Terms & Policies

 

NOTICE OF COPYRIGHT

Title (possession) of and copyright to all 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, crop, edit and/or reproduce ANY online images, make copies from prints, sell or alter images received in digital or print format without written permission. Sreenshot, scanned, photographed or altered images damage the reputation of Theresa Marie Photography as a professional studio 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 filtering. Clients are not allowed to reproduce any images produced by the photographer for any purpose. Theresa Marie Photography shall only make reproductions for the Client or for the Photographer’s portfolio, website, marketing materials, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.


INTERNET COPYRIGHT FINES

If the client or any other person decides to illegally scan, screen print, right click, cut and paste, print 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.

general

BOOKING

All clients will be asked to sign a portrait agreement and model release to secure their date and book their shoot. Those under 18 years of age will need a parent or guardian to sign with them. No shoot 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

NON-REFUNDABLE RETAINER

The session fee of $250 plus 7% FL sales tax is placed as a retainer to reserve your session date. Professional Hair and Makeup styling is not included with the retainer and is paid directly to your stylist on the day of your photo shoot. Photo shoots are not considered booked until the shoot fee is paid in full and agreement has been signed. 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, this fee is non-refundable after 48 hours.

video upgrade

If the client opts to upgrade their shoot to include Video, this commission will include only the service and extra time involved in creating video clips during the session. A one minute trailer will be created from these clips and will be included with purchase of prints and products.

TRAVEL FEE

There is a $50 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 $50 fee. Any travel fees incurred will be due with the session balance.

WEEKEND FEE

Photoshoots and Ordering appointments are scheduled Monday through Thursday. Weekends are available during the day for a $125 weekend fee. Any weekend fees incurred will be due with the session balance.

DEPOSIT

A non-refundable $350 deposit is due on day of shoot. Deposit will be deducted from final order at order appointment.

work commissioned

Services included in the session fee are as listed in full on the website. No digital files, images, prints or products are included with booking a shoot. All images and products are purchased separately. Shoots are priced with the expectation of an order from the images commissioned. If client fails to place an order from the session, client will be billed the $850 order commitment.

DELAYS / late arrival

If the Client is late to the photography session for no more than 15 minutes, the Photographer and Stylist will wait but will not extend the session time to compensate for the Client’s late arrival. If the Client is later than 15 minutes, the Photographer and Stylist will leave the agreed upon meeting location and consider the session cancelled without any legal consequence or responsibility. Due to the schedules involved, if you arrive more than 15 minutes late, your session will be automatically re-scheduled and the $75 re-scheduling fee will be invoiced. The Photographer will not refund the session retainer in this instance. In order to reschedule, a new and full retainer will be required to secure the new session date.

RESCHEDULING

If a session is re-scheduled by the client within 30 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 $250 retainer due to loss of income and costs incurred. Canceled sessions will have to pay a NEW retainer in order to schedule a new session.

Clients who have not confirmed their Ordering Appt 24 hours prior to time set force a reschedule.
If you are sick, or have an emergency – please do not hesitate to notify us.

SICK POLICY

The client MUST call to reschedule the photography session if the client is sick. You will be asked to reschedule your session if you come to the session sick. Rescheduling due to sickness will not cause you to incur an additional sitting fee as long as the rescheduled time is within 3 weeks of prior session.

WEATHER

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

  • The temperature is forecasted to be 95*+

  • 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 (aside from temperature). If we reschedule based on policy by 12pm, there is no reschedule fee. If Client chooses to go ahead with shoot after 10am call time and conditions are poor; no refund is given for inability to complete shoot. Reschedule fee of $75 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

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.

RECORDING

Cameras, camcorders, or recording devices of any kind are not permitted at your photographic session or order appointment. Please leave all camera equipment, or said devices at home. Smartphone photos are NOT permitted during the session unless they are behind the scenes photos that include the photographer.

RE-SHOOTS

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 Theresa Marie Photography at no additional cost.

