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Terms & Conditions

When you book/purchase a session, you are agreeing to the following terms:

Entire Agreement:  This agreement contains the entire understanding between Derek Austin Photography and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.

Payment & Prices:  All Package costs are as stated at the time of booking & will remain once booking is confirmed. The full contract amount is due at the time of booking unless otherwise stated. Upon your purchase, Derek Austin Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the payment is non-refundable.

Reschedule:  Clients may attempt to reschedule their session. However, this is not guaranteed as a reschedule is based the availability of the photographer. Derek Austin Photography will attempt to work with the client to reschedule their session to the best of their ability. If a general availability date cannot be met between the photographer and the client, then the client will receive a credit towards a shoot at a later time. 

Torrential Weather:  If the weather is torrential and Photographer determines shoot is not possible, the session will be rescheduled for another day. If a new date cannot be determined in the near future, the client will receive a credit towards a shoot at a later time. 

Personal Camera:  Client may not bring own camera or recording equipment to the session. If a camera is present, Photographer will have to request that it be put away.

Artistic Style:  Client acknowledges that they have viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white. 

Cooperation & Physical Liability:  All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.

Copyright & Reproductions:  The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to make reproductions. The Photographer maintains the right to make reproductions for the Client or for the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.

Photographer:   The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or personal crisis. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

LIMIT OF LIABILITY:  In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit 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. 

Delivery: The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.

Facebook Sharing and Other Social Media: It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Derek Austin Photography is credited and that photos are NOT altered with editing or filters. 

You are permitted to click the “share” button on any photos posted to Derek Austin Photography’s facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.

Client’s Usage: The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.

Client is never permitted to edit or alter any photo that is copyright of Derek Austin Photography. 

Severability: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

Miscellaneous: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.

I agree by submitting the inquiry form above that I am accepting these terms and conditions.