Terms & Conditions

Photography Services Contract and Terms of Agreement

This Agreement is a legally binding contract between Whiskers and Wildflowers Photography ("Photographer") and the undersigned client ("Client"). By booking any session, the Client fully agrees to all terms below. These terms are non-negotiable except where otherwise required by applicable law or expressly agreed to in writing by the Photographer.

1. Booking, Payment, and Taxes

A non-refundable retainer of [insert amount or %] is required to secure a session date. No date will be held without this payment.
The remaining balance must be paid in full no later than [insert deadline, e.g., 48 hours before the session]. Non-payment may result in cancellation without refund.
Accepted payment methods include cash, credit card, and digital payment platforms such as Venmo, PayPal, or Zelle.
Any processing, convenience, or transaction fees will only be charged where permitted by law and by the applicable payment processor or card network rules, and will be disclosed before payment is completed.
A 10% discount is offered for payments made entirely in cash.
Prices do not include applicable sales, use, or other taxes unless expressly stated.
The Client is responsible for any taxes required by law, which may be added to invoices where applicable.
Standard sessions include up to [insert session duration, e.g., 60 minutes] of continuous shooting unless otherwise agreed in writing.

2. Cancellation and Rescheduling

Cancellations must be made in writing at least 72 hours before the scheduled session start time.
Cancellations made within 72 hours of the session will result in complete forfeiture of the retainer plus a $75 late cancellation fee.
The parties agree that the late cancellation fee is a reasonable estimate of the Photographer’s administrative time, preparation, and lost booking opportunity, and not a penalty.
One reschedule is permitted at no charge if requested at least 72 hours before the scheduled session start time.
Additional or late reschedules may be declined or may incur a fee.
Rescheduled sessions must occur within 60 days of the original session date unless otherwise agreed in writing.
This section does not limit or override any cancellation rights that may apply under Section 16 of this Agreement or under applicable law.

3. Session Requirements

Clients must arrive on time and fully prepared.
Sessions will begin at the scheduled time, and any late arrivals will result in reduced session time with no refund or extension.
The Photographer is not responsible for missed images due to tardiness, uncooperative subjects, unsuitable weather, location restrictions, or unapproved locations.
While the Photographer will make reasonable efforts to capture requested poses, groupings, or moments, no specific image, pose, expression, background, or result is guaranteed.
Clients are responsible for their wardrobe, hair, makeup, and appearance.
No reshoots or refunds will be granted due to dissatisfaction with personal styling.
No-Show Policy: If the Client does not attend their session without prior written notice, it will be considered a no-show. The session will be forfeited in full, and no refund or reschedule will be issued.
Photographer Discretion: The Photographer has sole discretion over the selection and editing of final images. Unused, unedited, or RAW files will not be provided, discussed, or made available under any circumstances.
Respectful Conduct: The Photographer reserves the right to terminate a session immediately and without refund if the Client or any participant engages in unsafe, threatening, or abusive behavior.

4. Location Permissions, Fees, and Restrictions

Unless otherwise agreed in writing, the Client is responsible for obtaining and paying for any location permissions, permits, admission fees, parking fees, or venue charges required for the session.
The Photographer is not responsible for limitations imposed by any location, venue, property owner, weather condition, public space, or third party.

5. Weather, Illness, or Emergency

If the session is affected by severe weather, illness, emergency, or circumstances outside either party’s control, the Photographer may reschedule the session.
If the Client refuses a reasonable reschedule, the retainer remains non-refundable.
If the Photographer is unable to provide the session and no reasonable reschedule can be arranged, the Client will receive a refund of all payments made.

6. Image Delivery, Editing, and Archival

Final, edited images will be delivered in an online gallery within 2–3 weeks of the session.
The Photographer will deliver only the final selected and edited images.
No RAW, unedited, or additional images will be made available.
The Photographer guarantees delivery of at least [insert number] fully edited images per standard session.
The actual number may vary depending on cooperation, conditions, and session duration.
Images will be available for download for 30 days.
After this period, retrieval is not guaranteed.
If retrieval is possible, a $50 archival fee will apply.
Editing includes standard adjustments, including color, exposure, and light skin retouching.
Additional retouching, including but not limited to body modifications or object removal, may be declined or may incur additional charges.

