Portrait Photography
Terms & Conditions
In the following terms and conditions “the Photographer” shall mean Paul Wainwright, doing business as ‘Blink2 Studio’ or ‘Wainwright Photography’. “The Client” shall be those persons responsible for booking the photography services. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing.
Booking & Cancellation
Portrait photography sessions, or any fixed cost discount packages that include additional products are payable at the time of booking. A booking is considered firm as from the date of payment. Each booking has a minimum non-refundable booking fee that is based on the cost of studio time for that individual session. The non-refundable portion of payment is clearly identified in the contract. Accordingly, the Photographer will, at his discretion, accept cancellations and issue a refund depending on the amount of notice received prior to the agreed date: More than 4 weeks, 100% amount of payment less the non-refundable booking fee shall be returned; Between 2 and 4 weeks 50% amount of payment less the non-refundable booking fee shall be returned; Cancellations with less than 2 weeks’ notice will not receive a refund.
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposits and fees, less any non-refundable portion, to the Client but shall have no further liability with respect to the Agreement.
In the event of inclement weather occurring during outdoor location sessions, the Photographer and Client shall attempt to reach common understanding of whether to postpone or cancel the session. If postponement is agreed upon, the Client shall rebook in accordance with the Photographer’s normal booking process to reschedule the shoot, at no additional cost. If cancellation is agreed upon, the contract shall be terminated, and the balance of fees paid less non-refundable fees shall be returned to the Client. If the Photographer and Client do not reach consensus, the session will be cancelled, the contract shall be terminated, and the balance of fees paid less non-refundable fees shall be returned to the Client.
Should the Client arrive late or fail to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to the Photographer’s standard fees
Conduct
At all times, the Client will be responsible for the safety and conduct of all persons in their party whilst on the Photographer’s premises, in studio, or on location. The Photographer reserves the right to terminate his activities without refund of any deposits or fees if he deems the conduct of any person to be unruly, inappropriate or likely to cause harm to persons or damage to property. The Client agrees to pay in full for all loss (including consequential loss) and damage caused by anyone in their party.
Blink2Studio has a zero-tolerance drug policy. Anyone suspected of possessing, using, being under the influence of a federally designated illegal substance, including marijuana regardless of local laws, will be asked to leave the shoot. Failure to abide will result in the termination of the shoot without refund of any deposits or fees.
Copyright
The copyright of photographs remains with Wainwright Photography. Wainwright Photography grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication, Entry to awards or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.
Images
The Photographer will be responsible for creative choices in terms of the images captured during the shoot but will consider the Client’s reasonable instructions in respect of the shoot brief. Following completion of the shoot the Photographer will deliver images to the Client via a secure online gallery as soon as reasonably practical but cannot guarantee urgent turnaround. Unless expressly agreed in writing the Client shall not be entitled to reject images based on style or composition.
RAW files are not delivered to the client.
Additional Expenses
Travel expenses may be charged for location shoots outside a 50-mile driving distance from the Photographer’s base location. For purposes of driving distance measurement, the location shall be calculated from 13946 H G Trueman Rd, Solomons, MD 20688. Travel expenses, if incurred, will be clearly identified in the contract. If the portrait session is taking place on location, any entrance fees, parking fees or related expenses will be payable by the Client.
Portrait sessions include digital delivery of images as per the contract. Following the shoot, if the Client wishes to purchase additional digital files, prints or wall art these can be arranged at additional cost. Additional products will be arranged and fulfilled by a third-party professional photography lab and payment shall be made via the on-line client gallery.
Costs incurred by the Client and charged to the Photographer or Photographer’s accounts shall be reimbursed prior to the delivery of any images.
Minors
Bookings for photography shoots must be made by persons of age 18 or over. Any photography session in which a person under the age of 16 is a participant, whether as a subject or otherwise engaged, shall be attended by an authorized adult handler for the participant. In certain cases, studio rules require an adult handler for all minors. In such cases, an adult handler must be present for any person under the age of 18.
Payment
Portrait photography sessions, gift vouchers and fixed cost discount packages are payable at the time of booking. Should the Client later order any additional printed products or digital files these will be payable at the time of order.
Retouching
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct. Retouching and digital manipulation of the images are available to the Client as an option at extra cost.
Confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography except where reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
Liability
The Photographer will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate, and that images are backed up in a responsible manner. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss, except in cases of misconduct as described above.