Terms & Conditions

These are general terms and conditions that will apply to all sessions. when you book, your contract may contain additional provisions or modifications as agreed to by both parties.

Deposit and Payment

All Package costs are as stated at the time of booking & will remain once booking is confirmed. The retainer must be paid in full at the time of booking. Retainer secures the time and services of the Photographer for the sitting and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation as the photographer will not make other reservations for that time and date. Sittings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Following payment of the retainer, balance of any fees due is to be paid on, or before the date of the sitting. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and albums is to be made when they are ordered.

Copyright and Ownership of Images

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.

Client Usage

The Client is obtaining prints for personal use only, and shall not sell said prints or authorize 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.
If Client is obtaining a print for reproduction or publication, Photographer authorizes Client to reproduce the print only as agreed upon by Client and Photographer. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

Reschedule

Due to the time specific nature of this service, clients may not reschedule under any circumstance within 48 hours of the shooting date and client will still be liable for deposit and any monies owed as stated in their Contract for Services. Requests for rescheduling will be granted on a case-by-case basis and will be dependent on photographer’s availability. A rescheduling fee of up to 25% may be applied. If an alternative date cannot be accomodated, Cancellation provisions will apply. Deposits are non-refundable.

Torrential Weather (outdoor portraits)

If the weather is torrential and Photographer determines shoot is not possible, the session will be rescheduled for another day.

Personal Camera

Client may not bring own camera or recording equipment to the session. If a camera is present, Photographer will have to request that it be put away.

Requested Coverage

Alex Rain Photography will honor requested photographs but does not guarantee any specific photographs.

Artistic Style

Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white.

Retouching

All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost

Cooperation & Physical Liability

All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.

Copyright & Reproductions

The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Photographer maintains the right to make reproductions for the Client or for the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.

Photographer

The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or personal crisis. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

LIMIT OF LIABILITY

In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. 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.

Inherent Qualities

Client is aware that color dyes in photographs and photography products 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 due to such inherent qualities.