Please read our contract carefully and make sure that you understand all of elements of the contract.
Michael Roud Photography Session Contract:
By clicking the check box, the Client agrees to all terms and conditions listed here-in.
1. PHOTOGRAPHY SESSION ORDER:
This signed contract constitutes an order for photography services in the form of high-resolution digital images and/or prints. There are no oral or other agreements between the parties hereto, and this contract constitutes a full and complete understanding and agreement between the Client and Michael Roud Photography (MRP).
2. LIMITATION OF LIABILITY:
The Photographer will take reasonable care with the digital files; however, in the event of loss, damage, or failure to deliver photographs due to reasons beyond the Photographer’s control (including but not limited to force majeure events, illness, or equipment malfunction), the Photographer’s liability shall not exceed the total contract price stated herein.
3. LIABILITY WITHIN THE STUDIO AND ON-LOCATION PHOTOGRAPHY:
MRP and its employees or contractors are not liable for any injuries or damages sustained by the Client or any participants during the session, whether on location or in the studio. The Client agrees that they are participating in the session at their own risk and are responsible for their own safety.
4. NATURE OF PHOTOGRAPHY:
4.1 The Client acknowledges that photography is inherently subjective and artistic. The interpretation of images, as well as the satisfaction derived from them, is personal and may vary from individual to individual.
4.2 The Photographer agrees to use their professional skill and judgment to deliver photographs that align with their artistic vision and expertise.
5. CLIENT UNDERSTANDING AND EXPECTATIONS:
5.1 The Client acknowledges that they have reviewed the Photographer’s portfolio and is familiar with the style of photography provided by MRP.
5.2 Variations in color, composition, and artistic style are natural in photography, and the Client accepts the Photographer’s judgment in these matters.
6. NO GUARANTEE OF SPECIFIC IMAGES:
6.1 The Photographer does not guarantee the capture of any specific moment or image during the session.
6.2 Photography is subjective, and the Photographer cannot guarantee the Client’s full satisfaction with the final images.
7. RETOUCHING AND EDITING:
7.1 The Client understands that photography and retouching are subjective, and the level of editing desired may differ from person to person.
7.2 The Photographer agrees to retouch images according to their artistic vision and expertise. Dissatisfaction with the retouching will not entitle the Client to a refund.
8. EXCLUSIVE PHOTOGRAPHER:
No other photographers, amateur or professional, are allowed to photograph at the session unless agreed upon by the Photographer. Violation of this may result in the termination of the session without refund.
9. OWNERSHIP OF DIGITAL FILES:
The Client and Photographer share ownership of the purchased digital files. The Client receives personal, non-commercial usage rights to the images, while the Photographer retains the right to use the images for promotional purposes. The Photographer is not obligated to retain digital files beyond one month from the session/event date.
10. DISPLAY OR PROMOTION:
The Photographer may use photographs from the session for website and promotional purposes unless otherwise agreed upon in writing by the Client.
11. DEPOSIT AND RESCHEDULING POLICY:
A non-refundable deposit is required to book the session. This amount is typically $250 but may be up to 50% of the package price. The deposit is deducted from the total amount due.
11.1 RESCHEDULING POLICY:
- Sessions can be rescheduled once at no additional cost if rescheduled at least 7 business days before the session date and the entire shoot balance is paid in full.
- Any further rescheduling will incur additional charges.
- In cases of sickness or other emergencies, the same rescheduling rules apply.
11.2 CANCELLATION/PAYMENT/REFUND POLICY:
- The deposit is non-refundable, even if the session is canceled for any reason.
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A 3% processing fee applies to all credit card payments and is included in the deposit amount if you pay through our scheduling program. To avoid this fee, you may pay the remaining balance after your session via Zelle or Venmo. You may also pay the deposit via Venmo or Zelle to avoid the fee.
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If you choose to pay the full amount on our scheduling app by credit card, the 3% processing fee will be due after your session.
- If the Client fails to appear for the scheduled session or cancels within 48 hours, they forfeit the deposit, and an additional $250 No Show fee will be due and charged to the client’s credit card on file or will be billed to the client and if not paid, will be sent to a collection agency. Full payment of the remaining session fee is due on the day of the session or as otherwise specified. Failure to pay the remaining balance will result in the termination of services.
- If the Client is 30 minutes or more late to the session, it will be considered a No-Show. The Client is responsible for the entire session balance, and the Photographer is under no obligation to conduct the shoot or provide any services.
12. SESSION FEE AND CANCELLATION POLICY:
Upon payment of the deposit, the time and date of the photography session are reserved. The session fee is non-refundable. If a session is canceled or rescheduled outside of the above guidelines, the Client will forfeit their deposit and any other payments made.
13. GUARANTEED DELIVERY:
The Photographer agrees to provide a proofing gallery within two weeks of the photo session. The Client acknowledges that the gallery will be available for one month, after which a $40 fee will apply to extend access.
14. EMPLOYMENT STATUS:
This contract does not establish an employment relationship. The Photographer is an independent contractor.
15. MAKEUP AND HAIR SERVICES DISCLAIMER:
The Client acknowledges that MRP does not provide makeup and hair services directly and works with independent contractors. While MRP may suggest or coordinate these services, any third-party makeup and hair professionals are separate entities from MRP. MRP is not liable for the actions or outcomes of these independent contractors.
16. PHOTOGRAPHY SESSION POSTPONEMENT:
In the event of a force majeure event (natural disasters, government actions, etc.), the Photographer will reschedule the session at a mutually agreed-upon date. The Photographer will not be held liable for any dissatisfaction or damages due to postponements.
17. CONFIDENTIALITY:
MRP agrees not to disclose any confidential information regarding the Client’s business or personal matters, which could result in harm if unauthorized disclosure occurs.
Again, by clicking the check box, the Client agrees to all terms and conditions listed here-in.