TERMS & CONDITIONS
It is understood that Client is entering into a formal agreement ("Contract") with Ashley Rogers Creative Services, LLC. (also referred to as “Ashley Rogers Photography” or the "Photographer"). This Contract constitutes the entire agreement between both parties and will apply to all future transactions. It is understood that Ashley Rogers Photography is the exclusive official Photographer retained to perform photographic services requested in this “Contract". By signing this document, client acknowledges they have read, understand, and agree to the terms. Upon signature and receipt of required deposit, Ashley Rogers Photography shall reserve the time and date agreed upon.
SERVICE AGREEMENT & PHOTOGRAPHER’S RESPONSIBILITIES
The client agrees that Ashley Rogers Photography shall provide services to photograph to the best of our abilities in accordance with the portrait session selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. Ashley Rogers Photography will do all that we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.
Re-shoots will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer. Re-shoots are determined at the sole discretion of the Photographer. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a refund of the cost of the session fee.
If Ashley Rogers Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, due to personal illness or emergency, or any other reason, then Ashley Rogers Photography shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. In the event Ashley Rogers Photography fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
If the session fee must be refunded, Ashley Rogers Photography will have no further obligation to the client.
PAYMENT, RETAINER, & CANCELLATION POLICY
Client agrees to pay Ashley Rogers Photography a $200 deposit per session at the time of booking to secure their appointment. This is a non-refundable retainer fee that goes toward your session(s). This fee covers the time and talent of Ashley Rogers Photography as well as the creative editing of images, and an online gallery of those images.
If an illness or situation prevents a photo session from taking place, Client may reschedule their session if notice is provided at least 48 hours prior to their session start time. Should Client fail to give 48 hours notice, or decide to completely cancel the shoot, this retainer is forfeited, and Client will need to re-book a session with Ashley Rogers Photography at their current rates. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of portraits meeting the artistic standards of Ashley Rogers Photography, the Photographer may elect to use an alternate location or to reschedule the portrait session
PROOFS, GALLERY, & ORDERING
An online proof gallery will be delivered to Client within three (3) weeks of the session date. The images that will be selected and edited are at the sole discretion of the photographer. All images that do not meet Ashley Rogers Photography’s quality and/or artistic standards will be purged from the Photographer's hard drive immediately. Under no circumstances will unedited or RAW files be given to client.
A notification will be sent to Client once the gallery is available for viewing. The gallery will remain active for 14 days. After 14 days, the gallery will expire. There is a $50 fee for gallery re-activation. The re- activation period is 48 hours.
All images will be available for ordering for one (1) month following delivery of Client proof gallery. After one (1) month, all images will be purged from the Photographer's hard drive, with the exception of those images Ashley Rogers Photography selects to use for marketing and/or promotional purposes, to be determined by the Photographer at the Photographers sole discretion.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent quality of dyes, and the Client releases Ashley Rogers Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
The prices for photographs, digital images, and other products are subject to the pricing at the time of ordering.
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. At the Photographer’s discretion, if images are lost or destroyed before the Client has the chance to purchase the images, the Photographer’s liability will be limited to a refund of the cost of the session fee.
Due to the custom nature of each session, all sales are final. Once print orders are placed, they go into processing at the lab immediately;; therefore any print orders placed cannot be cancelled. Any changes to print orders are at the Client's expense. No part of any order will be delivered until the balance is paid in full.
SESSION TERMS & LIABILITY
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Photographer/Ashley Rogers Photography from any claims against their person or their business.
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior written permission is granted by the Photographer. The photographer will not continue if there are other cameras or videotaping during the session. Only those being photographed and/or immediate family will be present during the session.
Failure to comply with any portion of the Session Terms and Liability section will result in termination of the portrait session.
COPYRIGHT & REPRODUCTION
The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Ashley Rogers Photography. It is a violation of federal copyright law to allow photographs created by Ashley Rogers Photography to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. The client agree to purchase prints and products directly from Ashley Rogers Photography unless in possession of high-resolution digital files. The client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Ashley Rogers Photography. The client agrees not to scan, copy or reproduce images in any manner without a written release.
The client agrees to refrain from altering images from Ashley Rogers Photography. This applies to Instagram filters or any other photo re-touching programs or mobile applications.
CHOICE OF LAW, AGE AGREEMENTS, & SIGNATURES
Any modifications of this Contract must be in writing and signed by both parties.
By signing this contract, client agrees they are at least 18-years-of-age or is the legal guardian of minor subjects. Ashley Rogers Photography has no liability if clients misrepresent their age.
The client has received, read, and agrees to all terms of copyright in this agreement and those descriptions set forth in the “copyright information” on the last page of this agreement and agrees to relay the details of this contract to any and all subjects involved in the session.