TERMS OF SERVICE
A person agrees to our terms of service and enters into contract with Erika Borden Photography when they make the actual, physical or digital Erika Borden Photography, hereafter referred to as “Client,” enters into the following agreement with Erika Borden Photography, hereafter referred to as “Photographer.” This contract constitutes the entire agreement between both parties and will apply to all future transactions. There is no understanding between the parties verbal or otherwise than contained in this agreement. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought must have signed the waiver in writing.
1. Initial Payment
Client agrees to pay photographer the full session fee upfront prior to shoot date. This is a non-refundable payment. This payment secures your date and time with the photographer and covers the time and talent of photographer. Any additional inclusions of the package are noted in the description when booking. Weddings, bundled packaging, and any other packages can be book with a 50% retainer fee. This fee is NON-refundable.
2. Delivery of Finished Product
PHOTOGRAPHER will deliver digital photos 3-6 weeks after order date. Digitals can also be shipped at an additional cost. Online Proof Gallery will be available within 35 days of the above stated service. Email downloads are available for 1(one) week. Printed materials (including albums) take 6-8 weeks from order date. Downloads should take place on a computer, NOT on a phone, tablet, or similar device. There is a $35 re-load fee for any final digitals or gallery.
3. Location Costs, Fees & Permits
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Initial payment covers travel within 50 miles of the Chardon, Ohio. Any location outside of these limits will be subject to an additional charge of $.75/mile as part of the agreement.
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Sessions are not transferable to another party. Session fees are non-refundable, but the total payment can be applied towards a future session date with the inclusion of any pricing changes or differences. Sessions must be rebooked with in 1 month of original date scheduled, unless otherwise approved by the PHOTOGRAPHER. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
5. Shooting, Re-shoots, Cancellations
The photographer will shoot to his/her best ability. The photographer is not responsible for any shots that were not taken. If there is a specific pose/shot/combination, it is the client’s sole responsibility to ask for this during the shoot. Any additional requests must be made during the shoot and all conditions of the shoot are the client’s sole responsibility, including and not limited to, hair, makeup, clothing, shoes, general appearances, and distractions.
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer.
Client is at the discretion of canceling their session, however, Erika Borden does NOT process refunds for any reason or circumstance.
6. Proofs & Final Images
All images are selected by the client in a formal viewing appointment conducted and scheduled at the client’s convenience. This initial viewing is a part of the session fee. If a decision cannot be made, should client need to leave without making final decision or if client wants to revisit images, another viewing can be scheduled for $125 fee. Children should be left at home during viewing, and all decision makers should be present during viewing. Viewings should be conducted within 2 weeks of the clients shoot date to receive a 3-4-week turnaround time. Should client not make viewing appointment until after that 2-week time frame they are subject to a 4-8-week turnaround time on their final order. Turnaround time is based on the date of the viewing.
Any client who enters service with Erika Borden Photography as a 'model' is not guaranteed the same turnaround time. Turnaround time for model services is at the discretion of Erika Borden Photography. Models are contracted on a separate basis and do not fall under the same/similar terms as a paying client.
Due to the custom nature of each session, all sales are final. Client must be sure of their purchase prior to the end of ordering. The photographer is not responsible for poor print quality or mistakes for prints made NOT with Erika Borden Photography printing lab. Any images that have been downloaded digitally are considered final purchase. Any revisions or changes made after download will be considered a new purchase and will be billed to client accordingly. Finished revision will be started upon cleared payment and will follow protocol within a 3-4-week turnaround time.
8. High Resolution Files
Where the ownership of the high-resolution digital files (negatives) are included with the package, you agree to assume full responsibility for the care and condition of said digital files. PHOTOGRAPHER recommends storing copies in several locations, including off site storage. PHOTOGRAPHER is not responsible for the color, quality and/or resolution of enlargements from these files that been taken to non-professional and/or consumer type labs. Requests for additional and/or replacement copies of these files will incur an additional cost of $300/set.
9. Editing & Packages
Each additional edit, that exceeds your photography package starts at $50 each and comes in digital form.
Packages are determined exclusive to each session/mini (specialty session). Please read the session description in full prior to booking for a full explanation of what comes with each session/mini. Packages and inclusions of those packages are subject to change with each new session offered.
All images will be available for ordering for two (2) weeks following clients initial viewing date. After two (2) weeks, all images will be moved to photographer’s hard drive. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Should a gallery need to be reloaded at any time, past the two-week expiration, a reload fee of $35 is due prior to upload. It is not guaranteed that any archival will survive. If images are lost due to technical malfunction after the initial viewing session, no monies or fees will be returned. Images are not guaranteed after initial viewing. All digital galleries must be downloaded to a computer to retain image quality. Photographer is not responsible for damaged or incorrect images due to downloading on a phone or tablet.
All payments are due in full unless payment arrangements have been made in which case a 50% retainer is due to secure date/time and to enter contract with Ellie Mellie Photography. All payments are non-refundable. Session and orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received. Retainer fees are not refundable
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. All portraits sent via USPS can be insured and require delivery confirmation upon client’s request and at client’s expense.
13. Photo Release
Photographer possess the right to use photos from sessions for marketing and business purposes, Including our website, www.erikabordenphotography.com and our social media accounts. If you would like to opt out of social media sharing of your gallery, please send an email to firstname.lastname@example.org for formal documentation of your request prior to the day of your session.
All digital images purchased from Erika Borden Photography come with a digital photo release, granting permission for the client to print their images up to and no larger than an 8x10. Breach of the terms of this photo release can result in copyright infringement and financial penalty.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
PHOTOGRAPHER will take the utmost care with respect to the production, post-production, and delivery of the photo(s). However, in the event PHOTOGRAPHER fails to comply with the terms in this contract, due to any event or act outside the control of PHOTOGRAPHER, liability is limited to the retainer fees ONLY.
15. Copyright & Penalty
Erika Borden Photography retains all copyrights to all images created during client’s session. A print release is given with digital files to print portraits for personal use up to designated size listed on print release. It is illegal to copy, scan, download, print, share, or alter any image created by Erika Borden Photography at any point in time, without consent from the photographer.
16. Exclusive Rights
It is understood that PHOTOGRAPHER is the exclusive Official Photographer retained to perform the services requested in this contract. We reserve the right to change our policies and terms of services.