Legal
Terms and Conditions
1. Agreement, Jurisdiction & Severability
This Agreement constitutes the entire understanding between RdotSmith Photography (“Photographer”) and the Client(s). It supersedes all prior or contemporaneous agreements, whether written or oral. Any modifications or additions must be made in writing and signed by all relevant parties. The Client(s) affirm that they are at least eighteen (18) years of age and legally able to enter into this Agreement. This Agreement shall be governed by the laws of the State of Texas. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
2. Payment
Full payment for services rendered is due when the photoshoot selections are sent to the photographer. Accepted forms of payment include Cash, Square Invoice, or Zelle.
3. Pricing
All pricing is based on the Photographer’s current Standard Price List. Prices are subject to change at the Photographer’s discretion. All services will be billed according to the pricing in effect at the time the services are requested.
4. Final Image Delivery
Upon completion of the photoshoot, the Client(s) will receive access to a private Google Drive folder containing all delivered digital images.
5. Refunds
If the Client(s) are dissatisfied with the final production, a refund of up to fifty percent (50%) of the fees paid may be issued at the Photographer’s discretion. If any images are used, distributed, or published after a refund has been issued, RdotSmith Photography reserves the right to pursue legal action for copyright infringement and unauthorized use.
6. Completion Schedule
Digital processing, including image selection and editing, typically requires seven (7) to fourteen (14) business days. Printing services will not begin until the Client(s) have approved the final edited images delivered via Google Drive.
7. Cooperation
The Client(s) agree to fully cooperate with the Photographer to achieve the desired results. This includes, but is not limited to, providing direction, identifying key individuals or scenes, posing as directed, attending pre-shoot consultations, and ensuring reasonable access to locations and subjects. The Photographer is not responsible for missed or unsatisfactory images resulting from lack of cooperation or assistance by the Client(s).
8. Professional Image Manipulation
Limited professional image manipulation may be performed when technically feasible. This may include, but is not limited to, color correction, red-eye removal, minor retouching, object or person removal, portrait enhancement, and special effects. If technical limitations prevent the Photographer from completing a requested manipulation or achieving a specific result, the Client(s) acknowledge that the Photographer has fulfilled their obligation to the best of their ability and bears no further responsibility.
9. Model Release
The Photographer retains the unrestricted right to use any images produced during the session for portfolio display, publication, promotion, advertising, and website use. Images may be retouched or altered at the Photographer’s discretion. The Client(s) waive any right to compensation for such use.
10. Miscellaneous
This Agreement represents the complete and final understanding between the parties. A waiver of any breach shall not constitute a waiver of any subsequent breach. Any amendments must be in writing and signed by both the Photographer and the Client(s).