TERMS AND CONDITIONS

When booking a session, you agree to these terms of service upon paying your booking deposit.

Definitions: This is an agreement between Mary Hunt Photography (“Photographer”) and [You] (“Client”) which includes Client’s dependents, principals, employees, affiliates and representatives

Cooperation: The Client and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract.

The Schedule: The photographer’s shooting schedule, style of working and experience is designed to achieve a high-quality set of photos for the Client. Both the Client and the Photographer therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the client or associated parties do not run on time (for example, extreme lateness) the Photographer cannot guarantee to take her normal set of photos although in such circumstances she will do her absolute best to compensate.

Copyright Law: The copyright of photographs remains with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Client and his or her friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. Upon receiving the final product, the Client may not edit images further (for example, cropping, applying filters, adjusting lighting). The Client may request a change in editing of specific images which the Photographer maintains the right to fulfill or deny.

Model Release: The Client grants the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Client for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client hereby releases the Photographer and her legal representatives, heirs and assigns from all liability and claims in connection with the images.

Limit of Liability: If a photographer is too ill or becomes injured and cannot supply the services specified above the Photographer will try to reschedule when able. If a replacement photographer, or a rescheduled date are not an option then liability is limited to a refund of any payments received. The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond her control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied and the option of rescheduling a follow up shoot dependent on the number of images lost.

Booking Deposit: The Photographer requires a $50 deposit at time of booking to secure the date of the session. The booking deposit of $50 is non-refundable in the event that the Client cancels the session. The Photographer will allow the Client to reschedule the session one time without losing the $50 booking deposit. Should the Client desire to reschedule a second time a new $50 booking deposit will be required to secure the date. Rescheduling in the case of rain does not affect the booking deposit.

Payment: No rights are granted until the Photographer has received full payment. Unless otherwise agreed, the use of any image(s) prior to full payment will be considered an unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to the photographer for such an unauthorized use will be double the invoice total. All invoices are due upon receipt. Photographer does not provide any receipts to Client.

Social Media: This clause applies to social media including, but not limited to Facebook, Instagram, and blogs. When published online it is required that citation of the Photographer be made. The Client agrees that under no circumstances will they alter the Photographer’s photographs that are placed in public or on the internet. This includes cropping (with the exception of forced cropping on social media), alteration in coloring, or any further editing.

Retention of Delivered Files: Once the files are delivered to the Client, it is the Client’s sole responsibility to protect and retain their images for the future. It is recommended images be backed up in multiple locations (such as USB or icloud).

Digital Files: Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities. It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use. All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested.  Some images may only be produced in color or black and white at the artists discretion.

Acceptance of Terms: This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding.

This Agreement will be deemed to be a contract made under the laws of the United States and the State of Pennsylvania, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Pennsylvania. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer. 

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.