TERMS OF SERVICE

  1. Cancellation: If the Client cancels the agreement more than three (3) calendar days before the photo shooting day, any booking fee/deposit paid to the Photographer shall be refunded in full. If the cancellation happens with less than three (3) calendar days remaining before the day of the event then the photographer has the right to retain the deposit.

  2. Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.

  3. Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

  4. Social Media: This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.

  5. Failure to Perform: If the Photographer cannot perform this Agreement due to a cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

  6. Shotby.EJ LLC keeps client files for up to 1 years after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.

  7. Liability: It is client’s responsibility to take care of the children; Shotby.EJ LLC Photography will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session. 

  8. Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests shall create a “shot list” of all shots that they require.

  9. All deliverable images as per contract will have standard image editing (including but not limited to light and color adjustments). Any extra edits can be requested by the client, but will cost the client an additional fee per image if accepted by the Photographer.

  10. It is understood that Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the photographer in writing.

  11. It is understood that it is clients responsibility to inform the Photographer by email or text message from a cell provider for any date or location changes, with reasonable time for notice. Shotby.ej Photography is not liable for any claims from messages from social network websites.

  12. All the communications with the Photographer or the Studio shall be made in English and in Writing (Mail or Email).