7. RAW Files

Under no circumstances will RAW or unedited files be released, sold, licensed, or shared.
This policy is final and non-negotiable.
All images delivered to the Client are edited JPEGs in accordance with the Photographer’s artistic standards.
The Client fully agrees that RAW files are the sole property of the Photographer and that any request for them will be categorically denied without discussion.

8. Copyright and Usage Rights

The Photographer retains full copyright and ownership of all images.
The Client receives a personal-use license to print, share, and display the images for non-commercial purposes only.
This includes personal social media accounts, private photo albums, and personal websites with no commercial gain.
Clients may crop images for personal or social media use, including Instagram, provided the overall integrity of the image is maintained.
Applying filters, altering colors, or making significant edits that misrepresent the Photographer’s original work is strictly prohibited.
The Client may not use images in conjunction with paid social media posts, sponsored content, collaborations, advertisements, or branded promotions without prior written permission and a commercial usage license.
Commercial use, resale, publication, or promotional use is strictly prohibited unless a separate written agreement is made in advance.
Requests for commercial usage rights must be made in writing and are subject to separate pricing and licensing terms.

9. Model Release and Minors

The Client grants the Photographer full rights to use session images for promotional, portfolio, website, and social media use.
If the Client does not consent to this usage, they must opt out in writing before the session.
Otherwise, permission is presumed.
A parent or legal guardian must sign on behalf of any minors photographed.
For sessions involving minors, the parent or legal guardian remains responsible for the supervision, conduct, and safety of all minors during the session.

10. Liability and Safety

The Photographer is not responsible for injuries, loss, or damage that occur during the session, including but not limited to incidents caused by uneven terrain, environmental hazards, client actions, participant behavior, or location conditions.
By signing this Agreement, the Client waives any and all claims against the Photographer for injuries or damages incurred during the session, even if such injuries or damages are caused by the Photographer’s negligence, except in cases of gross negligence or intentional misconduct.
In the unlikely event of technical failure, including but not limited to corrupted files, lost data, or equipment malfunction, the Photographer’s liability is strictly limited to a refund of the session fee.
The Client affirms they are at least 18 years of age and have the legal authority to enter into this Agreement.

11. Health and Communicable Illness

The Photographer may reschedule any session in the event of illness or exposure to contagious conditions.
Clients must notify the Photographer immediately if anyone being photographed is sick or exposed to illness prior to the session.

12. Refunds and Additional Services

No refunds will be issued once services have been rendered or digital images delivered, unless otherwise required by law.
Any additional products or services, including but not limited to prints, albums, extra editing, extended session time, rush delivery, travel fees, or additional gallery access, must be requested in advance and will be invoiced separately.

13. Governing Law

This Agreement is governed by and enforceable under the laws of the State of Michigan.
Any disputes shall be resolved exclusively in a Michigan court of competent jurisdiction.

14. Entire Agreement and Electronic Agreement

This Agreement, together with any written invoice, booking confirmation, package description, or written terms issued by the Photographer, represents the full agreement between the parties.
No verbal statements, text messages, emails, or informal communications modify this Agreement unless expressly agreed to in writing by the Photographer.
Digital signatures, typed names, or checkbox acknowledgments made during online booking shall carry the same legal effect as handwritten signatures under the Michigan Uniform Electronic Transactions Act.

15. Severability

If any provision of this Agreement is found to be invalid or unenforceable, all remaining provisions shall remain in full effect.

16. Notice of Cancellation Rights for In-Home Bookings

If the Client books or signs this contract during an in-person visit by the Photographer to the Client’s residence or another non-business location, the Client may have the legal right to cancel this Agreement within three business days of signing, without penalty, under the Michigan Home Solicitation Sales Act.
If this Agreement is signed in a situation covered by the Michigan Home Solicitation Sales Act, the Photographer will provide the Client with any required cancellation notice form.
In such cases, this section controls over any conflicting cancellation or payment language in this Agreement.
To cancel under this section, the Client must notify the Photographer in writing within the required timeframe.