Terms and Services

When you purchase a session, you are agreeing to the following terms: (REGARDLESS IF THE CONTRACT IS SIGNED)

 

Entire Agreement : 

This agreement contains the entire understanding between Two Gifted Photography and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.

Payment & Prices : All Package costs are as stated at the time of booking & will remain once booking is confirmed. The full contract amount is due at the time of booking unless otherwise stated. Upon your purchase, Two Gifted Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the payment is non-refundable.

Reschedule : Rescheduling can only be done 7 days prior to scheduled session. Anything after that can not be done & will result in client losing their payment because as stated in the previous section all payments are non-refundable or transferable to another session within the 30 day mark of first scheduled session. The session fee can be used towards another session. All session fees expire after 30 days of not being used on scheduled date. 

Torrential Weather    If the weather is torrential and Photographer determines shoot is not possible, the session will be rescheduled for another day. 

Personal Camera     Client may not bring own camera or recording equipment to the session. If a camera is present, Photographer will have to request that it be put away.

Requested Coverage   Two Gifted Photography will honor requested photographs but does not guarantee any specific photographs. 

Artistic Style     Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white. 

Cooperation & Physical Liability     All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold  Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.

Copyright & Reproductions     The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Photographer maintains the right to make reproductions for the Client or for the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.

Photographer      The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or personal crisis. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

Archiving Images: 


While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.


LIMIT OF LIABILITY    In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the session fee to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. 

Inherent Qualities      Client is aware that color dyes in photographs and photography products may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.


Retouching

All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.


Complaints

Any complaints should first be raised by the Client with the Photographers in writing (messages are fine) within 24 hours from the date of receipt of images.