Terms and Conditions
The individual signing this Contact is doing so in representation of all parties to be photographed, and hereafter will be referred to "Client". It is understood that Client is entering intoa formal agreement (hereafter referred to as "Contract") with Dana Faith Photography (als referred to as the "Photographer"). This Contract consitutes the entire agreement between both parties and will apply to all future transacions.
It is understood that Dana Faith Photography is the exclusive official Photographer retained to perfom photographic services requested in this "Contract".
Upon signature and receipt of required deposit, Dana Faith Photography shall reserve the time and date agreed upon.
1. The session fee is non-refundable and due at the time of booking. Session fee covers the time and talent of the Photographer, immediate family, and does not include prints or products. Upon payment of session fee, Photographer will reserve the time and date agreed upon. Clients agree to pricing policies at the time of booking.
2. A travel fee is incurred for location shoots done over 40 miles from zip code 99337. Travel fee is $1 per mile and this fee applies to travel both to and from the location (both ways).
3. Cameras or recording devices are prohibited from the session.
4. Client is responsible for their own safety and actions while at the location of the portrait session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.
5. If anyone should fall ill, contact the Photographer as soon as possible to reschedule the session. A new date must be discussed and decided upon with photographer within 1 week or session fee will not be transferable. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the session.
6. If the Photographer cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, and Photographer is unable to reschedule the session, then the Photographer shall return any deposit or session fee to the client but shall have no further liability with respect to the contract. 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 the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.
7. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation. The Photographer is not responsible for poor choices of clothing, make-up, hair, or by not following the recommendations of the photographer. Re-shoots will NOT be givin for these reasons. Any type of harrasment will not be tollerated.
8. The Photographer retains copyright in the photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the photographs for which the Client pays.
Proofing and Ordering
9. If Client is dissatisfied with the gallery images, notice must be sent to photographer within 24 hours of the gallery going live. A re-shoot may be scheduled, solely at the discretion of the Photographer, as quickly as reasonably possible, and all images from the first gallery will be deleted. Re-shoots will not be offered due to hair or wardrobe choices.
10. Within approximately three weeks of your session, an email will be sent to arrange how you would like your images delivered. Images are selected and edited at the Photographers' discretion. The photographer reserves the right to edit and release only those images deemed creditable as professional in quality and within the Photographers' artistic standards. RAW files or undedited images will NEVER be released to the client. WEDDING galleries will be sent within two months of your session.
11. Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. More extensive retouching is done at a fee of $30 an hour. Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available.
12. Purchased images are kept on file by Photographer for 1 year after portrait session. Images that have not been purchased are permanently deleted after 30 days. Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer shall not be liable for any loss of digital data whatsoever.
13. No part of any order, including previews, will be delivered until the balance is paid in full.
14. Image issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.
15. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases photographer from any liability for any claims whatsoever based upon fading or discoloration of any photographs.
16. A notification will be sent to the Client once the gallery is available for viewing. Depending on the package, the gallery will remain active for a set time (1 week for The Mini package and 2 weeks for The Grand package). After the set amount of time, the gallery will expire. There is a $40 fee for gallery re-activation.
17. A print release is included with the purchased digital files to print images for personal use by Client only. The Print release does NOT allow publication of your images (i.e. entering them in contests), selling, altering the images is any way without the photographers written permission.
18. This price list is adjusted periodically and future orders and/or fees shall be charged at the prices in eggect at the time the order is placed and/or the session is booked.
COPYRIGHT & PENALTY
Per Title 17 of U.S. Code (US Copyright Act) It is ILLEGAL to copy, reproduce, or alter in any way the photoraphs taken by Dana Faith Photography without the express permission of Dana Faith Photography. Violators of this Federal Law will be subject to its civil and criminal penalties.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Dana Faith Photography during the Client's photo session. This applies to "sneak peeks", images posted on social networks (such as Facebook, Instagram, ect.) images posted in Client's online gallery, on the Photographers blog, website or hard copies of digital imgaes purchaed. Client agrees to refrain from copying, screen capturing, downloading, printing, sharing, scanning, saving, altering, or otherwise stealing from Dana Faith Photography. If a 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 current price per digital file.
This contract shall be governed by the laws in the State of Washington and Benton County and any applicable Federal law.
By electronically signing this contract and hitting the submit button, you are confirming that you accept the terms and conditions stated above.