Terms and Conditions
Sitting Fee: The Client will pay the Studio the minimum sitting fee for the photography session performed immediately after completing the session and prior to leaving the premises. The sitting fee guarantees that the images produced will be stored for a maximum of 60 days following the date of the photography session. The sitting fee will be applied to the purchase of a package within 15 days of the original photography session. The client agrees that if a package is not purchased within 15 days, the images will only be available for purchase individually and a la cart pricing will apply. The sitting fee is non-refundable and non-transferable.
Package Purchases/ Services Paid: Afterwards, clients may only purchase a la cart. The Studio does not refund photography packages purchased by clients, or for services provided such as photo booth, videography, editing, graphic design, or printing. The studio will do all that is possible within reason to satisfy the customers purchase. The studio reserves the right to determine if the services provided are within reasonable expectations and abide by the quality standards employed by the studio photographers. If a client is not happy with the outcome of their photography session, the studio will offer to reshoot at a later date with a different staff photographer. Reshoots must be scheduled within 15 days of the original date. It is the studio’s discretion if the client will incur additional costs or fees for a reshoot.
Cancellation/Postponement: Cancellations and/or rescheduling of appointments made for during business hours are acceptable. Appointments must be rescheduled within 24 hours of the appointment date prior to or after. Any client cancellations or rescheduling for appointments outside of the business hours will cause the non-refundable deposit to be forfeit by the client. Deposits are non-transferrable. If the studio is not able to fulfill the appointment for any reason, client is entitled to rescheduling or a refund of the deposit. The studio reserves the right to reschedule the appointment for any reason, in this case, the client will not be required to make any additional deposits for the rescheduled appointment.
Cooperation/No Show: The studio is not responsible for any individuals fail to appear or cooperate during the photography session. The studio reserves the right to end the session early or cancel the session if it is unable to work with the client to produce the best images under the circumstances. The studio cannot guarantee that children or adults will follow the directions of the photographer to smile, or look at the camera. We will use all the techniques at our disposal to create the best image. A session must be rescheduled within 24 hours and during studio hours. If an appointment was scheduled for after business hours or on location and must be cancelled, client forfeits the deposit.
Personal Cameras/ Mobile Devices: Our studio camera is the only camera allowed within the photography session. Clients are not permitted to take any pictures of video of the photography session. The creative process is copyright of Tracy Portrait Studio and cannot be reproduced without written permission or prior arrangements. Mobile phones are not permitted in the studio area during the photography session for the purpose of taking personal images or videos. Clients are not allowed to take pictures of the images produced/created by the studio photographer and displayed in the monitors while review the pictures. Image reproduction is not allowed until the image copyright is purchased.
Image Storage: The studio will retain images for up to 60 days so Clients can choose to purchase additional images in the future. After the 60 days, the Studio will archive the images in long term storage. If a client desires to purchase/review images older then 60 days, client will incur an archive retrieval fee of $25.00 per session. This fee does not guarantee that the images will be found and retrieved from our long-term storage. Client understands that the images could be lost, damaged or corrupted upon retrieval and holds the studio harmless of such. It is recommended that the client saves all digital images purchased in their own personal storage. Studio is not responsible for loss, damage or misplacement of images stored by client. In addition, client accepts that Studio is not responsible for any corrupted files downloaded by Client that may cause damage to personal computers, mobile devices or storage devices. Client agrees that they are downloading files at their own risk and hold the studio harmless.
Digital Negatives, Prints & Copyright: All images and copyright are the property of Tracy Portrait Studio. Client may purchase the right to print, share and store images for personal use. The studio retails the exclusive right to copy, edit, and distribute any/all images created at any photography session performed by the Studio Staff and Equipment for reasons of advertising, marketing, or educational seminars. The studio agrees to not resell the images to any third party without prior consent from Client. The studio may publish the images in newspapers, magazines, books, television, websites, social media or print for display at the studio. The Studio retains these rights even if image files are purchased by client.
Model Release: Client grants the Studio and its legal representatives, contractors and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which client may be included for editorial, trade, advertising and other purposed, and in any other manner and medium, to alter the same without restrictions; and to copyright the same without any consent, compensation or royalties owed to client. Client hereby releases the Studio and its contractors and assigns from all claims and liability relating to said photographs. No images that contain nudity will be published.
Limit of Liability: We have the utmost respect for each or our client’s images. We focus on producing high quality images with respect to the exposure, retouching, and transportation of digital images captured by our staff, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond the Studio’s control, the Studio’s liability is limited to the refund of all payments received or a reshoot can be rescheduled at no additional cost for the specific photography session. The limited liability for partial loss or damage of original shall be a pro-rated amount of the total payments received, based on the Studio’s discretion. In the unlikely event that our staff is injured or becomes too ill to attend the portrait session, and a replacement staff is not available to fulfill the work, the studio will make every effort to reschedule to the earliest possible date. If it is not possible to reschedule the photography session cancelled by the Studio, Client will receive a full refund limited to all payments received. Under any other circumstance, the liability of one party to the other shall be limited to the total payments received by the studio. Neither party shall be liable for indirect or consequential loss.
Independent Contractors: The Studio reserves the right to use independent Contracted Photographers to fulfil its obligations to Client. If the client is not satisfied with the work performed by one of the Studio’s contractors, the Studio will schedule a reshoot with a different photographer. Not refunds are available for Satisfaction reasons. Client understand that the photography session is a creative process and each Photographer has their personal style, and it may not meet the client’s expectation. In this case, the Studio will offer a reshoot for the client with a different Photographer. No refunds are available for images that have been purchase, sitting fee, prints, editing, graphic design or any other service performed by Studio Staff.
Indemnification and Hold Harmless: The Client agrees to indemnify and hold harmless Tracy Portrait Studio, its members, managers, agents, officers, employees, directors, shareholders and representatives, as well as all members, managers, agents, officers, employees, directors, shareholders and representatives of any of the foregoing, for and from any and all losses, liabilities, claims, damages or expenses (including without limitation, attorneys’ fees and other costs of investigating, prosecuting, or defending any litigation claim) caused, directly or indirectly, by the Client’s own negligence, breach of any agreement, miss representation or warranty herein or as a result of reliance by the Studio or any such persons on the Client’s representations and warranties obtained prior to during and after services are performed.