BOOKING PROCESS & SESSION FEE PAYMENT TERMS (PORTRAIT SESSIONS ONLY): The NON-REFUNDABLE RETAINER FEE/DEPOST is due at time of booking and is required to reserve the photography session on the agreed upon date and time. This fee is non-refundable even if the date and time is changed or in the event that the client cancels the contract. Acceptable payment is by credit card or cash only unless approved by SBP. The session fee compensates your photographer for her time and talent and does not apply towards or include other products or service. Prints, albums, digital files, art pieces and other custom products are available to invest after FINAL EDITS are added to online viewing gallery. Session date and time is not officially reserved until both payment and contract is received.
SESSION RESCHEDULING/CANCELLATION: If a client wishes to cancel or reschedule their portrait session it must be done via email and acknowledged by SBP 48 hours prior to the session date. If client wishes to reschedule they will have 90 days from the original session date before session expires. In the event of an expired session or cancellation the client will not receive any type of refund or credit for future services with SBP. At the discretion of SBP, client may be invoiced a $50 cancellation/rescheduling fee. No shows will forfeit their non-refundable retainer. The Photographer will try to remind the Client about their appointment at least 24 hours ahead of time, but it is not guaranteed. The Photographer is *not* responsible for client attendance. SBP works by appointment only.The new appointment date must be made at the time of cancellation, except in case of severe illness (hospitalizations, death in the family, or Acts of God). If the weather is bad or is forecast to be bad, the Photographer will reschedule the session appointment. This is up to the discretion of the Photographer.
PROOFING GALLERY GUIDELINES: Within 3-5 business days your online viewing gallery will be emailed via email address provide. These images will be unedited and watermarked, Select your favorites (amount included dependent on session booked) and notify SBP promptly once final choices are made. You will be invoiced for any images over the amount provided with session. Invoice for additional images must be fulfilled prior to gallery being processed/edited. Hand edits will take approximately 3 weeks. Once edits are complete you will be notified via email that your gallery is now completed, ready for download and/or product purchases. Gallery will be valid for 30 days prior to this email. There is not guarantee of image availability after gallery has expired. Extensions provided with advanced notice and acknowledgement of SBP. Expedited editing is available for an additional fee.
TRAVEL FEES: If your desired location is more than 10 miles outside of the 70503 area code please request a custom quote as you may be responsible for SBP expenses including but not limited to mileage, parking, airline reservations, hotel reservations, local transportation and a per diem food stipend. (dependent on distance)
LOCATION ACCESS, FEES, PERMITS + HOUSE RULES: If client chooses to shoot at a location that charges for access or requires permits, they shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. Client shall also be responsible for organizing access to the location and any permits required for doing so. SBP is limited by the guidelines of the location. Client is responsible for negotiating deviations from the location’s house rules.
WEATHER LIMITATIONS FOR PORTRAIT SESSIONS: SBP prefers to shoot outdoors with natural light and reserves the right to reschedule a portrait session due to weather conditions including but not limited to rain, wind, snow, dust, extreme temperatures, etc.
LIMITATIONS ON LIGHT: SBP is primarily a natural light photographer. In the event that any part of the portrait session occurs at a time or in a location where there is an absence of natural light it is at the SBP’s discretion to use artificial light sources and the images will look different than the natural light images. Images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance.
LATE ARRIVAL: Clients must arrive to their portrait session at their scheduled start time. If client is late the session time will not be extended or rescheduled. Refunds or credits are not available for portrait sessions cut short or entirely missed due to a client’s late arrival.
EXCLUSIVE PHOTOGRAPHY RIGHTS: In order to provide the best service, no other photography (including videography) may take place during the photography session as this can interfere with lighting, create unnecessary distractions, shadows and even ruin a perfect image opportunity. Therefore, it is understood that upon contracting SBP as your photographer, that any and all other photographers and videographers, professional or otherwise, will not be allowed to neither interfere nor dictate photography during the contracted time.
