Cherish Photography: Terms and Conditions

Terms and Conditions

This contract is between the Client, whose name and address are listed above, and Cherish Photography, LLC (“Photographer”).

Website

Cherish Photography, LLC attempts to display content on this website accurately and completely. However, Cherish Photography, LLC does not accept any liability resulting from the use of this site or the use of images or information provided by this site. The images on this site may only be used by the owner. Visitors may view the images, but are not permitted to use them in any way. By using this website or any services from Cherish Photography, LLC, you automatically agree to these terms and conditions.

Session Information

A newborn photo session takes an average of 2-3 hours. Each photo session includes 5 high resolution JPEG digital files with the session fee. The final images will be delivered in color and black and white, without logo or watermark. If the client is dissatisfied with something during the photo session, please let the photographer know immediately. Complaints after the photo session are considered unfounded.

Payment

Client agrees to pay Photographer a non-refundable $100 Retainer at the time of booking a photography session ("Session"). Upon payment of the Retainer, Photographer will reserve the time and date agreed upon by the parties (“Session Date”). The Retainer will go towards the balance of Client's session fee. Upon completion of the Session, Client shall pay Photographer in full the remaining balance of the session fee. The session fee covers the time and talent of Photographer, retouching and creative editing of images, as determined by Photographer, and the delivery of a set number of digital images. Applicable sales tax will be added to all products and services. Orders will not be processed, and Photographer will not deliver any Photographic Material to Client, until payment in full is received. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed. If there are any costs/fees associated with the location Client has chosen for the Session, Client will be responsible for those fees. Photographer will not guarantee or arrange payment on any location. There are no fees associated with a model call session and the client will be compensated for their time with 5 high resolution JPEG digital files.

Cancellation Policy

If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours’ notice, or decide to completely cancel the shoot, the retainer fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

Model Release

Client hereby gives Cherish Photography, LLC the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of Client and/or Client’s minor child in which he/she may be included with others to copyright the same in Photographer’s name or any other name that he/she may select, to use, re-use, publish, and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, including but not limited to use of the Photographic Material by Photographer in social media or in Photography’s online portfolio and\or website. Client hereby releases and discharges Photographer from all and any claims and demands ensuing from or in connection with the use of Photographic Material, including any and all claims for libel and invasion of privacy.

The Photographer shall retain exclusive ownership rights to all photographic materials, including but not limited to negatives, transparencies, proofs, digital images, images in any other form, RAW files, and previews, if any, including to all delivered Images ("Photographic Materials"). All Photographic Materials are Photographer's exclusive intellectual property. Under no circumstances shall Client have any rights to RAW files or any other Photographic Materials. Photographer shall own the copyright in all Photographic Materials created, including the delivered Images, and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on Photographer’s website and/or studio, and/or on social media. It is understood that any duplication or alteration of Photographic Material, other than by Photographer, is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of Photographer. Images are edited at Photographer’s discretion and delivered digitals and/or prints may not include all images shot. Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within Photographer’s artistic standards. All images will be archived for 90 days from the date of the photo session.

Client’s Usage

Client shall only use the Delivered Images, including prints and/or digital files, in accordance with the permissions within this agreement. Client’s Delivered Images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorized for reproduction by parties other than Photographer, with the exception that Photographer hereby grants Client the limited right to print out the Delivered Images at a photography lab of Client’s choice (“Print Release”). Client may share Photographer’s blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs from Photographer’s website or social media accounts in any other fashion. Photographer hereby grants Client the limited right to share Delivered Images on Client’s social media accounts with attribution to Photographer.

Limitation of Liability

The photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. The Photographer's entire liability to the Client, above named models, or other companions for claim, loss, or injury arising from the photographer’s performance or negligence is limited to a refund to the Client in the amount paid for services. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to the amount paid by Client to Photographer. Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest.

Miscellaneous

This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. By using the services of Cherish Photography, LLC in any way, the client automatically agrees to the terms and conditions below.

Privacy and Personal Data

Cherish Photography's privacy statement can be found HERE.