We are pleased that you have selected MAC Portrait for your photography needs. MAC Portrait is honored to photograph you and your family in our unique artistic style. This following sets forth the terms and conditions of our engagement.
The creative fee includes pre-consult, 1 hour of photography (unless otherwise discussed) and the viewing/ordering session. It does NOT include any prints or products. This agreement between MAC Portrait and CLIENT shall not become effective until the initial amount of the creative has been paid. At the time of paid invoice, MAC Portrait shall reserve the date and time agreed upon and not makes any other reservations or accept any other clients for said date and time. For this reason, in the event that CLIENT cancels the contract for any reason, all monies paid shall be retained by MAC Portrait in order to offset its loss of business.
ABSOLUTELY NO PHOTOGRAPHIC, VIDEO, FILM, DIGITAL, TAPE,
CASSETTE, OR RECORDING DEVICES OF ANY KIND ARE PERMITTED DURING A SESSION. Sessions will begin and end promptly as scheduled.
While MAC Portrait strives to provide its clients with the utmost in photography services, Melissa is, first and foremost, an art photographer with an established style and reputation. While Melissa regularly works with its clients to deliver photographs which will meet their individualized needs, Melissa reserves the right to exercise full artistic control over the nature, number and types of pictures taken in the scope of the clients needs.
Basic Edit and Retouch Policy:
Melissa Challis chooses which images to edit prior to the proofing session. Basic edits include color adjustments, sharpening, overall smoothing, etc. Any additional edits requested will be billed at $50/hr. This includes body slimming, merging two pictures together, adding in backgrounds, etc.
Every image is NOT edited in color and black/white. It is up to Melissa to decide what looks best when editing and show that to the client. Requests can be made for additional pictures in black/white. The first 5 conversions are complimentary. Additional conversions will be charged at the hourly rate of $50/hour.
The amount of proofs shown varies from session to session. Melissa has the final decision in how many to show the client. Full sessions average 15-30 edited images depending on how the session went (if kids cooperated, client was on time, etc.)
Viewing and Ordering session:
Print orders will be taken at a viewing session. This viewing session will last approximately 1 hour.
Additional family members are welcome to attend the proofing session to assist in the ordering and to order for their selves. To avoid confusion, please group all family orders (grandparents, aunts, uncles, etc) into the order under the client’s name. At delivery the client is responsible for dispensing orders. It is recommended that you prepare lists of the types and quantities of prints that you expect to order prior to the session given the time limit. While you are free to add items to your order, any removal of items in this order, once you have left the studio, will incur a $50.00 fee which will be billed at the time your portraits arrive. Canvas print orders are final once placed. After date of your proofing session, all ordered images will be archived for three months and any non-ordered images will be purged.
All print orders must be placed at the time of your proofing session. If additional viewing session is needed, a $150 charge will be assessed for the new viewing session. ALL PRINTS MUST BE PAID IN FULL BY THE END OF THE VIEWING SESSION. BECAUSE OF THE UNIQUE NATURE OF THE PRODUCTS, ALL SUCH PAYMENTS ARE FINAL AND ARE NOT REFUNDABLE.
MAC Portrait owns and retains the exclusive copyright to all the images taken during the session. It is illegal for anyone other than MAC Portrait to copy, scan, download, print, reproduce, obtain or retain the digital files in any way without first obtaining the Photographer’s written permission. Violators of this law will be subject to civil and criminal penalties. The Photographer will retain the exclusive copyright and control of the session images at all times. MAC Portrait shall have the right to use all negatives, proofs, photos, prints and all images and likenesses thereon in connection with its display and marketing efforts and you grant to MAC Portrait a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.
MAC Portrait puts her heart and soul into creating beautiful images for you. Please respect the copyright agreement. It is never fun to have to ask a client to remove an image they have scanned in or saved off the blog. Web resolution images for social networking sites are included with certain packages, but please be respectful of the federal copyright ownership laws. You can find a copy of these laws and legal procedures online at www.copyright.gov.
I grant to MAC Portrait or the licensees or assigners the permission to use the above-mentioned photographs either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product advertising and such other fashion /business purpose in any manner and medium.
I undertake not to prosecute or to institute proceedings, claims or demands against either the Photographer or his or her agents in respect of any usage of the above mentioned photographs. I hereby release the photographer named above from all claims and liability relating to images, video or photographs taken of me or children in my guardianship.
MAC Portrait’s liability for its provision of products and services here-under shall be limited to the amounts paid to MAC Portrait here-under. MAC Portrait is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government or any other occurrence, act or event which is outside of MAC Portrait’s exclusive control. In addition, MAC Portrait shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium which results in any damage to any proofs, negatives, prints or photos or which result in the inability to print or duplicate any of the foregoing. In the event of a camera or computer malfunction MAC Portrait’s liability will be limited to a retake of the session whenever possible or a refund of the session fee if images cannot be retaken. If the session fee must be refunded, MAC Portrait will have no further obligation to the client. You agree to be responsible for any damage occurring to any of MAC Portrait’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from MAC Portrait’s negligence.
Product orders may take up to 4 weeks for delivery, depending on what type of product was ordered. Delivery may be delayed if weather is a factor (Example: order shipped from Lab to me is on a UPS plane from Washington DC and is stuck at O’Hare airport because of a blizzard.) Every effort will be made to communicate any delivery changes or anticipated interruptions. Orders may be shipped, picked up or hand delivered at the discretion of MAC Portrait.