Re-shoots are at the discretion of the photographer; and are not given for dissatisfaction/regretful personal choices such as hair and clothing choices, facial expressions or other like issues. 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.

Client Direction & Responsibility

The Client and involved parties shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance, communication or cooperation.

HAIR/MAKEUP

In the event Photographer furnishes a hair and/or makeup artist, Photographer is not liable for any application or services by this independent contractor. This includes but is not limited to allergies as a result of use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.

Additionally, in the event Client is unhappy with the hair and/or makeup service being provided, it is incumbent upon the client to address ANY issues prior to the stylist leaving and have it corrected. Upon notification of dissatisfaction, the Independent Contractor shall make a reasonable attempt to satisfy the Client's preferences. 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 dissatisfaction of their appearance in their photographs and no refunds of any sort are given as a result of such an issue.

Should the Client request a re-shoot, Client will responsible for a new session $250 non-refundable retainer fee to the Photographer, which will, this one time, include the services of the hair and/or makeup artist.

OFFICE HOURS

Office hours are Monday through Friday 10am – 6pm. Photo shoots and Ordering Appts are scheduled by appointment only.

PETS

Pets are welcome at your shoot only when we have been made aware of their participation beforehand. Please keep pets on a leash or in a carrier at all times for their safety and arrange for someone to care for the pet during the time of the session where they are not involved so there is no distraction and session can continue on schedule.

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PRODUCTS

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. This price list is subject to change without notice 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.

order commitment

Theresa Marie Photography offers an in depth experience and only accepts a limited amount of clients in order to give the best experience to each. For this reason, The FULL shoot requires an $850 minimum purchase commitment that does NOT include the session fee. This commitment is due at the Ordering session. The DEMI shoot requires a $450 minimum purchase commitment that does include the session fee. This requirement is due at booking.

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. Because of the nature of custom artwork, all 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. Any products that are designed during the ordering session will incur a $250 design fee if not purchased at the ordering session.

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.

Failure to place an order within 30 days of the session date will incur a $30/monthly archive storage charge.

PAYMENT OPTIONS

For your convenience Theresa Marie Photography accepts cash and checks; and all major credit cards. Checks should be made payable to Theresa Marie Photography.

PAYMENT PLANS

Payment plans are available for all orders over $850 with an initial deposit of 25%. Upon entering into a payment plan you are giving permission for your predated checks or credit/debit card on file to be charged according to the payment schedule set forth at the time the order was placed and payment plan agreement was signed. Payments are processed on the 1st and 15th of every month. 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 initial $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.

RETURNED CHECKS

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. In this event, all payments made will be retained to cover loss.

Archival & REPRINTS

For your convenience, Theresa Marie Photography archives all purchased/edited images for up to one year from the session date. All images that are not ordered will be deleted and no longer available for purchase. 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. Any orders placed after 3 months from the session date will be subject to a $100 archival fee. Any technical malfunctions due to computer or hard drive failure and subsequent loss of archived digital images are not at the fault of the Photographer and she will not be held legally or financially responsible.

DESIGNS & CARDS

When designs are presented for proofing, one revision is included in price of product. Any additional revisions will be charged at $50 each.

PRODUCT DELIVERY

Final print orders will be ready approximately 6-8 weeks after your order is received. Client will be notified 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 ‘social media’ files for online use only. These images will not be printed or manipulated and must be accompanied by an image credit to www.theresamarie.com in the caption.

digital fILES

Clients may purchase digital files and a print release for some / all images. It is the client’s responsibility to properly care for and store these digital files.

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

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.

LONGEVITY

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 USB 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 USB. Theresa Marie Photography also recommends making multiple copies of USBs every year to insure the media for years to come. Theresa Marie Photography cannot be held responsible for the failure of USBs due to mishandling.  It is the Client’s responsibility to keep several copies of any USBs in more than one location, and back up the data up on another format such as a hard drive.

RETOUCHING

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.

CREATIVE LICENSE

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. Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

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