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
COMMUNICATION & OFFICE HOURS
Our business hours are Monday through Friday 10am – 6pm. All calls and emails are returned during that time. Please allow 24-48 hours for reply.
Evenings and weekends for our families :) Photo shoots and Ordering Appts are scheduled by appointment only.
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 $405 plus 7% FL sales tax is placed as a retainer to reserve your session date. Theresa Marie Photography will reserve the time and date agreed upon by both parties. This retainer is remitted in consideration of the experience, reputation, skill of the photographer and in consideration of the inability of the photographer to schedule other clients during this time as well as the hours pre-ceding and the Order Reveal appointment. For this reason, this fee is non-refundable if the session is cancelled or changed for any reason.
Photo shoots are not considered booked until the retainer is paid in full and agreement has been signed.
The remaining $185 of the session fee is paid directly to the stylist subcontractor on the day of the session for Professional Hair and Makeup styling.
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 $1500 order commitment.
deposit & order commitment
Theresa Marie Photography offers an in depth experience and only accepts a limited amount of clients in order to give the best service to each and due to the extensive time invested as a result. For this reason, sessions require an $1500 minimum print/product purchase commitment that does NOT include the session fee.
This is placed as a good faith deposit applied to the final order and is due five days prior to session.
There are not any specific prints or products included in deposit or order commitment, the nature of Client's order is custom to their selections made at the Order Reveal appointment and full deposit is deducted from final total.
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 $75 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 $75 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.
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 $150 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 the booking retainer. Canceled sessions or No-shows will forfeit the booking 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. Only one sickness reschedule is permitted - Rescheduling policy applies to any additional reschedules.
WEATHER
The rain/weather policy is to reschedule 24 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*+
Forecasted wind conditions are 15mph or more
Client has the option to take the risk despite policy (aside from temperature). If we reschedule based on policy 24 hours in advance, there is no reschedule fee. If Client chooses to go ahead with shoot after 24 hour 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 if rescheduled 4 hours in advance of start time. If we continue with shoot and conditions are too poor to perform, a rebooking will be required to book another date.
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.
NO GUARANTEED RESULTS
Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form with many factors that can interrupt expectations (walls repainted, structures removed etc). With this, Photographer cannot and will not guarantee any particular results, including Client’s desired results.
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.
PETS
Theresa Marie is a dog lover so dogs are MORE than welcome to join in the shoot! All 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. Due to high demand, extensive time commitment to each client and limited openings as a result, The FULL shoot requires an $1500 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. (there is a $50 unarchive charge to retrieve files if possible) 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 $1500 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 $250 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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