TERMS OF SALE

PRICE DETERMINATIONS

The entire photographic session price includes my time, talent and skill, all correspondence prior to the session, professional in-depth editing and preparation of images to be uploaded to a user-friendly, easy-to-access, easy-to-download online gallery. Prints, framing, and other related products or services are separate fees, unless otherwise specified.



The Client must place orders for prints and other products within 2 weeks of the Image(s) being delivered or uploaded to the Client in order to guarantee prices listed the price list. Orders after that timeframe will be subject to change as they will incur the prices current at the time of ordering. THE FREELANCER PHOTO cannot honor the original price list if the photographic lab has raised their prices. In such a case, THE FREELANCER PHOTO will notify you of any price change before proceeding with any purchase. The Client will pay all reasonable freight and postage charges required to deliver prints or other products if the client requires delivery.

Unless prior arrangement with THE FREELANCER PHOTO has been made, all orders must be confirmed in writing and accompanied by full payment. Orders will not be processed until payment has been made. All orders remain the property of THE FREELANCER PHOTO until full payment has been made.

ARCHIVING DIGITAL FILES

It is the Client’s responsibility to properly store, back-up and archive any Image(s) past the date of image(s) delivery to the Client, as the Photographer cannot guarantee the absolute and total availability of any Image(s). Electronic storing devices and other means of storing data are not infallible. The Photographer does the absolute best to prevent, mitigate, and correct technical errors. The Client releases the Photographer from any liability from any claims, costs, or damages from any media supplied by the Photographer becoming unusable. THE FREELANCER PHOTO keeps digital files for up to a year after the date of the photography session. The Photographer is not liable for any claims after this time period has passed.

RETOUCHING

All images will be edited with standard retouching unless specified otherwise by the Client in a prior agreement or contract. The standard retouching includes, but is not limited to, exposure, color, contrast, and cropping. In-depth retouching or digital manipulation, which includes but is not limited to, body shaping, skin and hair retouching, and artistic finishings are available for the client to request at an additional cost of $30 per image.

DEPOSIT AND PAYMENT

The 50% retainer fee is generally nonrefundable or transferable, as it is the agreed upon compensation suffered by the Photographer due to cancellations. Sessions postponed to a later date will retain the fee so long as the Photographer can reschedule for a new date and time. Image(s) or any related products THE FREELANCER PHOTO offers will not be delivered until all payments have been paid in full. Absolutely no usage rights to the Image(s) are given until full payment is received. This includes late payment charges.

THE FREELANCER PHOTO does not provide any receipts. Invoices will serve as the Client’s receipt for my work performed and services rendered. Bank transfer fees are the responsibility of the Client. Any requests for any adjustments or amounts of terms must be submitted within 10 days of invoice receipt. 

The booking of and any additional costs incurred for booking venues or photography locations, additional props, renting studio space, etc. are their responsibility and will be invoiced to the client unless the client has already paid for these separately. The client agrees to reimburse the Photographer for all reasonable travel and out-of-pocket expenses incurred by the Photographer in connection with the performance of the services. In the event an assignment extends beyond the expected timeframe, the Photographer may charge a reasonable fee for excess production time. Payment for additional images, albums, products, and other services THE FREELANCER PHOTO offers is to be made upon ordering.

The Client understands that there is a fee of $50 for the reuploading of any expired galleries, and prices current at the time will apply for any new orders. It is the Client’s responsibility to contact the Photographer before the end of the 12-month period to order more prints. THE FREELANCER PHOTO cannot guarantee the files will still be in their possession as files will be deleted after a time period of 12 months.

FORCE MAJEURE, CANCELLATIONS, POSTPONEMENTS, RESHOOTS

THE FREELANCER PHOTO will return the deposit to the Client in full, in the case of events outside of the Photographer’s control preventing them from performing their end of the contractual agreement. This includes, but is not limited to, fire, illness, flood, personal family matters, mechanical breakdowns or accidents, earthquakes, explosions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or actions, riot, or other civil unrest, national emergency, revolution, insurrection, pandemic or epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workface) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, acts of God, etc.

After the deposit is returned the Photographer will have no further liability with respects to that particular agreement, which shall be in full and final satisfaction of any damages or losses suffered. This liability also applies in regard to the Image(s) themselves, such as materials being damaged in processing, lost through camera, computer, or hard drive malfunction, lost in the mail, or otherwise lost or damaged outside of the Photographer’s control and without any fault on the Photographer. This includes any losses or damages involving products ordered through professional laboratories. In the event the Photographer cannot perform their end of the contractual agreement for any other reason, the Photographer will not be liable for any amount in excess of the value of the client’s order.

A reshoot requires an additional fee of 100% of the fee stated in the quote/invoice for the original shoot, plus any expenses for the reshoot, unless in the case the reshoot is requested due to factors beyond the Photographer or the Client’s control that would invoke force majeure, in which case THE FREELANCER PHOTO will not charge an additional fee, and the Client agrees to pay all expenses for the reshoot, which would have otherwise been used for the original session.

In the event that Photographer is unable to perform the Services, Photographer, subject to Client's consent, which is not to be reasonably withheld, shall notify the Client as soon as possible and cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.



In the event of a natural disaster or evidence of damages to the Client’s digital copies, THE FREELANCER PHOTO will replace all files the Client had previously purchased, provided it is within the 12-month period from the session date. All digital files received by the client are final, edited Image(s). I DO NOT RELEASE RAW FILES.

COMPLAINTS AND CONCERNS

Complaints, concerns, questions, or issues should be raised by the client within 21 days from the date of receiving the image(s) or related photography products. The Client has read, understood, and accepted the price list, which applies to any product or service offered.