terms and conditions

definitions

  • The Photographer: Brooklynne Rose Photography

  • The Client: Is hereby referred to as, any person, body of persons, collaborator, any type of recipient, firm, or company with whom the Photographer enters into a contract for the sale of goods or provision of paid or non paid services, joint working agreements or competitions with or by the Photographer.

  • Photography Service Agreement: A signed binding agreement between the Photographer and the Client outlining the terms and conditions of image use, purchases, pricing, scheduling etc & must be signed before any session takes place.

payment / refund policy

  • A non-refundable retainer is due within 24 hours following the booking confirmation. The remainder of the session fee will be due on the date of the session, unless otherwise arranged and agreed between Photographer and Client in writing. A session will not be confirmed or take place unless the retainer has been paid by the Client.

  • The retainer is not refundable but may be transferable to another date if the session cannot be conducted due to reasons that are reasonable or are outside of their control (such as illness or inclement weather). The Client acknowledges that the retainer may be forfeited if the Client does not make contact with Brooklynne Rose Photography to reschedule a session at least 24 hours in advance where the Client should have known the session would not be able to proceed when agreed.

  • Should the nominated photographer not be available for any reason, Brooklynne Rose Photography will notify the Client of the change as soon as it is known and make every effort to reschedule the session. If for whatever reason this is not possible, Brooklynne Rose Photography’s responsibility and liability is limited to the return of all payments received.

  • The session fee includes the Photographer’s time and talent, all communication prior to and after the shoot, professional editing, preparation of images and uploading to an online downloadable gallery within advertised amount of time from the session date.

  • The booking of and any additional costs incurred for booking venues, photography locations, additional props etc. are the Client’s responsibility and will be added into the session fee unless the Client has already paid for these separately.

attendance

  • In the unlikely event of illness or emergency, the Photographer may substitute another photographer to take the photographs. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.

  • If you're not able to make the session for whatever reason, please text or call to let me know (even if 10 minutes before start time). In case of a no call, no show (even in emergency), you will not be refunded and will be required to repay booking retainer amount if you choose to reschedule. Photographer retains the right to deny further service in case of no call, no show.

failure to perform

If the Photographer cannot perform this agreement due to a fire or other casualty, 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 deposit to the Client and have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable to refund any amount past what the Client has paid.

liability

Personal accident by any directions issued to Clients, their guests or employees during a photographic shoot are deemed to be at Clients own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.

retouching

All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of final images given to the Client shall be deemed correct. Client does not have permission to alter or edit the final photographs in any way.

copyright and use of images

  • In the United States, the Copyright Act of 1976, Title 17 of the United States Code, protects photographs as "original works of authorship" under Section 102(5) of the Act. This means that when a photographer captures an image, they automatically become the copyright owner of that image.

  • The Client will give credit to Brooklynne Rose Photography as the creator of the images and files whenever appropriate.

  • The Client must not alter any print, file or image by any means including by cropping, “photoshopping”, “filters”, or altering colors, contrast or exposure in any way without Photographer’s direct written permission.

  • The Client must not publish any images for a commercial purpose, sell any images or enter any images into any competition without Brooklynne Rose Photography’s prior written permission. The Client must not allow a third party to do any of these things. Brooklynne Rose Photography may require compensation prior to providing the Client with written permission.

  • The Client must not display or show copies or prints of any images where the resolution, colors, contrast or exposure are substantially different from the final images or files provided by Brooklynne Rose Photography. This is to ensure the Photographer’s reputation is not damaged by poor quality copies of any of their images.

website display and photographer usage

  • Brooklynne Rose Photography will be understanding of cultural, family and personal sensitivities. If the Client does not wish their photographs to be used by Brooklynne Rose Photography for editorial, trade, advertising, industry competitions or for portfolios or reasonable advertising, the Client must inform the Photographer immediately, prior to signing this agreement.

  • The Client hereby allows the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, competitions, brochures, magazine articles, blogs, websites, sample albums etc. unless otherwise stated in writing by Client prior to signing.

service agreement

  • The purpose of this contract is to record the terms agreed for a photographic assignment. All contracts and transactions between Brooklynne Rose Photography and the Client whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of her Clients.

  • The Client has read and understood the terms of this agreement. This agreement contains the entire understanding between Brooklynne Rose Photography and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.