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. 

Deposit. The Scheduled Date and Time and Backup Date and Time (if selected) will be reserved on Photographer’s schedule upon payment of the non-refundable, non-transferable deposit amount (“Deposit”) and agreement to these Terms and Conditions. The Deposit amount is non-refundable, except as otherwise provided in these Terms and Conditions. The Deposit amount will be credited toward the Session Fee.

Session Fee. The complete amount of the Session Fee is due and payable at the time of the Session, and must be paid in full prior to the Session.

Ordering Session, ONLINE GALLERY.

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. 

Delivery of Product.

No printed products or digital files will be delivered until the balance due to Photographer is paid. Once the Online Gallery has expired 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. 

cancellation, rescheduling.

Cancellation or Rescheduling by Photographer. 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 Deposit (and any other amounts previously paid) will be refunded, at Photographer’s option.

Cancellation or Rescheduling by Client. Once the Photographer has scheduled a session, the Photographer will turn away other business opportunities and commitments to reserve the session. Therefore, the Deposit amount is non-refundable in the event of Client cancellation.

Client-initiated rescheduling of the Session will require payment of an additional Deposit amount to reserve the selected reschedule date.

On-time arrival is important, as the Session is scheduled with available daylight in mind. The Client’s late arrival will reduce the amount of time available for the Session. In the event that Photographer still attempts to capture photographs in a Session for which the Client late to the Session, the Photographer shall have no liability for any reduction in the quality or quantity of images delivered due to the Client’s late arrival at the Session.

If the Client fails to arrive at the Session without notifying the Photographer at least 24 hours in advance, or is more than 30 minutes late to the Session, the Client will forfeit the entire Session Fee, which shall remain due and payable to the Photographer.

artistic discretion.

The Client has hired the Photographer for their unique style and artistic approach. The Client will receive only the processed images from their session that the Photographer selects for final delivery. The Client will not receive images that the Photographer rejects and will not receive unprocessed or RAW images.

Prior to delivering the Client's images, the Photographer will edit the images in a similar style to the images available on the Photographer’s website at the time the Client signs this Contract.

The Photographer takes a light approach to retouching and generally does not edit images to alter the appearance of photo subjects.

The Photographer is not obligated to accept any specific requests for editing/retouching images. However, if the Photographer chooses to honor specific editing or retouching requests, these requests may be subject to a charge of up to $10 per image for additional editing/retouching services.

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 or through the expiration of the originally published Online Gallery, whichever is later. Any purchases made after the Ordering Session (or the expiration of the originally published Online Gallery) will be under Photographer’s then-current pricing model. 

refund policy.

Due to the nature of custom photography and digital image delivery, the Photographer cannot offer refunds solely on the basis of the Client’s dissatisfaction. The Client understands that the Photographer intends to deliver images consistent with the Photographer’s body of work, which the Client has had the opportunity to view prior to scheduling a Session and agreeing to these Terms and Conditions. Client dissatisfaction does not constitute breach of contract if the Photographer has delivered images consistent with this portfolio, subject to the constraints of the circumstances of location and client cooperation on the day and time of the Session.

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 (or which is included in your package), 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 (or which is included in your package), 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 in writing, the following model release shall apply:

Permission to Photograph/Record. All of the People to be Photographed (and the parents or guardians of any minors included in the People to be Photographed) grant Photographer the right to photograph or record video or audio of the People to be Photographed during the Session (the “Recordings”).

Permission to Edit. The People to be Photographed irrevocably grant Photographer the right to edit, modify, make derivative works, make composite images, to remove or change backgrounds, to add accompanying text or audio to the Recordings, or to otherwise edit or modify the Recordings, and agree that any such modifications or derivatives shall also be considered Recordings under these Terms and Conditions.

Right to Use Recordings. All of the People to be Photographed (and the parents or guardians of any minors included in the People to be Photographed) hereby irrevocably grant Photographer the right to reproduce, display, broadcast or otherwise use or share the Recordings for any lawful purposes including without limitation for advertising, marketing, social media, competition, editorial, trade, and other lawful purposes, in any medium (known or developed in the future) throughout the world. The People to be Photographed waive any rights of their own or of any minors for which they are responsible to approve or pre-approve Photographer’s use of the Recordings, and waive any and all rights to royalties or compensation resulting from Photographer’s use of the Recordings. The People to be Photographed understand that the

Name. All of the People to be Photographed (and the parents or guardians of any minors included in the People to be Photographed) grant Photographer permission to use their names in connection with the Recordings to identify the subject of the Recordings.

Binding Effect. This model release is binding on all of the People to be Photographed and any minors for which they are responsible, as well as any of the People to be Photographed and minors’ heirs or assigns.

The Client and any relevant People to be Photographed warrant that they has the actual authority to agree to this model release on behalf 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.

Safety and Limitation of Liability.

Risks and Release of Liability. The Client understands that there are inherent risks associated with photography, especially outdoor photography, including but not limited to the possibility of injury. Risks of participating in the Session may include the risk of slips, falls, exposure to wildlife, plants, uneven or otherwise dangerous terrain, or weather-related risks. There are also small risks associated with posing for photographs, including the risk of injury caused by taking direction for particular poses. The Client understands and accepts these risks.

The Client exempts and releases the Photographer, its owners, officers, agents, employees, and contractors from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss, or injury to the Client or the Client's property while participating in any of the activities contemplated by this Contract, whether such loss, damage, or injury results from the negligence of the Photographer, its owners, officers, agents, employees, or contractors, or from some other cause.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PHOTOGRAPHER (OR ITS MEMBERS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, REPRESENTATIVES, OR AFFILIATES) BE LIABLE FOR ANY EXEMPLARY, INDIRECT, SPECIAL PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SESSION OR THE RELATIONSHIP BETWEEN THESE PARTIES OR UNDER THESE TERMS OF SERVICE. IN NO EVENT WILL PHOTOGRAPHER’S TOTAL AGGREGATE LIABILITY TO CLIENT BE GREATER THAN THE AMOUNT 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.

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. IF YOUR PACKAGE INCLUDES A FAMILY ADVENTURE, 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. 

Disclaimer. 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.

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. 

Entire Agreement, Governing law.

These Terms of Service include the entire understanding of the Parties, and is governed by the laws of the state of Colorado, not including its choice of law provisions. Any modification to this agreement must be in writing and signed by both Parties.

Dispute Resolution.

These Terms of Service apply between the Client and Photographer, and are not for the benefit of any third parties. These Terms of Service will not be enforceable against Photographer by any person or entity that is not a party to the Terms of Service.

If Client believes that Photographer has breached these Terms of Service or otherwise believes that Client has a claim against Photographer, Client agrees to provide Photographer written notice of such breach or claim and to permit Photographer 30 days to cure such breach or to otherwise negotiate a resolution with the Client in good faith.

Following the notice and opportunity to cure or resolve the issue, and should the parties be unable to resolve the dispute or claim through good faith negotiation, the courts in Fort Collins, Colorado shall have the sole and exclusive jurisdiction over any claim or dispute under or relating to these Terms of Service or the relationship between the parties, and the parties hereby irrevocably consent to the jurisdiction of such courts.

THE PARTIES WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE RELATIONSHIP BETWEEN THE PARTIES.