Terms & Conditions
Description of Services
These Terms and Conditions constitute an order for the photography services described in the applicable Session Package. The agreement is between the Photographer and Client. Client agrees to pay the total amount in full before the photographs are delivered.
Retainer/Deposit
The amount due upon reservation of the session or event date is a retainer. Upon receipt of the retainer, the Photographer will reserve the agreed-upon date and time and will turn down all other inquiries for that time frame. The parties agree that the exact financial damage caused by a cancellation is difficult to calculate; therefore, the client agrees that this retainer represents a reasonable estimation of the Photographer’s administrative costs and lost business opportunity and is non-refundable.
Rescheduling
If the Client requests to reschedule the session or event date for a personal scheduling preference, a $250 rescheduling fee will be added to the Session Package price for each reschedule. Sessions may be rescheduled within 48 hours of the initial booking without an additional rescheduling fee. No rescheduling fee will be charged when rescheduling is necessary due to illness, unsafe or unsuitable weather conditions, or other circumstances outside the Client’s control.
Cancellations
If the Client cancels the session or event for any reason, the Client will forfeit the retainer.
Delivery of Photos
No part of any order, including previews, will be delivered until the balance is paid in full.
Photographer Rights
It is understood that any and all images, whether proofs, digital files, final prints, or sample prints, and all rights associated with them remain the property of the Photographer.
Client Rights
Regarding the images delivered, whether as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold or used for advertising unless otherwise specified by the Photographer.
Indemnification
Client agrees to indemnify, release, discharge, and hold harmless the Photographer, the Photographer’s heirs, legal representatives, assigns, employees, and any persons or corporations acting under the permission or authority of the Photographer from and against any liability or claims arising from work performed under these terms and conditions. This includes, but is not limited to, claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring, or alteration that may occur during the taking, processing, or reproduction of the photographs.
Limitation of Liability
Although all reasonable care will be taken in providing these photography services and creating the digital photographs, the Photographer’s liability for loss of data, equipment failure, inability to perform the photography services for any reason, failure to deliver images for any reason, or any other contractual damages is limited to the return of payments already made to the Photographer. This limitation does not apply to instances of gross negligence or physical personal injury.
Permissions
All permits and permissions required for the Photographer to photograph the sessions or event, including location permissions and releases from individuals being photographed, are the responsibility of the Client to obtain.
Transfer
These Terms and Conditions cannot be transferred or assigned to any third party by either the Photographer or Client without the written consent of both parties.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the Photographer and Client and supersede all previous agreements. They cannot be altered without the written consent of both the Photographer and Client.
Model Release & Consent for Minors
Client understands and agrees that photographs taken during the session may include the Client, the Client’s minor children, and other family members or individuals participating in the session. Client grants Christy Odom Photography permission to use photographs from the session, including the photographic likenesses of the Client and any minor children for whom the Client is the parent or legal guardian, in all forms and media for advertising, displays, trade, and other lawful purposes, including but not limited to Christy Odom Photography’s website, social media, Highlight Galleries, and marketing materials. Christy Odom Photography will not sell these images to any third party without additional consent from the Client.
