||Payment, Deposit, Cancellation, Rescheduling and Liquidated Damages:
All payments made to Sara Faith Photography for session fees, deposits, services and product are non-refundable. Sessions may be upgraded but never downgraded. If you pay by personal check, Sara will not begin post production on your order until the payment has been paid in full and has cleared.
Please allow four weeks for design from the date your order was paid in full and up to another week for lab production and shipping of product. Clients are responsible for providing a secure address for delivery. Due to the nature of the content, we recommend having your order shipped to your work address. We can easily mark PERSONAL on the shipping label. If an order shows delivered by the carrier but Client does not have order, SFP is not responsible for stolen packages and the order can be replaced at cost of production and shipping. Rush orders are available for a 50% service fee of the entire order amount. Sara reserves the right to refuse rush services to anyone.
Satisfaction and Retouching
Your satisfaction is of utmost importance to Sara but all art is subjective. All images will be edited with Sara’s professional artistic vision, and, by choosing her as your photographer, you choose the style of her work and trust her judgment through the creative process. It is our goal to make you look like a polished you! We will clean up skin and give you the sublte nips and tucks that improve an image however we do not offer aggressive changing of shape of face, shape of body, the removal of large tattoos or difficult scars, perfect skin tone matching or removal/changing of venue decor.Sizes and Color Matching
While every effort is made to meet the Client’s requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer if accurate sizing is critical. Images are cropped to fit product sized chosen by Client. In the event the Client does not want to lose any of the image in cropping, arrangements may be made with SFP to suit his or her needs. Any dissatisfaction with cropping will be subject to Client covering our cost for lab and shipping on replacement images. Due to limitations of materials and processes, it is not possible to guarantee 100% color matching. However, Sara will endeavor to provide the closest possible match. All print orders will be cropped to fit order. If proof dimensions are desired for prints, please order the longer dimension print sizes.
Delivery Shortages, Loss, and Damage in Transit
Claims for damage, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery. We are not liable for incorrect addresses given by clients on their order forms nor are we liable for loss of product left at given address. All deliveries are delivered signature required.The Photographer will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
The Photographer acknowledges that in the performance of the photographic services, she may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to make best efforts to keep this information confidential except as required by law.
This contract shall be interpreted in accordance with the laws of the State of California without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this Contract shall be resolved or adjudicated in the city of Redding in the State of California.
The Client shall be responsible for the behavior of Client during portraiture session. The Photographer reserves the right to terminate the portraiture session without notice if she deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to retain the full session fee. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best efforts basis. The Photographer shall use reasonable efforts to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of her obligations that were due to causes beyond her reasonable control, including but not limited to: postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit, etc.
Prices & Terms
a. All prices shown within the Photographer’s price list are subject to change without prior notice. Print price changes will affect packages offered in seasonal promotions to reflect new pricing in total value of packages offered.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Images/data supplied in electronic format
For all images/data supplied to the Client in electronic format (including, but not limited to, electronic mail, CDs/DVDs, etc.), the Photographer will endeavor to ensure that the data sent is not corrupt and is virus free. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client’s computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free. For all private, extended and destination sessions, Client is responsible for location. Destination session clients are responsible for Sara’s travel, hotel accomodations, car service from airport to hotel and back to airport from hotel, rental of lighting equipment for international destination, and her day rate.
Copyright and Ownership
a. In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to make prints, reprints, copies, or digital duplications of any images created by the photographer.
b. Reproduction rights (if and when granted) are strictly limited to the uses specified on the Photographer’s invoice. Any license is granted to the Client only upon payment in full of the amount due pursuant to the Photographer’s payment terms.
c. Client may never purchase the copyright of images created by the Photographer.
d. In instances where the Client requests copies of images that the Client has supplied from another photographer, all work is undertaken on the assumption that the Client has obtained written permission from the copyright holder for copies to be made. The Photographer may contact the copyright holder to confirm that authorization to copy the images has been given. The Client agrees to fully indemnify the Photographer for claims or damages or any costs arising from claims for copyright infringement made by a third party.
e. By paying for a portraiture session, Client grants to Sara Faith Photography, its assignees, licensees, legal representatives and transferees [“Sara Faith Photography”] the right to use Client’s name and likeness for promotional purposes of Sara Faith Photography. Client irrevocably authorizes Sara Faith Photography to use and publish photographs, pictures, portraits or images in which the Client appears [“Photographs”] in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, and publishing (including publishing in electronic form), for lawful uses as may be determined by the Sara Faith Photography. Client waives all rights to review or approve any uses of the Photographs unless specific opt out of use of images is noted on Client Intake Form.
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Sara Faith Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Sara Faith Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Sara Faith Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
Assumption of Risks: This use of Sara Faith Photography’s property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Sara Faith Photography purchases space in hotels and studios for location sets and is not associated with these locations in any way. I have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Sara Faith Photography. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Sara Faith Photography, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result of my involvement in a portrait session with Sara Faith Photography, and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Sara Faith Photography. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Sara reserves the right under the federal copyright law to use images she creates to promote her business.