Terms of Service

1. Retainer and Payment. The Client shall make a non-refundable retainer of $75 or 20% (predetermined by photography based on session type) to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. The remainder of payment will be due upon completion of the photo session.

2. Cancellation. If Client requests to amend or cancel this agreement the retainer shall be applied to a mutually agreed upon reschedule date within a 6 month time frame. If Client fails to show or give notice the retainer shall be forfeited.  If reschedule or cancellation is requested at any point, NO refund will be issued for all monies paid, but photographer will honor a 6 month reschedule grace period.  If cancellation or reschedule is requested within 3 days of the session date (unless for an unforeseen illness or emergency), NO refund will be issued.  No refunds will be granted at any time, but reschedules will be allowed within an appropriate time frame.

3. Late Arrivals. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session, and therefore guaranteed image quantity may be decreased as a result.

4. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.

5a. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, originals, digital files, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make Client's images available through an online gallery website. These proofs shall be available to the Client within 10-14 days of the session unless otherwise stated. The online gallery delivered shall remain open for 60 days from delivery. It is suggested that the Client make at least two separate backups of all their images.

5b. The Client will receive all best images, chosen by the photographer, edited and delivered in an online downloadable gallery.

6. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

8. Social Media. The Client may share images posted to social media through use of the share functions and dissemination of direct links. All images posted on social media requires a direct link or credit towards Zofia Sells Photography. Client shall not copy, screen shot, alter (crop, add filter, or edit in any way), or capture the photographs in any other fashion.

9. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability.

Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

10. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

11. Style. Client has spent a satisfactory amount of time reviewing photographers work and has a reasonable expectation that the photographer will perform the services in a similar manner and style unless otherwise specified in this agreement.

12. Post Production. The photographer retains the right of discretion in selecting the photographic materials released to the Client. The client shall receive a gallery of 40+ digital photographs for a 30 minute session and 80+ digital photographs for a 60 minute session. Client will NOT receive the raws/originals. Requests for specific editing will incur an additional fee at the discretion of the photographer. This includes liquifying, removing items in the background, skin enhancements, blemish/scab/scrape/bruise removal, etc. The client is not permitted to apply filters, edits, crop or alter the files in any way.

13. Consistency. Vendor will use reasonable efforts to ensure Client’s desired services are produced in a style and manner consistent with Vendor’s current portfolio. Vendor will try to incorporate any reasonable suggestion made by the client, however…client understands and agrees that:

1. Every client and session is different, with different locations, lighting, and color choices.
2. Vendor will use artistic judgment when providing services for client, which may not include strict adherence to clients suggestions.
3. Although vendor will use reasonable efforts to incorporate client’s suggestions and desires when providing client with services, vendor shall have the final say regarding aesthetic judgment and artistic quality of the services.
4. Photography services are often a subjective art and the photographer has a unique vision, with an ever-evolving style and technique.
5. Dissatisfaction with photographers aesthetic judgment or artistic ability are not valid reasons for termination of this agreement or request of any monies returned.

15. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

16. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

17. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default here-under 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 MO.

18. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

I, the client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.