Terms & Conditions
IF HAVE ANY QUESTIONS ABOUT THESE TERMS & CONDITIONS SEND ME AN WITH YOUR INQUIRY AND I'LL GET BACK WITH YOU ASAP.
SELECTED PHOTOGRAPHS: After careful review of the photographs taken pursuant to this Agreement, Photographer will edit and present to Client only those photographs that, in Photographer's sole judgment, best represent Photographer's work. Unless otherwise specified and agreed upon with client.
PAYMENTS: Client agrees to pay Photographer non-refundable retainer to secure session date. Retainer must be no less than 50% of the total session fee. In addition, Client agrees to remit full balance at least TWO DAYS PRIOR to commencement of photo session plus any applicable sales tax.
CANCELLATION: All retainers are a non-refundable. Clients are given one pass to reschedule for emergency purposes. Beyond that, you must place a new deposit to secure a new date. Should weather cause us to reschedule there is no fee for that. Once a session fee is paid in full there are no refunds, only reschedules.
PUNCTUATION PLEASE: It is very important that you arrive to your session on time and ready to begin. Our specific appointment time is set aside just for you. Please make every effort to be time so that you can receive your full session. Being late or not ready to start will cut into to our shooting time. Showing up more than 30 minutes late may result in a forfeit of your session fee. Please limit attendance to those being photographed plus one to keep down distraction.
SESSION FEES: Session fees are due in full before the start of your scheduled session. Once a session fee is paid in full it cannot be refunded. If you need to reschedule for emergency reasons, we will apply your credit to your future session. If you would like to discuss the cost of your session or have questions, please feel free to email me.
LIABILITY LIMITS: Although Photographer shall take due care to perform photography services pursuant to this Agreement, Photographer's liability for any loss, damage, or failure to deliver photographs (including for acts of God, terrorism, accident, illness, equipment failure, or any incident of unpredictable misfortune) shall be limited to Payments made pursuant to this Agreement.
SUBSTITUTE PHOTOGRAPHER: Photographer may substitute another photographer to take the photographs pursuant to this Agreement in the event of Photographer's illness or other emergencies. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
COPYRIGHT: As the author of all photographs made pursuant to this Agreement and as provided by law, Photographer retains the copyright in and to the photographs. The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C. § 101, and that Photographer retains those exclusive rights in the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
Inclement Weather: Rescheduling/Cancellations: While I have no control over mother nature, I will do my best to work around any inclement weather. If we are unable to avoid rescheduling due to inclement weather we will reschedule for the next available date & time. Rescheduling will be for the next available date. Please keep in mind that availability is limited so the next available date may not be for a few weeks or longer. In the case of inclement weather we will reschedule for the next available date, which could be up to 4 weeks from the original session date. If you would like to cancel your session completely, you will forfeit your retainer as retainers are non-refundable. If you do not show up to your session or show up considerably late you may forfeit your session and all payments made.
CLIENT'S USE OF PHOTOGRAPHS: Client may use the photographs taken pursuant to this Agreement for personal, non-commercial purposes, including display on personal websites and copies for family and friends, if, when customary, credit is given to Photographer as "© Moe Cole Photo." Client agrees to not permit or assist with any commercial use or sale of the photographs without specific written consent of Photographer.
TURN AROUND: I have a 14 day turn around. Anything faster than that requires clients to purchase expedited editing services. $99 for 7 days. $199 for 3 days. No sneak peeks are offered at this time.
MODEL RELEASE: Client grants Photographer and Photographer's heirs, legal representatives, and assigns the irrevocable, perpetual, and unrestricted right to use the photographs taken pursuant to this Agreement in all forms, media and manners, in conjunction with Client's own or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes. Client now and in the future waives any right to review or approve: the photographs themselves, the use of the photographs, or the matter that may be used in conjunction with the photographs. Client waives any right to royalties or other compensation arising from or related to the use of the photographs. Client releases, discharges, and agrees to hold harmless Photographer and Photographer's heirs, legal representatives, and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the photographs.
RETENTION OF PHOTOGRAPHS: Photographer will retain copies of the photographs taken pursuant to this Agreement for at least 90 days after the portrait session.
Retainers: Retainers are due at the time of booking. No sessions will be secure without a retainer. If we discuss a date for your session via email or any other form of communication that date is not confirmed without a deposit. Retainers are non-refundable.