TERMS AND CONDITIONS
In the following Terms and Conditions, the "Client" shall be defined as any person who has purchased a service or retainer fee for service from Smitten Photography. These terms and conditions constitute the entire agreement between both parties.
SESSION FEES, SCHEDULING, CANCELLATIONS
Upon receipt of the client's payment in full, Smitten Photography shall reserve the time and date agreed upon for the Client’s photography session. If there are any costs or fees associated with the location the Client has chosen for their session, the Client will be responsible for those fees (i.e. tolls, parking fees). Payments are to be made prior to the session. Session fee covers travel within the cities of Sacramento and Elk Grove, or other specific locations as agreed upon.
In the event of unfavorable weather or lighting conditions, illness, or other unforeseeable scheduling conflicts, the photography session may be rescheduled within thirty days of the originally scheduled date and is subject to photographer's availability. Newborn sessions may be rescheduled if baby arrives earlier or later than anticipated and is subject to photographer availability. Client may also cancel the session. If Client chooses to cancel the session, Smitten Photography shall return any monies paid by the client.
If Smitten Photography cannot perform the services purchased by Client, Smitten Photography shall return any monies paid by the Client but shall have no further liability. 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. In the event that Smitten Photography fails to perform for any other reason, Smitten Photography shall not be liable for any amount in excess of the photography session fee paid by the Client.
Smitten Photography is not responsible for any injuries inflicted upon any participating parties. The Client will be responsible for themselves, and for all persons included in the photography session, including minors, and release the Photographer from any claims against their person or their business. The Client warrants that he or she has the authority to assume legal responsibility for all persons participating in the photography session.
Smitten Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client warrants that he or she has the authority to allow Smitten Photography to the use of the likeness of all persons included in the images in this manner.
The Photographer will select which images will be edited for the Client's final gallery. Image editing includes shadows and lights correction, adjusting color, and framing. Skin retouching, smoothing, reshaping, and blemish removal is not included with purchase, but may be applied to any image at the discretion of the Photographer. Only the final photographer-selected edited images will be delivered to the client, via web-based digital download. The non-selected, unedited digital images are not included with any purchase. The Client will not have access to view or download any of the non-selected unedited images.
Re-shoots are determined at the discretion of Smitten Photography. Re-shoots will not be given for poor choices of clothing, make-up, hair, or weather related issues (wind & clouds).
NOTICE OF COPYRIGHT
It is illegal to copy or reproduce negatives, digital images and printed photographs without the Photographer’s permission.
DIGITAL IMAGE DELIVERY
Digital images will be delivered via web-based digital download. The web-based gallery containing the Client’s final images will remain active for thirty days from date of delivery. Client must download their digital images before their online gallery expires. If the Client fails to download their images, loses, or damages his or her digital images, Smitten Photography will not by liable for such loss or damage and will not replace lost or damaged files. It is highly recommended by Smitten Photography, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of the Photographer and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be resold.
These Terms and Conditions incorporate the entire understanding of the parties. Any modifications of these Terms and Conditions must be in writing and signed by both parties. These Terms and Conditions shall be governed by the State of California and any applicable Federal Law.
BY PURCHASING A SERVICE FROM SMITTEN PHOTOGRAPHY, CLIENT ACCEPTS THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM.