AGREEMENT IS SUBJECT TO ALL THE FOLLOWING TERMS AND CONDITIONS
This document constitutes an Agreement between Stills by Hill Photography (hereinafter “Photographer”), and the above named (hereinafter “Client(s)”), excluding any and all third party interests.
CREATION FEE: The creation fee is $125 and includes the portrait session with (2) printable files.
WHAT IS REQUIRED TO RESERVE PHOTOGRAPHER’S SERVICES?: A completed, signed & returned agreement and on refundable full session fee
TYPE OF SESSION:
Mini Studio Portrait Session.
PAYMENT METHODS: The Photographer accepts cash, checks, and credit cards. A $50 fee plus the amount the check was written for will be charged for any returned/bounced checks The Photographer will not "hold" a date without contract. If Client does not pay sign the contract and the model release, the date the Client wants may be taken by someone else, since sessions are reserved on a first-come, first-served basis. If the Client does not sign the contract, the Photographer will not render services.
Stills by Hill Photography
2143 Valley Lake Dr
El Cajon, CA 92020
CHANGE OF DATE: If the Client subsequently changes the coverage date, doesn’t show, or cancels the Photographer’s services, the paid session and any promotional products given will be forfeited by the client. Cancellations must be submitted in writing and be within 24 hours. No show customers or customers cancelling less than 6 hours of appointment time will be invoiced $50. Illness and accidents are exempt from this rule.
SATISFACTION GUARANTEE: If client or photographer is not completely satisfied (under reasonable circumstances) with the final images at ordering session, both may request another shoot at no additional creation fee. All previous session images will be destroyed at the discretion of the photographer. If a session re-do is requested, no images from the first session are available for purchase.
TIMELINE OF SERVICES:Portraits will be selected online following your portrait session. Albums take between 2-6 weeks to arrive from final approval. Custom products take up to 5 weeks, and prints take about two weeks. Due to the custom nature of these products and services, after the Client’s approval of the final images, there are no refunds or exchanges. Online cart will be available within 2 business days of the session. Cart reactivation is $25 for one week increments. Upon receiving product, the client has 1 day to report any damage or problems with products. All repairs are upon photographers discretion
PRICING: The charges in this agreement are based upon the photographer’s Mini Session Pricing menu. This list is adjusted periodically and future orders shall be charged at that rate for 3 days from the ordering session. After that, all future orders will be charged at the current rates. All product orders must be paid for at the time of ordering. Prices do not include El Cajon tax or shipping Any discounts offered at the ordering appointment are only for orders placed at that time unless previous arrangements have been made Outside vendors pricing will greatly influence unexpected price changes.
Any additional editing beyond basic color control and cropping are not included but is available as an add on.
PHOTOGRAPHIC MATERIALS: All photographic materials, including but not limited to negatives, transparencies, proofs, online previews and copyright, shall be the exclusive property and copyright of the Photographer and are not to be copied in any way.
Images will be digitally captured and will be artistically enhanced at the discretion of the Photographer.
Images will be on file for twelve months from the event coverage date. The Photographer does not have the responsibility to inform the Client of the permanent deletion of these images.
DIGITAL IMAGE PURCHASES: The Client understands that these images cannot be used for his/her profit, advertising, or competition. The Client releases The Photographer from all liabilities regarding reprints at consumer labs, digital storage, resizing images for various media, and additional retouching.
Purchased digital files are only meant for personal use only and no editing may be done to them. The Photographer will retain sole copyright.
All sales are final. There are no refunds once digital images have been downloaded. Errors with files must be reported within 3 days.
Absolutely NO additional editing may be done to any files--including but not limited to cropping, re-coloring, making black and white, etc. Under NO circumstances should the logo on watermarked images be cropped out, or should these web files be printed from. The Photographer will charge the client $500 per posted web file if this clause is breached. Scanning of images and printing at other labs is not permitted. Should this happen, the client will be billed at $500 per file plus legal fees.
LIMITATION OF LIABILITY: In the unlikely event that the Photographer cannot perform this agreement due to fire, casualty, civil disturbances, acts of God, road closures, severe traffic, weather or other causes beyond the Photographer’s control, the Photographer shall return any moneys paid by the Client, less expenses, but shall have no further liability with respect to the Agreement.
In the case of the Photographer’s extreme illness or injury, every effort will be made to reschedule the session to accommodate The Client and the Photographer. Should no dates be available, then all moneys collected minus costs incurred will be returned and the Client agrees to release the Photographer from any responsibility as outlined in this Agreement.
The Photographer takes the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that photographs or data on media have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event.
The Photographer is not responsible for subjective interpretations of photography. Likewise, the Client understands the colors in the delivered images represent the best interpretation by The Photographer. The Client furthermore understands that various factors may affect the quality of photographs, including weather or other factors beyond the Photographer's control.
The maximum liability of the Photographer shall be the amount paid for services under this Agreement, regardless of the circumstances. The Photographer will not be held liable for incidents arising from the interference of others that may affect the quality of images or results in damage to persons or property.