ARTISTIC STYLE: Client acknowledges that SBP requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.) Client is familiar with the photographer’s portfolio and is requesting services with knowledge of the photographer’s style, that their services are of a unique and artistic nature and is constantly evolving therefore images created may be different from images taken in the past.
IMAGE OUTCOME: SBP does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during the portrait session.
PAYMENT TERMS OF PHOTOGRAPHY PRODUCTS: 100% of the entire balance of all photography products is due upon order placement. Acceptable payment is by credit card or cash only unless approved by SBP. Pre-arranged payment plans are available upon request with terms set by SBP. In the event of a payment plan the production process will not occur and all photography products, including digital files, will not be released until 100% of the balance is paid in full. A minimum of a $30 fee or 30% of the total order will be added to the remaining balance total for every scheduled payment missed.
ALL SALES FINAL + CLIENT SATISFACTION: All photography products sold by SBP are custom and no refunds will be issued. If the client requests any changes during the production process there will be a fee equivalent to 30% of the total order. Changes cannot be made to a completed product. Client will need to re-purchase the product and will not receive any type of credit or refund.
Photography products are 100% guaranteed in quality and SBP will happily redo any items deemed defective if notified within 30 days from pick up. SBP is not responsible for any redo charges if client dislikes a product for any other reasons besides defectiveness such as aesthetics, image changes, material changes etc.
ORDER PICK UP and SHIPPING: Clients will be notified by phone once their order is ready for pick up and the credit card on file will be charged the remaining balance. The client will have 4 weeks from the day of notification to schedule a pick up time at the design studio. After 4weeks the order will be automatically shipped to the home address and the credit card on file will be charged for shipping plus a $25 handling fee. Shipping and handling fees are non refundable, based on current postal prices and non negotiable. SBP is not responsible for replacing any items that may be lost, stolen or damaged in the shipping process.
COPYRIGHT & IMAGE USE BY STUDIO: The photographs produced by SBP are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without written consent of SBP. SBP owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to client or notification before use. BBP also reserves the right to publicly display the names of client. As author of all images made hereunder and as provided by law, SBP shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by client without written consent of SBP the client will be charged at (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions.
PRIVACY REQUEST SBP has the right to use any images taken by them for use in their portfolio and promotional advertising (see copyright & image usage by studio for detail). SBP understands that some clients wish to keep their images private. If privacy is requested, SBP will honor privacy and request that a privacy addendum be signed.
LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE: SBP grants a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in their online gallery if purchased ("Media").
WHAT YOU MAY DO:
• Display images on personal websites, personal social media, and computers.
• Make prints for personal use. When printing please note that the actual color and/or brightness for a photo depends on individual computer settings and BBP is not responsible for color outcome.
WHAT YOU MAY NOT DO:
• Alter images in any way including cropping and photographic filters such as but not limited to Instagram and Facebook filters. This applies to any person altering the image including friends and family. Resell, re-license, sub-license, or redistribute without express written permission from SBP.
• Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from SBP.
• Use the media in any advertising without express written permission from SBP.
• Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner.
• Incorporate images into trademarks, logos, or service marks without express written permission from SBP.
CULLING + EDITING+ RAW IMAGES: SBP retains complete control over the culling and editing process. After the portrait session, each image is put through a careful selection process where photographer selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently during the culling process. SBP does not guarantee a minimum number of images in client’s final image gallery. Under no circumstance will SBP release RAW image files. Selected images will be color corrected and lightly edited for presentation. SBP retains complete control over which images are delivered in color and which images are delivered in black and white. During the retouching phase for images printed through the SBP, the Studio will retouch any mark that will not be present in two weeks (i.e., acne, bruises etc.) as well as artistically enhance images. Any additional client requested edits, including but not limited to, removal of scars, tattoos or birthmarks, removal of persons or things, body shaping, head swaps, etc. may be subject to additional retouching fees at the photographer’s discretion.
