Legal

 

 Terms and Conditions

1. AGREEMENT, JURISDICTION & SEVERABILITY: This contract contains the entire understanding between RdotSmith Photography and the Client(s). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties. The Client(s) affirm(s) that the Client (s) is/are at least 18 years old and has the capacity to enter into a contract with RdotSmith Photography. 

2. PAYMENT: At the end of the photo shoot, the Client(s) will provide the full payment for services rendered by RdotSmith Photography in the form of Cash, Debit card, Chase Quick Pay or Square Cash App. 

3. PRICING: All pricing is established per the specifications listed on the Photographer’s Standard Price List. The price list is subject to periodical changes at the Photographer’s discretion. All orders will be charged at the pricing in effect at the time of the requested services. 

4. FINAL IMAGE DELIVERY: After the completion of the shoot, RdotSmith Photography will provide the Client(s) with a private drop box folder that will display all of the digital images. 

5. REFUNDS: Only half of the client’s fees will be refunded to the Client if they are dissatisfied with the final production of RdotSmith Photography’s work. If there are any images used after the refund, RdotSmith Photography reserves the right to pursue legal action for illegal distribution and copyright infringement. 

6. COMPLETION SCHEDULE: Digital processing, including selection and editing, will take approximately two to three weeks for completion. The printing process can only begin after the Client(s) has approved the edited photographs that the Photographer has uploaded via Dropbox. 

7. COOPERATION: The parties that are to be photographed agree to assist and cooperate with the Photographer in order to obtain the desired photographs. This includes (but is not limited to): specifying persons and/or scenes to be photographed, taking time to pose for photographs at the Photographer's direction, providing a person to guide the Photographer to desired persons and/or scenes, pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance and/or cooperation. 

8. PROFESSIONAL IMAGE MANIPULATION: RdotSmith Photography will allow for limited professional image manipulation (if technically possible) on any image(s). This includes: opening of individual’s eyes, red eye removal, de-aging, removal of people and/or objects, insertion of missing people and/or objects, color correction, special effects, portrait glamorization, etc. It is understood that if a technicality prevents RdotSmith Photography from performing requested image manipulation, or if a technicality prevents the final result to meet the Client’s requirement, the client(s) will accept that RdotSmith Photography has performed to its best ability with regard to the specific task and that RdotSmith Photography has no further responsibility towards said image manipulation. 

9. MODEL RELEASE: The Photographer may have unrestricted use of the images captured or work produced from the session or photo shoot with the Client(s). Images or works may be subject to retouching or alteration without restriction. The Client(s) images or materials may be used for purposes such as (but not limited to): display, publication, promotional use, or Photographer website features. If the Client(s) images are used, the Client(s) will not receive payment or compensation. 

10. MISCELLANEOUS: This agreement incorporates the entire understanding of the signatory. Any modifications to this agreement must be in writing and signed by both the Photographer and Client(s) involved. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Texas.