Terms of Service

Deposit and Payment
A nonrefundable retainer must be paid in full at the time of booking. Retainer secures the time and services of the Photographer; the date and time of your session are not on hold until the retainer is paid. Should you wish to change the date and/or time of your session, your retainer serves as a date change fee, and a new retainer must be paid to book your new date and/or time. In the event of a cancellation, your retainer will not be refunded and will serve as the agreed loss suffered by the Photographer due to cancellation.

Following payment of the Retainer, balance of any fees due is to be paid on, or before, the due date listed on the invoice. Failure to pay the remaining balance on or before its due date may result in either a 5% fee per week overdue, or the cancellation of your session without return of your retainer. No photographs will be delivered until all payments due have been paid in full. Payment for additional images, prints, and albums is to be made when they are ordered.

Copyright and Reproductions
All photographic materials, including but not limited to digital files, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.

Client Usage
The Client is obtaining photos, prints, or albums for personal use only and shall not sell said photos, prints, or albums or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screen shot, use as a basis for derivative works, use filters, manipulate in any way, or otherwise use the Photographer’s images. If Client has purchased a package with watermarked jpeg files, Client agrees not to remove, crop, photoshop, or otherwise edit or remove the Photographer’s watermark.

If Client is obtaining a print for reproduction or publication, Photographer authorizes Client to reproduce the print only as agreed upon by Client and Photographer. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so.

Attendance
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or emergency. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

Failure to Perform
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 deposit to the Client but shall 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, lost in the mail, 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 for any amount in excess of the retail value of the Client’s order.

Requested Coverage
The photographer will honor requested photographs but does not guarantee any specific photographs.

Artistic Style
Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that difference in locations, subjects, and lighting allows for variations in the final outcome of the session. Photographer reserves the right to artistically interpret how to photograph a scene.

Retouching
All images will be adjusted for exposure, brightness, contrast, sharpness, etc in Adobe Lightroom. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing, including but not limited to airbrushing, skin, hair and clothing retouching, is available to the Client as an option at extra cost.

Complaints
Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York.

Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information
Questions about the Terms of Service should be sent to us at ebbe@ebbesweet.com.