This page details the current terms and conditions for ABROWNsPHOTO ("me/I/his/my/the photographer"). Please read this information carefully and let me know if you ("you/the client") have any questions. Your booking indicates you are agreeing with these terms.
I reserve the right to change these Terms and Conditions at any time. If a change happens after you have booked a session, you will be notified of the change(s) via email.
Booking & Cancellation
If we agree on a date, I will schedule you in for that time period and guarantee to show at the scheduled time. If there are unforeseen circumstances that will cause a delay, I will communicate with you and make sure you're kept informed of the situation. No deposit is required to book your session. This gives you the freedom to change your mind or cancel without repercussion. Yeah, I keep it simple.
All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.
Creative License & Editing
You grant the photographer full creative license to shoot, select, and edit images, and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer. It’s not always possible to remove unwanted distractions (hair, boogers, crumbs, etc) in Photoshop. It's always better to fix these things beforehand, so please make sure everything is how you want it to look in the final images before I take any pictures. It is understood that the photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the photographer in writing before the photos shoot.?
The client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in social media, brochures, advertising, magazine articles, websites, sample albums etc.
The images the client receives are for personal use only, and shall not be sold, nor is there authorization for any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screen shot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images.
I am not liable to deliver every image taken at the event or during the session(s). The determination of images delivered to the client is left to the discretion of the photographer. I will deliver digital files as quickly as possible. However, this could take 4-6 weeks depending on busy times. The photographer’s choice of image selection is final. Additional editing can be requested but is delivered at the photographer’s discretion and may incur additional charges.
Once the online gallery is ready and delivered by photographer, Client will only be able to "view" the online gallery unless/until full payment has been received, in which case the client will have access to the download function. The Photographer can disable the clients’ online gallery or revoke access at any time. Gallery access is provided free for six months for weddings and 90 days for all other types of photo shoots. The client would need to pay for online gallery access once the free time period has ended.
Archiving Digital Files
While copies of all photos are typically archived by the photographer, it is the client's responsibility to properly store and archive the image(s) they've downloaded/received. Photographer cannot guarantee the availability of and image(s) beyond the date that a gallery is closed or access is revoked.
If I'm unable to perform photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond my control, then I will attempt to procure the services of another professional photographer to fulfill my obligations. If that does not succeed, I will return any fees paid by Client and will have no further liability with respect to this Agreement, and I will not be responsible or liable for any other damages beyond the amount of this Agreement. This limitation of liability will also apply in the event that any image(s) is/are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
This clause applies to all social media and blogs. If and image(s) is/are posted online, it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping by the platform), altered in color, or edited in any way.?
No travel expenses are charged for shoots up to a 60 mile round trip from the Photographer’s location of Los Angeles, CA. Additional mileage will be charged to the Client at $20 per mile. If the portrait session is taking place on location, any entrance fees, parking fees or related expenses will be payable by the Client. Portrait sessions include digital delivery of the best images from the shoot at a size appropriate for sharing on social media. The Client may purchase full resolution digital files at additional cost.
Electricity Outlets & Space
If my photo booth is being rented, it is the client's responsibility to ensure access to a grounded 110-120v outlet is made available, and space for the required equipment.
The Photographer cannot be held responsible for any personal accidents during a photo shoot. Any directions issued to the client(s), guests, or employees during a photo shoot are deemed to be at said person's own risk.
In the event that other guests are taking photos, I am not responsible for obstructed photos, photos ruined due to separate flashes going off, eyes being focused elsewhere, or any other behavior from guests. I am not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.This Agreement shall be governed by the laws of the State of California