ALBUM DESIGN: When an album is purchased the client may have the choice of size, style and cover material. SBP will retain complete control of the design. This includes but is not limited to selecting images, black and white vs. color, cropping and cover image. Client will not receive a book proof before printing. Albums are 100% guaranteed in quality and cannot be rejected because of layout, image selection and personal taste..
PRODUCT AVAILABILITY AND PRICING: SBP or our outside vendors may revise or discontinue product options at any time without prior notice, and products may be come unavailable even after an order is placed. All prices are subject to change without notice.
PRODUCT VARIATIONS Many of the products offered are made with natural materials and contain imperfections that add to their unique beauty. Products may vary in surface texture due to the use of these natural occurring imperfections.
DIGITAL FILES and ARCHIVAL OF IMAGES: Physical CDs or USB drives will not be given but can be purchased individually or with packages. Once purchased digital files will be available to view as an online gallery for 4 weeks after order is paid in full. This online gallery will be up for 30 days and it is the client’s sole responsibility to download the files and archive them properly. After 30 days files will be deleted from the online gallery and from SBP’s drive. SBP does not provide any type of digital file archival services and is in no way responsible for the loss or damage of files. In the event that a client needs the gallery to be reposted, and if available, the client will be responsible for a reposting fee determined by SBP.
GIFT CERTIFICATES/CREDITS: Credits and gift amounts can be applied to current product and service menu only, which is subject to change at any time. Credits and gift certificates expire twelve months from date of purchase.
LIMIT OF LIABILITY: SBP represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of images. However, in the event that the studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the studio’s control or own negligence, the studio’s liability shall be limited to a refund of all payments made by client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images.
INDEMNIFICATION: To the fullest extent permitted by law, client agrees to defend, indemnify, and hold harmless SBP, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by the client, their guests, agents and any vendors. In the event any such claim is made, and upon notice from BBP client will be responsible for reimbursing BBP for the cost of defending such an action or proceeding, using counsel satisfactory to SBP. This provision shall survive the termination of the client session contract.
IRREVOCABLE MODEL RELEASE: By signing any portrait contract with SBP client grants SBP their unlimited permission to license, use, reproduce and distribute images of client and/or their property, in any country, at any time, in any media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. Client understands and agrees that their images may be altered and modified to the point where they may even be unrecognizable. Images may be combined with other pictures, text or graphics. Names may be changed and used with images. Client will have no right to inspect or approve the final use of images or copy that may accompany it. Client agrees that they have absolutely no right to compensation for use of their images and warrant they will make no claim against BBP or her assigns for compensation relating to the use of images.
POLICIES PERTAINING TO WEDDINGS ONLY:
WEDDING PAYMENT TERMS: The wedding contract and a non- refundable commission fee (50% of total wedding collection) are due at the time of booking your event date. The commission fee is non-refundable even if the client changes the date and or time or in the event that the client cancels the
contract. No dates will be reserved until both the commission fee and signed contract have been received by SBP. The remaining balance of the chosen collection owed to SBP is due 6 weeks prior to the wedding date. This remaining balance also includes any and all necessary expenses (specified on this contract) for example but not limited to travel, hotel charges etc. No photography will take place and no rights are granted until full payment is made.
FAILURE TO MAKE FINAL PAYMENT: Failure by client to make the final payment as scheduled 4 weeks prior to the wedding date as scheduled in the signed contract shall be deemed a material breach of contract. In the event of a material breach SBP may cancel the contract and be relieved from any further obligation of performance. SBP may charge a $30 per day late fee in addition to the final balance until the balance is paid in full. If the balance is not paid after 30 days, SBP may send the client account to collections. If a client wishes to cancel their wedding contract it must be done in writing and acknowledged by SBP 3 months prior to the wedding date as indicated in the signed wedding contract .The initial commission fee that was required to book the photography services of SBP is non-refundable. If the contract is cancelled less than 3 months out from the scheduled date client will forfeit all payments made to SBP in addition to the non-refundable commission fee. The entire remaining balance will be due in full at time of cancellation or sent to collections at the discretion of SBP.
