Terms & Policies
NOTICE OF COPYRIGHT
Title (possession) of and copyright to the negatives and or digital images (hereinafter collectively “images”) created by Theresa Marie Photography shall remain with Theresa Marie Photography. Federal Copyright Law protects all photos. Even though the pictures may be of you or your child, the photographer still owns the copyright to the image. It is unlawful and illegal to copy, scan, right-click, screen shot, reproduce, or post ANY online images, make copies from prints, sell or alter images received in CD or print format without written permission. Theresa Marie Photography wishes to have complete control over the final look and quality of her client's images, and scanned, photographed or altered images damage her reputation as a photographer by distorting and devaluing the image quality. Images are not to be posted to the Internet unless given written permission by Theresa Marie Jasper. If permission is given, images posted to the Internet need to be acknowledged as images by Theresa Marie Photography and are NOT to be altered in any way, which includes but is not limited to cropping, resizing, and processing. The photographer retains the copyright and ownership of all images of the photo session and reserves the right to reproduce images for portfolio, studio display, gallery display, website, self-promotion, photo contests, etc. Clients are not allowed to reproduce any images produced by the photographer for any purpose. Copyright violations are subject to fines.
INTERNET COPYRIGHT FINES
If the client or any other person decides to illegally scan, screen print, right click, cut and paste, “snip tool”, or reproduce an internet image provided by the photographer, the client will incur a $500 copyright fine per stolen image.
PRINT COPYRIGHT FINES
If the client or any other person decides to illegally scan, print, or reproduce a printed image provided by the photographer, the client will incur a $500 copyright fine per stolen image.
All clients will be asked to sign a portrait agreement and model release to secure their session. Those under 18 years of age will need a parent or guardian to sign with them. No session is accepted onto the calendar without receiving a parent or legal guardian's signature to ensure all pricing and details are understood. Sessions are not guaranteed until your retainer payment has been made and our portrait agreement signed and completed online. Our portrait agreement is available to read and fill out online by CLICKING HERE
Upon signature of the Client, Theresa Marie Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the session fee of $200 plus 7% FL sales tax is placed as a retainer to reserve your session date. This fee is non-refundable.
There is a $25 travel fee for locations over 20 miles outside of 34683. Locations more than 50 miles outside of this zip code will incur a charge of $1.75 per mile after the initial $25 fee. Any travel fees incurred will be due with the session balance.
Photoshoots and Ordering appointments are scheduled Monday through Thursday. Weekends are available during the day for a $75 weekend fee. Any weekend fees incurred will be due with the session balance.
A non-refundable $350 deposit is due on day of shoot. Deposit will be deducted from final order at order appointment.
Please be courteous and on time. The session will begin promptly at the agreed upon time. Please arrange to be dressed, made-up and ready to begin at this time. (Because the session length is predetermined, any additional time required to prepare yourself once you’ve arrived will reduce the amount of time we can spend in-session, and further limits the amount and quality of images captured.) If you are running late please give me a phone call so we know when to expect you, and if we’ll be able to keep your appointment. Due to the schedules involved, if you arrive more than 15 minutes late, your session will be automatically re-scheduled and a $150 re-scheduling fee will be applied.
There shall be NO refund of session fee after 48 hours from the signing of agreement due to the reservation of the calendar date.
If a session is re-scheduled by the client within 60 days of the session date, there will be a $75 re-scheduling fee. (This fee may be waived if we are able to fill your calendar date – but is not guaranteed). There will be no penalty for non-permitting weather and other reschedules at the photographer’s discretion. If the session is rescheduled due to a non-weather related issue by Theresa Marie Photography, the client will receive a $50 credit towards the final print order.
Session retainer will be transferred to the new date. Re-scheduled sessions must take place within 60 days of original session date or you will forfeit your retainer. Canceled sessions or No-shows will forfeit the $200 retainer due to loss of income. Canceled sessions will have to pay a NEW retainer in order to schedule a new session.
If you are sick, or have an emergency – please do not hesitate to notify us.
The rain/weather policy is to reschedule 4-6 hrs prior to shoot if:
- There is a 30% or greater chance of rain forecasted during shoot time block
- There has been significant rain fall previous to shoot time affecting location (being wet and limiting posing) if chance of rain is less than 30%.
- Called by 12pm in Late Spring/Summer and 10am in Fall/Early Spring, whether to revert to scheduled rain date.
- Forecasted wind conditions are 15mph or more
- There are dark overcast clouds when client's expectations were sunny images
Client has the option to take the risk despite policy. If we reschedule based on policy by 12pm, there is no reschedule fee. If Client chooses to go ahead with shoot after 12pm call time and conditions are poor; no refund is given for inability to complete shoot. Reschedule fee of $150 will apply to make another attempt in this case.
Destination Clients: If we call the shoot based on weather, reschedule and cannot get good weather before you leave town, then refund will be issued minus taxes and cc processing fee.
Local Clients: We leave room on the calendar for reschedules (though limited) and can reschedule based on policy as many times as necessary until shoot is complete!
Attendance at photo sessions is limited to two other people beside the senior.
Please do not bring extra people to your session. Having additional persons present disrupts the session and is very distracting, not only to the photographer but also to those being photographed.
Cameras, camcorders, or recording devices of any kind are not permitted at your photographic session. Please leave all camera equipment, or said devices at home.
In the unlikely event that photographic materials are lost or damaged, for any reason including: theft, equipment malfunction, destruction, corruption, or otherwise the session will be re-shot at an agreed upon time by both client and F&K at no additional cost.
