A. Session Fee Client agrees to pay photographer a sitting fee, amount depending on session type at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The sitting fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer. Additional editing is available at additional expense to be determined by photographer. Sitting fee does not include prints, products or digital files. Prints or digital images are available at an additional cost as per our current pricing guide. *Mini Session prices are as advertised and include only what is advertised.*
B. Location Costs & Fees If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. Any location outside of 30 miles from the Kirkville studio will be subject to an additional charge of $.52/mile as part of the agreement.
C. Rescheduling If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session 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.
D. Re-shoots / Refunds Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
E. Archive After six (6) weeks, all unpurchased images may be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
F. Payment All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received. G. Damage Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release I hereby give to Torrent Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others: a) To copyright the same in the photographer’s name or any other name that he/she may select; b) 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, and; I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
I. Liability 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.
J. Copyright & Penalty Torrent Photography retains all copyrights to all images created during client’s session. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Torrent Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
COVID WAIVER
Client is hereby notified and agrees that:
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While the State of New York has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by the Studio are subject to those rules in place at the time the photography services are to be performed.
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Based upon the scope of social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.
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Client and all members of Client’s party agree to abide by the social distancing measures in forces at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at an increased risk of COVID-19 exposure or transmission.
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Session may be terminated at any time if restrictions are not met.
WAIVER:
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Client and members of Client’s party assume at risks associated with potential COVID-19 transmission or exposure in relation to the photography services provided and accept responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of identity of the person alleged to be at fault for such transmission or exposures.
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Session fees are not based on duration of time. In the event that a session must be terminated due to non-compliance with appropriate social distancing practices, the client waives the right to any claimed refund.