The photographer is not responsible for dissatisfaction of images due to personal appearance, such as hair or clothing choices. I n the event that you would like to schedule another session due to client regret in the previous session completed, SBP may choose to offer a discounted session price. Re-shoot must be scheduled within 2 weeks of receiving the previous session’s gallery.
SCHEDULING TIMELINES: SBP and client will collaborate all schedules and arrangements for services to be provided well in advance before wedding date. No alteration to coverage timeline will be made by client, wedding planner, DJ or other vendor without coordination with the photography team. SBP will work to meet all reasonable requests and expectations; however, circumstances may prevent certain images from being created. It is important that you understand that SBP does not warrant that it will provide specific images or poses. Finally, please realize that if you or your wedding party/guests/family arrive late, alter or interfere with the planned photography schedule or if scheduling is altered by another vendor or by unforeseen reasons, SBP may not be able to make all of the images you might otherwise receive and if this occurs, SBP is relieved of any liability.
Please do not contact the Photographer for any photography related questions via text or their personal Facebook. The Photographer needs to be able to track and keep a record of your conversations, especially when it has to do with your sessions. The best way to book and discuss your sessions and events is through email (this website) or the Photographers Facebook page (www.facebook.com/stevibeanphotography.com)
The session fee pays for the time and talent of the photographer plus one password protected gallery with the amount of images from your session guaranteed upon booking. The retainer paid on the day of booking your session will be subtracted from the total session fee. This is a non-refundable fee. However, your session may be rescheduled in the case of an emergency or with at least 24 hours’ notice for any non-emergency free of penalty. The remainder of the session fee is due at the time of your session.
Prices are subject to change without notice. However, you will be locked into the current prices for that session at the time of booking. Once that session is completed, any sessions beyond that will be subject to the current prices at the time of booking. The Photographer will not honor any quotes that are more than 30 days old.
NEW ADDITIONS TO POLICY 6/1/2019:
SBP and associates have the right at any time to terminate your session without refund if faced with harassment or mistreatment from client. Harassment includes, but is not limited to abrasive and/or hostile treatment of SBP and associates, offensive verbal comments, related to gender, race, sexual orientation, disability, religion, or any other protected classification directed toward an individual or group. Intimidation, threats, stalking, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome attention will also be considered harassment. Similarly, sexual, racist, derogatory, threatening, or other inappropriate language and imagery are not appropriate. All members of our team are to be treated with respect and dignity.
SBP offers limited wardrobe selections. Correct sizing must be given in order to ensure that this is available for use. If size estimation is incorrect on clients, SBP is not held liable to ill fitting or lack of garments in size. Garment guarantee is only available upon direct conversation with SBP and only guaranteed if true measurements/size are given.
My goal is for your 100% satisfaction with your session and images. There are no charges for re-shoots due to technical issues pertaining to equipment or computer malfunction. However, free shoots for any of the following reason cannot and will not be provided; dissatisfaction with clothing, facial expressions, hair, wind, non compliance of client/participants or any other items beyond our control.
Please do not bring a large group of people (family, friends, etc) that are not going to be included in the session. Bringing a friend or two is always welcome for senior sessions, and of course if one parent is unable to attend a child's session, a "helper" is more than welcome to attend as well. This is especially important with pets and kids, as the Photographer will need their full attention on her rather than looking at other people.
If you have a sick child on the day of the session, please call to reschedule. If you try to keep the appointment and the Photographer notices that the child/children are sick, the Photographer will most likely request that you reschedule, at no extra charge. Sick or uncomfortable children do not like to be photographed and we know that you will not love your portraits nearly as much as you would if he or she was feeling their best. Do note that the Photographer cannot guarantee the number of images captured due to children's behavior and temperament that is beyond the Photographer's control.
Before Your Session: Please have your children dressed and ready to go- this includes hair combing and having their faces clean (wipe mouth, nose, eyes); children are more likely to become grouchy if they are fussed with too much at or during the session.