Legal document
Terms of service
Booking, payment, rescheduling, cancellation, delivery and the limits of what is promised.
Who you are contracting with
These terms govern photography sessions booked through this site, operated by TODO_LEGAL_NAME, a TODO_ENTITY with a mailing address at TODO_MAILING_ADDRESS. Contact: TODO_EMAIL, TODO_PHONE.
Booking and payment
A session is confirmed when the retainer is received, not when the enquiry is answered. The retainer is TODO_RETAINER_PCT of the session fee and it holds the date. The balance is due TODO_PAYMENT_TERMS.
Prices shown on this site are starting prices in US dollars and exclude any permit fee, park entry, venue charge or parking that the location itself imposes. Where a session needs a permit, the cost is named before you book and appears on the invoice as a pass-through.
Rescheduling and weather
You may move a session once at no charge with at least seven days' notice. Inside seven days, the retainer is forfeit and a new one is due.
Weather is not a cancellation in itself. Overcast skies and light rain are working conditions and often better ones. Where conditions make the planned location genuinely unusable — lightning, a flood warning, a closed park, smoke — the session is moved rather than cancelled, at no charge, at whichever party calls it.
Cancellation
| Notice given | Retainer | Balance |
|---|---|---|
| More than 30 days | Refunded in full | Not yet due |
| 14 to 30 days | Retained | Not due |
| Less than 14 days | Retained | 50% due |
| No-show | Retained | Full fee due |
TODO_CANCELLATION_TERMS.
The three-day right to cancel
The FTC's Cooling-Off Rule, 16 C.F.R. Part 429, gives a buyer three business days to cancel a sale of $25 or more that is made somewhere other than the seller's normal place of business. A session sold in your home — a newborn or in-home family session, most often — can fall inside that rule, and where it does the right applies regardless of the table above and cannot be waived. Notice of cancellation goes to TODO_EMAIL.
Delivery
A private online gallery is delivered within the window quoted for the service, counted from the session, not from final payment. Weddings and multi-day work carry their own quoted window.
The number of edited photographs quoted for each service is a minimum, not a cap. Editing means colour, exposure, contrast and blemish work in the photographer's own style. Composite work, body reshaping and the removal of people or permanent objects are not included and are quoted separately if wanted at all.
Galleries stay available for twelve months. Download your files. Archival storage beyond twelve months is not promised, and a hard drive failure is not a reason to make the same photographs twice.
What is not promised
Photography is a craft and not a guaranteed outcome. What is promised is a professional who arrives on time, works the agreed hours, and delivers the agreed number of edited photographs at professional standard. What cannot be promised is that a particular person will smile, that a venue will permit a particular frame, or that the light on a given evening will be the light in the portfolio.
Where a photographer cannot attend through illness or emergency, a replacement of equivalent standard is arranged where possible; where it is not, every payment is refunded in full. That refund is the entire remedy.
To the fullest extent the law allows, liability for any claim arising from a session is limited to the total amount you paid for that session. Neither party is liable to the other for indirect, incidental or consequential damages. Nothing here limits liability for fraud, for personal injury caused by negligence, or for anything else that cannot lawfully be limited.
Your conduct on a shoot
You are responsible for securing permission to photograph on private property, for the behaviour of your own guests, and for telling us in advance about anything that affects safety. A photographer may end a session and retain the full fee where they are subjected to abuse, threats or an unsafe location.
Governing law and disputes
These terms are governed by the laws of the State of TODO_STATE, without regard to its conflict-of-law rules. The courts of TODO_STATE have exclusive jurisdiction except where an arbitration clause applies.
TODO_ARBITRATION.
Changes
These terms may change. The version that governs your booking is the version published on the day you paid the retainer, and a copy is sent with the confirmation for that reason.
Last reviewed: TODO_LEGAL_REVIEW.