TERMS AND AGREEMENT
The terms, agreement and prices are legally binding between Eden Bao Photography (“photographer”, “studio” ) and the client.
Due to the custom nature of this session and service, there are no refunds, re-shoots, reschedules for ANY reason. You will forfeit your session without a refund if you are late or arrive unprepared.
LOST PHOTO OPPORTUNITIES
The photographer is not responsible for lost photo opportunities due to the client’s tardiness. There is no time for last minute primping, makeup, face washing, or outfit change. Please make sure that you and your party arrive ready to be photograph.
Images are edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer will remove any duplicate images or any images that do not meet the photographer’s quality of work. It is at the photographer’s sole discretion as to which images will be presented and which images will be deemed unsuitable for presentation and deleted during the culling process. The photographer reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards.
Basic retouching (e.g. color correction, skin toning, spotting, blemishes) is included. Any additional retouching requested by the client will be billed at $75 per image.
Your images will be ready for your viewing in a password-protected web gallery within two weeks after your session date. The web gallery will be online for one month so you can preview your images, make minor retouching requests and order additional products. Once the web gallery expires, there is a $25 fee to re-activate the web gallery.
You are solely responsible for maintaining the confidentiality of the password associated with your online gallery and for restricting access to your password and physical access to your computer while logged into your gallery. You understand and acknowledge that your images in your gallery are accessible to the public and could be accessed, downloaded, screen captured, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.
Eden Bao Photography uses reasonable measures to protect your gallery. We cannot guarantee absolute security of your gallery, your images and that our security measures will prevent third party “hackers” from illegally accessing your gallery. Eden Bao Photography is not responsible or liable for any third party access. You agree to immediately notify Eden Bao Photography of any unauthorized use of your gallery or passwords or any breach of security, and you accept all risks of unauthorized access.
Additional images, print products ordered with Eden Bao Photography outside of this agreement are subject to price increase. ALL SALES ARE FINAL. Prices are subject to applicable sales taxes.
RECEIPT OF IMAGES
Eden Bao Photography sells high resolution digital image files with reprint permission. These are high resolution digital image files that are fully retouched in JPG format. RAW and/or unedited files will not be released under any circumstances.
Eden Bao Photography will store and back up your images electronically for one year in case re-orders or additional purchases are requested. After the one year, they will be deleted to release storage space.
FORCE MAJEURE & WAIVER OF LIABILITY
If Eden Bao Photography cannot perform this agreement due to fire, casualty, strike or civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, inclement weather, terrorism or other causes beyond the control of the parties, or due to the photographer’s or Santa’s illness, then Eden Bao Photography shall refund any monies paid by the client and shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera malfunction or otherwise damaged without fault on the part of the photographer. The amount of liability cannot exceed the amount of this contract.
The client releases Eden Bao Photography from all liabilities, claims, damages and monetary compensation that may result from any accidents or unforeseen incidents that may happen during the session. Including, but not limited to, the use of photography props, personal injury sustained as a result of the portrait session. Eden Bao Photography assumes no liability in the events described above, except in the event the accident or incident is proven a direct result of the photographer’s intentional negligence and willful, purposeful, and careless conduct.
The client agrees to retain custody and control of any accompanying children at all times during the session. There is equipment as well as props (which can resemble toys) in the studio. Children should be kept in control and supervised at all times to avoid injury or damage to the equipment.
The client agrees that if any negligence on their part, the part of any above named models, or the part of any individuals who accompany them to the photo session caused any equipment, props or any of the photographer’s property to malfunction or become damaged, the client will be liable for the cost to repair or replace the said item(s).
I hereby grant Eden Bao Photography the irrevocable and unrestricted right to use and publish photographs and/or videos of myself, my family, and/or child/ren, or photographs in which myself, my family, and/or child/ren will be included for editorial, trade, advertising, and any other purpose and in any other manner of good taste. I hereby release Eden Bao Photography from all claims and liability relating to said photographs/videos.
Eden Bao Photography owns the copyright of all photos and videos taken during the session and will provide a print release to the client for their own personal reproduction.
It is against the law to copy, scan, download, print, email, or reproduce the images and videos from your session in any way without written permission. The client will not sell or give their images or videos to third parties for reproduction/publication in any medium under any circumstances without the express and written consent of Eden Bao Photography. Unauthorized use of images or original artwork is an infringement of copyright laws and is punishable by law. Eden Bao Photography will enforce copyright laws to their full extent if misuse of images occurs.
By clicking I AGREE at the checkout form and submitting the retainer fee, I am confirming that I read, understand and agree to the TERMS AND CONDITIONS OF THE AGREEMENT.