Free Family Portrait Session T&C

Free Family Portrait Session T&C 2017-09-11T08:56:00+00:00

Included in this session:

  • Telephone, online, or in-studio consultation to discuss our mutual goals for the session.
  • Studio family portrait session (up to 90 minutes long), valued at $395.
  • In-person portrait reveal and selection session at the studio. Schedule permitting, this can even be done an hour or two after your portrait session!
  • A 2-image 8×8 or 8×10 image folio (see photos to the right) along with their matching digital images, valued at $395.
  • Any additional products you may want can be purchased at 30% off our regular prices.

*Add On Services, Orders, or Upgrades: Anything not listed in the session description is not included. If CLIENT wishes to add any services, orders, or upgrades after CLIENT signs this contract, the modification must be in writing and signed by all parties, and CLIENT will be assessed additional fees and sales tax for the requested additional services, orders or upgrades.

GENERAL DEFINITIONS: Unless the context otherwise requires, words or phrases defined in this section, or in additional definitions contained in this contract, have the meanings stated.
“Session” Means a time where the photographer will take posed or candid photographs of one or more subjects, either on location or in-studio.
“Digital Image” Means a representation of a two-dimensional image in JPEG format resized to 3000 pixels on the long edge.
“Online Gallery” Means a collection of digital images, viewable on a website for a default of 90 days, used deliver digital images.
“Photo Reveal and Selection Session” Refers to a scheduled time for the CLIENT to view their photographs for the first time with the Photographer and select the images for their free Folio or place any orders for additional physical products.
“Image Folio” Means a physical book-like folio in sizes 8×8 or 8×10 that contain two images facing each on the inside with their matching photos on the outside.

TERMS AND CONDITIONS

PHOTOGRAPHY: CLIENT is guaranteed the services outlined above. THE STUDIO may, at their discretion, provide additional services at no extra charge.

DIGITAL IMAGE PRODUCTION TIMELINES; DOWNLOADING IMAGES FROM ONLINE GALLERY: If digital images are included as part of this contract, The Studio shall post the Digital Images to CLIENT’S online gallery within 5 business days of the Photo Reveal date, where they will remain available for 90 days. CLIENT shall download the images or zip file of digital images from the online gallery. CLIENT acknowledges that he/she understands how to download the images from the web onto his/her computer, including unzipping the zip file, and how to backup images to prevent image loss. The Studio is not responsible for user error in downloading and saving final images.

IMAGE EDITING: THE STUDIO retains the right to edit the photographs as they see fit. CLIENT has the right to request one additional basic edit per image (exposure, contrast, etc.) within 30 days of delivery. Additional or complex edits will be billed at a rate of $100 per hour and will require a signed-off estimate to begin.

ARCHIVAL OF IMAGES: THE STUDIO reserves the right to delete all original images upon delivery of the final products to CLIENT. Once THE STUDIO delivers the products, CLIENT accepts all responsibility for archiving and protecting their images. THE STUDIO does not permanently archive any image files.

SESSION RESCHEDULING: In the event that CLIENT needs to reschedule the session, THE STUDIO will allow for one session reschedule without penalty, provided that CLIENT notifies THE STUDIO via e-mail at least 72 hours prior to the session and THE STUDIO is available on the requested date + time. In the event that CLIENT fails to notify THE STUDIO within that time, CLIENT shall be invoiced a $75 rescheduling fee, which must be paid to guarantee the new date and time.

LOGISTICS: CLIENT understands that each session/event will have a start and end time. Additional time, if needed, will be subject to THE STUDIO’s schedule.

LATE ARRIVAL: CLIENT acknowledges that he/she must arrive on time to her scheduled session start time. If CLIENT is late to the scheduled start time, or unprepared for the session, time will not be extended or rescheduled. Refunds are not available for sessions cut short or entirely missed due to CLIENT’S late arrival.

FORCE MAJEURE: If the period of THE STUDIO’s service is cut short or canceled by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, THE STUDIO shall retain all deposits collected and expenses due.

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. THE STUDIO recommends that CLIENT designates an “art director” to assist in communicating and confirming the “look and feel” of the deliverables on CLIENT’S behalf. THE STUDIO is not responsible if CLIENT and/or key individuals fail to cooperate during the event, or for missed images due to details not revealed to THE STUDIO. If THE STUDIO is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the session, THE STUDIO reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the session. In such event, THE STUDIO shall not be obligated to refund any fees paid by CLIENT because of such action.

