TERMS AND CONDITIONS
Session reservations are confirmed upon payment of the client's session retainer. Session missed or canceled with less than 14 days notice will be subject to a 50% cancellation fee (50% of the total session fee).
If, in the opinion of the photographer, inclement weather or other adverse conditions limit the artistic standards of the photographer or risk equipment or personal damage, photographer may elect to use an alternate location or to reschedule the session.
For clients purchasing a Milestones package, all sessions must be held within one 12 month period, beginning on the date of the first session. Any sessions not completed within this 12-month period will be forfeited.
Re-shoots are at the discretion of the Photographer. They occur only in situations where the photographer believes the she has not been able to complete what she needs to provide a full gallery of images to the client. Regrettable choices of clothing or hairstyle by clients do not fall into this category, nor does uncooperative or reluctant behavior from pets or people taking part in the shoot. A re-shoot due to these factors will be done at the cost of the client.
Image Quality and Color Control
Prints may appear slightly different to the image displayed on a client monitor or home printers. Diana Thornton is not liable for color shifts of prints as compared to client’s monitor or home printing proofs.
Small scratches, bruises and other transient blemishes may be removed during post processing, unless they are specifically requested left in. Alternatively, removal is not guaranteed to be performed. Freckles, birthmarks, and other apparent permanent blemishes will be left as they are unless it is specifically requested they are removed.
It is expected that you have an understanding of the photographer’s style. While she is happy to attempt to take client requests, no commitment is made to create and present any specific image or variation in processing.
Prints and products are fulfilled directly through third parties who offer quality guarantees as well as protection against orders arriving damaged or incomplete. Photographer has no control over the quality or performance of third parties, including shipping carriers, print labs, or other product manufacturers. If you have any problems with an item, contact them immediately at the contact information listed in your order confirmation within 30 days and they will help you replace it free of charge. Note: Orders submitted with the 'no color corrections' option checked are not eligible for reprinting by Mpix due to color issues.
The full copyright for all images taken within the booked session remains the sole and exclusive property of Diana Thornton. It is ILLEGAL to copy or reproduce these photographs elsewhere without Photographer’s explicit permission. Violators of this Federal Law will be subject to its civil and criminal penalties. Clients are in no way authorized to allow any third party to scan, copy, or otherwise reproduce these images.
Violation of copyright will result in federal © enforcement and/or by signing or placing an order via email or by online store, you accept all liability for usage of the image and acknowledge you will be billed for commercial rate usage on each image starting at $1,000 per image per use. Removal of the logo on any online image will constitute acceptance of a commercial contract. Negatives/Original files copyright remain exclusive property of Diana Thornton.
The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Photographer.
Client hereby grants Diana Thornton the irrevocable right to use photographs taken on this date for, but not limited to, portfolio inclusion, professional feedback, promotional or advertising use, course instruction, competition entries, or any other lawful purposes, in all forms of media and in all manners of publication. Please notify Diana Thornton prior to your photo shoot if you do not authorize online publication, including Facebook & website use.
Online Gallery, Ordering and Payments
Session proofs will be available online within two weeks of each session date. Clients are welcome to share this gallery with anyone they choose, and orders are happily accepted orders from other family members in addition to the client themselves.
All images shown are at the discretion of the photographer. There is no guarantee that any specific image from the session will be presented in the final gallery. Retouching is at the discretion of the Photographer.
All sales are final. Due to the custom nature of portrait photography, items ordered are not returnable unless defective.
Photographer does not warrant the longevity of any digital media (CDRs, DVDs, etc.) or files delivered electronically to Client. Client bears the sole responsibility for storage, backing up, archiving, and maintaining the integrity of the files.
Re-orders are welcome. Images will be stored for a minimum of 6 months. All care is made to ensure suitable storage of archived images but outside of the first month, Photographer cannot hold any responsibility for loss of images through circumstances outside their control. Should such error occur within the first month of the session gallery being presented, a complimentary re-shoot will be offered to replace the lost images should the client be looking to place an order.
Waiver of liability
In the event that Photographer is unable to comply with the above terms and conditions through circumstances outside her control, such as ill health, mechanical failure, theft or accident, liability is limited to monies paid only. Where the situation entails loss of images, Photographer will offer the client a choice between a re-shoot or a full refund of monies paid.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Client expressly releases the photographer, her employees and agents from all claims, damages, and liabilities that may result from accidents or incidents that occur during the portrait session. This waiver of liability includes waiver of any claim that may be a result of negligence.
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. The person signing this contract agrees to act as a representative of all people photographed, and represents their agreement to these terms and conditions.