Re-shoots are at the discretion of the photographer; and are not given for regretful personal choices such as hair and clothing choices or facial expressions. In the event a client requests a new shoot due to the above circumstances, it will be billed at 100% and must be scheduled within two weeks of the original shoot date.
In the event that the Client is unhappy with the hair or make-up service being provided or the final results, it is critical that the client addresses this issue prior to the stylist leaving and have it corrected.
Whether Client did their own hair and makeup, or whether it was provided by the stylist, Theresa Marie Photography is not held responsible for Client's unhappiness with their appearance in their photographs and no refunds of any sort are given as a result of such an issue. During the photo session, Theresa Marie will pay close attention to details in Client's appearance to ensure the best quality photographs.
PRICING & INVESTMENT
Pricing is defined on the investment page &/or current catalog. Prices are subject to change without notice. Pricing at time of booking are valid for a period of two weeks following the date of the session. Orders placed after 14 days following the session are billed at the currently published prices, which may be greater. All orders (prints, products, etc) must be paid in full at the time of the Order Session. There is a $425 minimum portrait investment for all sessions. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Orders that are placed 6 weeks after a session date will be subject to the current pricing.
VIEWING AND ORDERING SESSION
All orders from your session will take place at a special appointment created for this purpose, within two weeks of your session. This appointment will last up to two hours, and all decision makers, persons who wish to place an order (or have input into your family’s order) must be present. Final selections will be made and order will be placed and paid for at order appointment. For any reason if an additional ordering appointment will be required, a $100 fee will apply. All unordered images are purged 6 weeks after session. Images are not considered ordered unless a deposit has been made toward final print order.
You are permitted ONE reschedule of your scheduled order session, only if necessary. In the case of multiple reschedules, a $30 fee will be applied for each additional cancellation.
For your convenience Theresa Marie Photography accepts cash and checks; and all major credit cards. Checks should be made payable to Theresa Marie Photography.
Upon entering into a payment plan you are giving permission for your credit/debit card on file to be charged according to the payment schedule set forth at the time the order was placed. You will receive a receipt, via email, after each payment has been made. If payment can not be made or processed as scheduled, order will be subject to inital $25 late payment fee then a $50 file storage fee per month beginning from the date of order appointment. If a payment is not made within 14 business days an additional 2% late fee will apply and for each 14 days thereafter. Should a payment be late more than twice, the full balance on the account (including late fees) is due immediately. Print and product orders are not processed by lab until order has been paid in full.
Checks returned by the bank, for any reason, will be charged a $50.00 service charge. Orders will be cancelled if they are not paid in full within 7 days of notification.
DESIGNS & CARDS
When designs are presented for proofing, one revision is included in price of product. Any additional revisions will be charged at $50 per hour.
Final print orders will be delivered approximately 6-8 weeks after your order is received. Theresa Marie will contact you via email or by phone in order to set up a convenient time for your images to be picked up. Theresa Marie Photography cannot be held liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail, or otherwise lost or damaged without fault on part of the photographer. No money will be reimbursed. The Client must seek remedies from the carrier.
Artwork that has not been picked up within 30 days will incur a $30/monthly storage charge.
WEB READY FILES
Client will receive watermarked ‘web-shareable’ images for online use only. These images will not be printed or manipulated and will be accompanied by an image credit to www.theresamarie.com
REFUNDS AND EXCHANGES
Due to the custom nature of each session, images and products involved, all print order, album & product sales are final. Once an order is placed, the payment will be processed within the hour and cannot be cancelled or changed in any way. Order revisions will incur a 50% fee. Ordering additional products is considered a re-order and require a $100 minimum. There are no exchanges, swapping, re-prints, returns or refunds - no exceptions. Please be sure to check in with us about any questions you may have ahead of time.
Portrait care guidelines are included complimentary inside of the print order. It is recommended that you read and follow the suggestions as fine art portraits should be handled with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Theresa Marie Photography works with professional labs specifically serving professional photographers to deliver only the highest quality of prints and products available. However, Client is aware that color dyes in photography may fade or discolor over long periods of time due to the inherent qualities of dyes, and Client releases Theresa Marie Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Due to the nature of CD/DVD media, they may also corrupt or become damaged. Theresa Marie Photography recommends that the Client back up all data on another media format other than CD/DVD. Theresa Marie Photography also recommends making multiple copies of CDs/DVDs every year to insure the media for years to come. Theresa Marie Photography cannot be held responsible for the failure of CDs/DVDs due to mishandling. It is the Client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back up the data up on another format such as a hard drive.
Theresa Marie Photography archives all purchased images for one year from the session date. All images that are not ordered will be deleted. After one year, all images are permanently removed from the image archive. Add-ons or re-print orders from any ordered images are available with a $100 lab required minimum so it is best to place all orders at one time to avoid having to meet the minimum each time. Any orders placed after 3 months from the session date will be subject to a $100 archival fee.
Although diligent efforts are made to avoid environmental problems and effects, all client-requested photographic touchups or alterations not included in the purchased product (small facial scars, blemishes, eye circles) will only be performed at the Client’s expense of $25 per image. Such retouching may include but is not limited to, correction of hair/make up, braces, digital slimming, environmental effects, removal of logos/words on clothing, removal of wrinkles, reflections in glasses, opening closed eyes, removal/insertion of family members, bystanders, fixtures, shadows etc.
Images are edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s standards.
LIMIT OF LIABILITY
Theresa Marie Photography takes the utmost care with respect to the proper exposure, retouching, and archiving of digital images. In the unlikely event of data loss, camera equipment malfunction or photographer illness that prevents the undertaking of the session or fulfillment of product, photographer’s liability will be limited to the refund of all session fees and/or order total, or a new session can be scheduled at no additional cost to the client.