By utilizing this service, you agree to the following conditions:
A retainer of $100 is required to reserve the date and time of your session. Bookings surpassing the total of $500 will require a retainer of 50% of the total cost.
This is a non-refundable retainer. However, it is deducted from the overall payment. In the event of cancellation, the retainer is non-refundable. However, the retainer does allow for one emergency reschedule free-of-charge. Any reschedule after the first one will incur a fee. No date is reserved until the retainer is received. The balance of the complete package price must be paid on the day of the photo shoot. If final payment is not received, the Photographer will not be expected to provide photographs.
In the event of poor weather forbidding the photo shoot session, the session will be rescheduled without any penalty. This reschedule does not use-up the “one free reschedule” policy.
Proofs and Editing / Post Processing
Once the photo shoot has concluded and full payment has been received, proofs of the session shall be provided to the Client by the Photographer. The Client must then choose the images that the Photographer shall edit / post process.
The image limit is dependent upon the package purchased and will be outlined in the Client's invoice. The client has up to 30 days to choose the images to insure an editing completion time of anywhere between 7 – 14 days after the chosen list has been sent to the Photographer. If the proof choices are sent after the 30 day mark, the Photographer cannot guarantee a completion time of 7 – 14 days, and the completion time will be at the discretion of the Photographer.
The Photographer always tries her best to accommodate deadlines, time constraints, and release dates. However, the Photographer does require that the Client keep in mind that it may take up to 14 days to complete edits, and as such, the Client should plan accordingly.
In the rare event of a personal emergency on the part of the Photographer that causes a delay in editing (valid only if the Client provided a list of chosen images within the 30 day deadline to ensure an editing time of anywhere between 7 – 14 days), the Photographer reserves the right to outsource the editing to ensure the agreed upon completion deadline. Outsourced editors will be provided with a Non-Disclosure Agreement to hold Client's images private. If the Photographer is unable to outsource the project, depending upon the amount of completed work, options (not limited to a partial refund) will be offered to the client at the discretion of the Photographer.
The Client may pay with cash, check, money order, debit card, prepaid card, or credit card (Mastercard, Visa, and Discover). Payment by credit card or debit card will incur a processing fee of 3.5%. The balance of the complete photo session price must be paid on the day of the photo shoot. If final payment is not received, the Photographer will not be expected to provide photographs. If a payment plan is applicable, that shall be outlined on the invoice. Payment is not refundable once the photo session has begun and proofs have been sent.
A distance fee will be incurred for photo sessions taking place beyond a 15 mile radius of Sherman Oaks, California or a 25 mile radius of Las Vegas, Nevada. The distance fee will be calculated based upon the Federal standard of $0.58 per mile.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.
The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. In the event that the Client has asked the Photographer to stop taking photos due to any situation out of the Photographer's control, the Photographer is not held responsible for images not taken that would have normally been taken during that time. The Photographer is not responsible for accommodating prop requests, although the Photographer may offer to kindly assist in the procurement of certain props. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
The Photographer is not liable for any and all circumstances beyond the Photographer's control.
Change of Work
If the Client requests changes of the agreed upon work after the job has begun, a change order will be issued with fees corresponding with the changes requested.
Change of Date, Time Slot, or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least two business days
(48 hours) prior to the scheduled date of event. Location, time, and/or date changes may not always be accommodated after the original location, time, and/or date are confirmed by the client. If the change is requested later than 48 hours prior to the scheduled date of event, changes will not be accommodated and no refunds will be issued. The reservation deposit is not refundable.
Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. In the event of change of address, an adjusted distance fee may be incurred.
The Photographer kindly asks that the Client get in touch with the Photographer one week prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Tardiness / Cancellation
There shall be no refund of the retainer after the reservation of the photography date. If the Client wishes to cancel the appointment and not reschedule, a written cancellation document will be provided to the Client.
The Photographer reserves the right to invoice the Client the full agreed-upon amount of the photo shoot session if the Client does not notify the photographer of a cancellation within 48 hours of their session or proceeds to not show for their session.
In the event that the client is late to the appointment set, the client’s session will still be for the same scheduled ending time.
The Photographer may recommend makeup artists, hair stylists, prop designers, animal handlers, directors, or wardrobe designers upon request. The Photographer is not liable nor responsible for any third parties present at the photo shoot. The Client is to make all agreements, payments, and arrangements with third parties independently from the Photographer.
File Transfer and Archival
Completed digital photograph files shall be made available for download to the Client upon editing completion. Full resolution files shall be made available for download for a time period of 30 days after completion.
The raw/unedited image files and the completed/edited image files will be archived on external hard drives. Raw/unedited files are archived 30 days after the photo shoot date. Completed/edited files shall be archived 30 days after being sent to the Client.
The Photographer is not liable for any file losses due to a hard drive corruption or damage after the files have been archived. As such, the Client is responsible for safely storing their file copies after the 30 day time period. In the rare event that the Photographer loses the image files within the 30 day period, depending upon the amount of images lost, options (not limited to a partial refund) will be offered to the client at the discretion of the Photographer.
The Photographer will resend the files within the 30 day time period free of charge. If the Client needs the Photographer to resend the files after the 30 day time period, the Client will incur a fee to pull the files out of the archive.
The Photographer agrees to hold all of the Client’s information strictly confidential and secure. No personal information (such as email addresses, phone numbers, billing addresses, payment information, photo shoot location, and other sensitive information) will be sold, shared, disclosed, or made public at any time.
The Photographer may request permission to release some of the images taken at the Client’s session, but will not release any images without written consent from the Client. The Client is in full control of if the images are released, how they are released, what information accompanies the images, and which images are released (if any). The Client may ask the Photographer to release the images to promote the Client, and the Photographer is happy to oblige.
The Client may use their purchased images non-commercially indefinitely. Non-commercial use includes posting on social media, sharing with family and friends, posting on a personal website, printing for personal use, personal promotion, etc. Non-commercial use excludes any sale of the work or any portion thereof for money, even if the sale does not result in a profit by the seller or if the sale is by a 501(c)(3) nonprofit or NGO. If commercial use is required, that shall be discussed prior to the photo session and outlined in the invoice. The Photographer will provide a written document to the Client granting them permission to utilize the images commercially at the time of the photo session.
Waiver of Liability Release
By agreeing to a photography session with DFlux Photography, LLC, I am hereby waiving, releasing, and discharging DFlux Photography, LLC from any and all liability, including but not limited to, death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. DFlux Photography, LLC 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. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against DFlux Photography, LLC for any reason.