Terms of service:
THE PHOTOGRAPHER: Angela Brumley Photography LLC employees
THE CLIENT: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
PROOFS: Samples of all edited photos, in which the Photographer holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either the Photographer’s logo, watermark, or proof stamp. NEVER remove this logo, these images are protected under copyright laws.
FACEBOOK AND OTHER SOCIAL MEDIA SHARING: It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Angela Brumley Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from internet images the Photographer has uploaded to Facebook or her website. The Client and family members can purchase photographs that do not have a watermark with a written request from the original client.
You are permitted to click the “share” button on any photos posted to the Photographer’s social media page(s). Sharing may NOT be done via screen shots or saved images from social media or the Proofing gallery. NEVER post photos you have taken of prints produced from images taken by the Photographer. This shows low quality and does not represent the true work of the photographer.
SESSION FEE: Price including all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to purchase of props and equipment, time e-mailing, setting up studio (bringing out necessary props, re-configuring lighting for shoot, sanitizing props that may be used with newborns and children, and so on). Post-Production: Each photo takes approximated 20-30 minutes in post processing. This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, props, camera, lenses, and editing equipment).
DIGITAL PURCHASES: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photographs or videos being purchased, hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted images for personal non-profit purposes. Client’s Usage: The Client is obtaining photography services for personal use, only and shall not sell said prints or digital images. If Client is obtaining a print for newspaper or any other outlet, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph and produce a copy of the outlet. If Client is obtaining photography services for commercial use, Client shall give the Photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business. Angela Brumley Photography, LLC retains all other rights to these said images, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories.
Clients are NEVER permitted to scan, edit or alter any photo that is copyright of Angela Brumley Photography, LLC.
COPYRIGHT AND REPRODUCTIONS: The Photographer shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, for display within or on the outside of the Photographer’s studio or display at any event the Photographer is hosting (fairs, expos, etc). Photographer may also use images for advertising with signed permission from person photographed or file holder.
DEPOSITS AND PAYMENTS: All deposits and payments made to Angela Brumley Photography are non-refundable. Clients are permitted one rescheduled session, IF rescheduling request is made at least 24 hours before the session. After one permitted rescheduling or one No-Show, any further rescheduling will require a booking fee of $75 to hold your spot.
SOLE PHOTOGRAPHER DURING SESSION: During your photography session with Angela Brumley Photography, the Photographer will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session.
PROOFS AND ORDERING: Your portraits will be available on Angela Brumley Photography’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 3 to 10 business days after the date of the session (unless discussed otherwise). Proofs will be available 7 days for ordering and the gallery will expire if no order has been made. Clients may request re-opening of their gallery after it has expired. A re-opening fee of $30 will be incurred. Upon receipt of payment your gallery will be live for 7 days. After print order has been entered, clients will have another week to download any digital images purchased before gallery expires. Clients would then need to purchase a disc of their chosen digital images for $40 or a flash drive for $50, after it has expired. Albums will be removed 24 hours after first download.
FAILURE TO PERFORM: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to illness, 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.
PORTRAIT CARE: Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client. Angela Brumley Photography holds a strict no return policy, so make sure you inspect your portraits upon leaving the place of business.
SAFETY: Angela Brumley Photography reserves the right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Angela Brumley Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
MISCELLANEOUS: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default here-under shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of New Mexico.