ALL THE FEELS TERMS + CONDITIONS
By booking your session (paying your deposit) you are agreeing to the below terms and conditions.
Non-refundable Deposit, Payment and Cancellation
A non-refundable deposit secures the photography session date and time, as well as the pricing, as of the date of the deposit. The deposit will be applied to the total package price. Additional edits and products are sold separately. If the Model fails to make the required deposit, prices are subject to change at the Photographer’s discretion and the session date and time will not be secured.
The decision to reschedule the session is left to the sole discretion of the Photographer. In the event the Model cancels the session the Photographer will retain the non-refundable deposit. A new non-refundable deposit will be required to re-book the session.
Once the final payment is made in the event the Model does not attend or cancels the session the Photographer will retain the full payment. It is at the Photographer’s discretion if any of the payment can be applied to a new session.
The Photographer reserves the right to cancel the session due to unforeseen circumstances including, but not limited to: inclement weather, illness, emergency, or any other conditions which the Photographer deems may adversely affect the quality of the session. In the even the Photographer cancels the session, the deposit will be applied to a re-scheduled session that is agreed upon by the parties.
The Model agrees that if he or she is late to a session, such time will be deducted from the time allotted for the session. If the Model is late by more than fifteen minutes, the Photographer may cancel or reschedule the session at the Photographer’s discretion and may require an additional deposit. Shooting time commences at the session start time and commences at the session end time. Any additional time beyond the scheduled time will be charged to the Model.
Model Release and Copyright
The Model consents and agrees that the Photographer has the irrevocable and unrestricted right to take or use photographs/video of the Model (and/or their property) and to use them in any and all media worldwide including online, and for any purpose whatsoever. The Photographer retains the exclusive copyright protection for all images/video taken during the session and of all final edits.
The Model releases to the Photographer all rights to exhibit this work in print and electronic form publicly or privately and to market copies. The Model waives any rights, claims or interest they may have to control the use of their identity or likeness in the photographs/videography and agree that any uses described herein may be made without compensation or additional consideration of the Model.
The Model further agrees to indemnify and defend the Photographer for all claims, demands, or lawsuits made in relation to the Photographer’s use of the images/video as contemplated by this paragraph.
All photographs delivered to the Model are for the Model’s personal use only. The Model may not, without the express written permission of the Photographer, use the images/video taken during the session for professional display, profit, or other commercial endeavours.
Usage/Posting of Photographs
The Model agrees to credit the Photographer (@allthefeels_photography) for any and all use of the content and for any additional content created by the Model including, but not limited to, behind the scenes content. Credit includes a tag (allthefeels_photography) on the post and the caption on all social media channels. The Model agrees not to share any content that shows the setup of the equipment used during the session.
Any original watermark should not be removed or cropped in any way without the Photographer's permission.
Proofs (original unedited photographs) will be provided to the Model to view electronically within fourteen (14) days of the photoshoot date. The Photographer will communicate with the Model should this timeframe need to be extended. The photographs will be watermarked with the Photographer’s logo and are not available for download. The Photographer has the right to withhold proofs should the Model owe any final balance to the Photographer. The Model understands that the proofs are the exclusive property of the Photographer and the Model has no right to the unedited photographs except for a license to review them.
Raw images from the session will be stored for a period of 6 months from the session date. After 6 months the files may then be deleted due to storage limitations. At 6 months from the session date should the Model not make their image selections, or not make payment for their additional requests, the Photographer will make the selections on the Models behalf to complete the contract. Should the Model request different images after the Photographer has made selections these will be at an additional cost to the Model.
Once deleted the files are not recoverable. If the Model requires the images to be stored for a longer period of time a written request will need to be made to the Photographer prior to the 6 month timeframe.
For video content only the final edited cut will be provided.
The Photographer will edit and retouch the Model’s selected photographs to a standard that is in keeping with the Photographer’s editing style. Retouching is not available on all packages, retouching is only included if mentioned in the package breakdown.
Any additional editing requested by the Model may require an additional fee which is at the discretion of the Photographer. The Photographer has the right to reject any specific editing requests.
Final edits are to be provided to the Model within approximately 8 (eight) weeks of the Model advising the Photographer of the chosen photographs, or from when final payment of additional edits is received, whichever is the later. This timeframe is an estimate only. The Photographer will communicate with the Model should this timeframe need to be extended.
For video content one round of re-edit requests is allowed.
Final edits will be provided electronically to the Model only after final payment of the package is received.
Waiver of Liability
By agreeing to a photography session, the Model is hereby waiving, releasing, and discharging the Photographer and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur.
The Photographer is not responsible for any injuries inflicted upon any participating parties. The Model(s) will be responsible for themselves and release the Photographer from any claims against their person or their business. The Model swears that each person is participating voluntarily in the session and forfeit all right to bring a suit against the Photographer for any reason. The Photographer is not responsible for uncooperative parties.
In the event the Photographer's belongings are damaged or destroyed during the session, the Model will reimburse the value of, replace or repair such belongings as long as to do so is reasonable given the circumstances and the value of the item.
This agreement is the entire agreement between the Model and Photographer and may only be modified as set forth in the foregoing paragraphs, in writing, and as agreed-upon by the parties. This agreement supersedes all prior agreements between the parties.
If one or more paragraphs are found to be unenforceable or invalid, the remaining paragraphs shall remain effect and are enforceable. Any waiver the foregoing paragraphs as agreed-upon by the parties does not alter the enforceability of the remaining paragraphs.