ARTISTIC STYLE: On CLIENT’S own behalf, and on behalf of the subject(s): CLIENT acknowledges that THE STUDIO requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENT are familiar with THE STUDIO’S work and is requesting services with knowledge of THE STUDIO’S style; that THE STUDIO’S work is constantly evolving; that THE STUDIO’S services are of unique and artistic nature; that the images created may be different from images taken by THE STUDIO in the past; and that in creating the images, THE STUDIO shall use personal artistic judgment to create images consistent with THE STUDIO’S personal vision of the session, which may be different from CLIENT and /or the Subject’s vision of the session.

LIMIT OF LIABILITY: Utmost care will be taken with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond THE STUDIO’s control, THE STUDIO’s liability is limited to the refund of all payments received. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that the photographer is injured, becomes ill, or for any other reason cannot photograph the session, THE STUDIO will make every effort to reschedule at a mutually convenient time. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the session purchased.

IRREVOCABLE PHOTO RELEASE: CLIENT must execute the photo release in order to book a session or event with THE STUDIO. Under normal circumstances, photographer’s usage of images is limited to blog posts, social media posts, features on Photographer’s website galleries, or submission to image competitions. The Studio will make a good faith effort to get additional permission from Client if their images are to be used commercially.

AGREEMENT between Adam S. Lowe Photography (“THE STUDIO”), located at 12276 Wilkins Ave, Rockville, MD 20852 and CLIENT
TERMS: For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to THE STUDIO, its heirs, successors and assigns, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. I warrant I will make no claim against THE STUDIO or his assigns for compensation relating to the use of my images. I agree that this contract will be binding not only upon me, but upon my heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the State of Maryland, USA.
RELEASE: By signing below, I hereby release, acquit, indemnify, hold harmless and discharge THE STUDIO, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify THE STUDIO or its assigns for attorney fees and expenses.

I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

LIMITED REPRODUCTION AND PRINT RELEASE:
Once payment has been received, THE STUDIO grants CLIENT a non-exclusive, non-transferable, perpetual license to download and copy any purchased copyrighted digital images (“Media”), according to the following terms:
COPYRIGHT AND OWNERSHIP: THE STUDIO retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
WARRANTIES; AS-IS: There are no warranties associated with the copyrighted digital images in this gallery, express or implied. The Media are provided “as is.”
LOSS: THE STUDIO is not responsible for the loss of your digital images once they have been delivered. It is your responsibility to back up your images upon receipt.
THIRD PARTY CLAIMS: Neither THE STUDIO nor our outside vendors will be liable for any third party claims or incidental, consequential, or other damages arising out of this license or buyer’s use of the Media.
COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN: THE STUDIO grants to Client rights to use and reproduce the images for an unlimited period of time in any medium or format for personal or commercial use. This right may be exercised by subcontractors of Client for preparation of the Client’s work, provided that such subcontractors agree to abide by the terms of this agreement. Images cannot be resold or redistributed by Client without explicit written permission from THE STUDIO.
WEB USE: THE STUDIO permits clients to post the copyrighted digital images for use on social media and web sites for personal or commercial use.
PRINT USE: THE STUDIO permits clients to print the copyrighted digital images in the following ways: prints up to 8”x10” for personal or commercial use.
ALTERATION OF DIGITAL IMAGES: The alteration of the digital images, with the exception of resizing and cropping, through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited and is considered a copyright violation under Federal Copyright Law.
OTHER TERMS: Any other utilization or reproduction is specifically prohibited without the express written consent of THE STUDIO. Nothing contained herein shall be deemed a release of THE STUDIO’s copyright on any of the digital images.
WHAT YOU MAY DO: Display on websites, social media, and computers.- Make image prints up to 8″x10″.
WHAT YOU MAY NOT DO: Resell, re-license, sub-license, or redistribute without express written permission from THE STUDIO. Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner. Incorporate the Media into trademarks, logos, or service marks without express written permission from THE STUDIO.

MISCELLANEOUS TERMS:
Failure by THE STUDIO to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement.
The agreement shall be governed by and construed in accordance with the laws of the State of Maryland. Any such suit shall be filed in Montgomery County, Maryland.
Client agrees that damages arising from the substance of this agreement at no time exceed the amount of the payments received and recovery for damages will be limited to the amount of payments received.
Client hereby expressly consents to the jurisdiction of the Federal District Courts under the Copyright Act of 1976, as amended.
If payment is not received by the due date any images in use will be deemed to be in violation of US copyright law, Title 17 of the United States Code.
No party may assign this contract without all other parties’ written permission.
If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect.
If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.

ENTIRE AGREEMENT: This agreement contains the entire understanding between THE STUDIO and CLIENT. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. It is understood THE STUDIO is the exclusive official photographer retained to perform the photographic services requested on this contract.

BY AGREEING TO THIS CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NON-REFUNDABLE NATURE OF ALL FEES AND PAYMENTS MADE.