TOS DEFINITIONS:In the sections below, Rock Carter Photography (Photographer), its representatives, and those acting with sole permission are herein referred to collectively as “Photographer”
[You] which includes your principals, employees, affiliates and representatives are herein referred to as “Client”.
Image(s) means any photographic material, whether still or moving, created by Photographer pursuant to this Terms Of Service Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
ROCK CARTER PHOTOGRAPHY TERMS AND CONDITIONS:Upon paying the deposit and thereby booking a session with Rock Carter Photography, Client agrees to the following Terms Of Service. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.
IDENTIFICATION:A valid form of ID is required at the time of your photo session – we cannot photograph you without it.
LICENSING, OWNERSHIP, AND USAGE RIGHTS:Client acknowledges that Photographer is the Author of the Image(s) as well as the sole owner of all copyrights of the Image(s). All images (digital or print) will contain Photographer’s branding watermark unless Client pays the necessary fees for the omission of this branding. The Image(s) and all copyrights remain the exclusive property of Photographer without limitation unless otherwise stated by a signed written agreement. All usage rights to the Image(s) specifically granted by Photographer to Client will appear in writing.
Client understands and agrees that he/she is not buying the Image(s) rights/copyright but is paying only for a license to use the Image(s) as specified in these Terms Of Service.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Image(s) may not be used in a logo, corporate identity, trademark or other service mark without express written permission from the Photographer.
The term of Client’s license for use of Images will begin from the date Photographer receives full payment for those Images and upon delivery of those images either physically or electronically to Client.
CLIENT PRIVACY:Client images are private by default. Unless otherwise stated in writing, Photographer agrees to keep Client’s Images private and to never use those Images for advertisement, sale, or display.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:Copyright metadata contained within any digital file may not be altered, or removed, without the express written consent of Photographer.
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Client will not remove any copyright or other proprietary notations from the Images.
Client understands that all photo sessions include editing which may include retouching and can consist of changes to the color, crop, contrast, & exposure at the photographer’s discretion.
GENERAL LIABILITY AND RELEASE:Photographer will take all reasonable care in the production of the Image(s) and the performance of the work under these terms. Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
Client will indemnify, defend, and hold harmless, Photographer, his contractors, and those acting with his permission, against any and all claims, liabilities, damages, costs, and expenses, including legal fees and expenses, that may arise from Client’s use of any Image(s).
Photographer is not responsible for obtaining model, property, trademark, copyright, or any other permissions in connection with the Image(s) unless specifically stated in a written Agreement. It is the Client’s responsibility to seek out and obtain all necessary permissions for any Image production or use that requires a release/consent agreement.
PAYMENT:Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
UNLESS OTHERWISE AGREED, DOWNLOAD, COPY, SCREENSHOT AND/OR THE USE OF ANY IMAGE(S) BEFORE THEY ARE PAID FOR (IN FULL) WILL BE CONSIDERED UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT TO BE PAID TO PHOTOGRAPHER FOR SUCH UNAUTHORIZED USAGE WILL BE AT LEAST DOUBLE THE INVOICE TOTAL.
In the instance where usage rights are granted before full payment, Photographer reserves the right to rescind any such usage rights if Client fails to make payment in a time frame that photographer deems reasonable or appropriate.
WRITTEN CREDITS and COPYRIGHT INFORMATION FOR IMAGE POSTINGS:For TFP Placement of a written credit or copyright notice is required when posting the Images on the internet. If a written credit or copyright notice is not provided, Client agrees to immediately revise the posting (adding the missing information) or immediately remove the image posting upon Photographer’s request. In the event that neither can be done, the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer if there is any loss resulting from the lack of, or improper, copyright notice or written credit.
FAILURE TO PERFORM:If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction or other causes beyond the photographer’s control.
ARCHIVING DIGITAL FILES:Photographer may choose to archive the Image(s) at his discretion. It is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
Any requests for the photographer to reproduce images that were already delivered will incur an additional processing fee.
DIGITAL FILE QUALITY:Unless otherwise specified, Photographer will deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer chooses, at a resolution that Photographer determines is suitable to the use(s) for which the Image(s) is licensed.
Rock Carter Photography uses cameras and monitors that are color calibrated. However, due to variances in other systems, software and computer platforms, the Image(s) may display differently on other monitors and digital screens.
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 is 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. If the client(s) wish to request additional editing of images this will be done at additional fees starting at $40 per image.
SESSION TERMS:Sessions will be conducted at a location agreed upon by the photographer. The photographer will not trespass or use any properties/locations that are considered unlawful to render services. The photographer is bound by any rules stated for the property or location agreed upon. If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property. The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
No other photographers are allowed during the session unless agreed to in writing by Rock Carter Photography. Client or guests will refrain from taking cell phone images during the session unless agreed upon by the photographer.
LATENESS:Your photo session is reserved especially for you and will begin promptly at your scheduled time. To ensure an empowering, full session, please arrive on time and prepared to start immediately. Any delays may, unfortunately, result in a shortened session, fewer images, and/or a rushed experience.
RESCHEDULING POLICY:With more than 7 days notice, Photographer will allow one reschedule at no charge. Photographer reserves the right to charge the Client an additional fee for each rescheduled shoot thereafter unless the rescheduled shoot is due to inclement weather.
CANCELLATION AND REFUND POLICY:Photographer requires 7 days notice for all cancellations. If less than 7 days notice is given, $100.00 for each reserved hour will be deducted from the retainer fee and the balance will be refunded to Client.
REFUND POLICY (FOR PRODUCTS)Because all images are viewed and selected by the Client prior to purchase and products are custom designed for each individual, Rock Carter Photography has a strict NO REFUND/RETURN/EXCHANGE POLICY for products. Once a transaction has been processed, it is considered non-refundable.
CHAPERONES:I do not allow male chaperones to spectate during the actual photo session. If you bring a male guest, they will be asked to wait in the guest waiting area of the studio until your session is complete. Female chaperones may spectate but I reserve the right to ask them to wait in the guest area if I feel that their presence interferes with the shoot in any way. Minors are not allowed at the photo session.
COUPLE SESSIONS:We specialize in individual boudoir photography and do not offer couple-sessions at this time.
PROMOTIONAL PACKAGES:Only 1 promotional package, including and not limited to, Groupons, Living Socials, Gift Certificates, and Season Specials, are permitted per person, per year. Promotional Packages cannot be exchanged, combined, or altered in any way.
Shipping, handling, and tax are not included or covered by any promotional package and will be the full responsibility of the client.