are for the session. The client agrees to allow A Captured Life complete creative control over the location of the session as well as any poses or lack there of executed at the session.
- The client agrees to relay the details of this contract to any and all subjects involved in the session.
- The client agrees that any proof books or brag books ordered will be kept in tact and no photographs will be removed for any purpose (gifts, framing, etc).
The client has received, read, and agreed to all terms of copyright in this agreement and the descriptions set forth in the “copyright information” on the first page of this agreement.
Proofs, Prints, and Retouching
Any proofing product ordered, viewed at your viewing session, or viewed online will all be individually corrected for color balance, density, contrast, etc. There will be no retouching applied to any proof image. All prints that are ordered or used in a custom book will receive individual attention in the form of retouching, enhancement, selective area adjustments, textures, etc. Retouching means correcting various elements in an image such as litter, distracting elements, and minor physical flaws (bags under eyes, teeth whitening, eye whitening, clearing of skin, minor stray hairs, etc). A Captured Life is granted total artistic control over the final image and the client understands that these are the steps we will take when referring to retouching. Any requested retouching over that specified above will be billed at $100 an hour.