I’ve written this simplified summary of my Terms of Service so you can have a plain language, easy-to-understand overview of our rights and responsibilities while working together. This is a simplified version and it does not replace the full legal Terms of Service, which you can find below this summary.
By paying any part of a fee, you agree to the Terms of Service outlined below this summary.
Key points:
Photographer owns the photos: You’re buying a license to use the images, not own them. You can use them for almost any purpose, but you can’t sell them or assign rights to them. If you want complete ownership, you can “buy out” the copyright for a separate fee.
Limits to usage: You can only use the photos for specific purposes outlined in the agreement below (e.g., personal use, website). You need written permission for other uses (commercial use, for example).
No alterations: You can’t edit the photos without Photographer’s permission. Basic edits are included, but retouching (e.g., blemish removal) requires extra fees.
Photographer liability: Photographer isn’t responsible for any issues arising from your use of images once they’re in your possession.
Payment: Final payment is due before your photo session. Payment is made via Venmo, Zelle or cash.
Credit and copyright: You can use the images without Photographer’s logo for printing, but for all other uses, you must credit Photographer, especially and specifically when posting the photos online. When other organizations or people (like news outlets or magazines) want to use the images, you’ll need to have them contact Photographer for permission.
Cancellations and reshoots: 50% of the fee is non-refundable. If you reschedule, Photographer may charge extra fees. Reshoots require additional fees.
Failure to perform: If Photographer can’t take photos due to unforeseen circumstances, we’ll try to reschedule. If that doesn’t work, we’ll refund you any fees paid and won’t be liable for any other damages.
Archiving: Photographer will keep the images for a minimum of one year, but may or may not keep them after that point, so it’s your responsibility to download and store the images before that time period ends.
Digital file quality: Photos will be delivered in an industry-standard format at a suitable resolution. Different monitors and cellphone screens may display them differently. Photographer isn’t responsible for issues with digital files once they’re in your possession.
Session terms: Sessions happen at agreed locations. You’re responsible for getting any permits needed. No other photographers/videographers are allowed unless agreed upon in writing.
Miscellaneous legal issues: This agreement is governed by California law and any disputes will be settled in California courts in the County of San Luis Obispo. If any part of the agreement is deemed to be invalid, all other parts will remain valid. This is the whole agreement, and it supersedes any previous agreements.
Final note: This agreement protects both Photographer and you. It’s important to read it carefully and understand your rights and responsibilities, and if you have any questions, don’t hesitate to ask your Photographer!
You can view the full Terms of Service at https://namu.love/tos