Terms for Mini Sessions
This is a contract/Terms of Service for photography services to be provided by ShootAnyAngle Photography ("Photographers") and/or individuals subcontracted to do work for ShootAnyAngle Photography. By booking your mini session, you agree to the following Terms.
BOOKING
To book a photoshoot, full payment (50% of which is a nonrefundable retainer) is required. Photographer will not attend the shoot if full payment has not been completed.
NONTRANSFERABLE
The retainer and contract / Terms of Service are nontransferable. The booking cannot be applied to another person, entity, or event. The booking may not be used for another service.
DATE / TIME
Notification of any changes can be must be made by written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. ShootAnyAngle will then work with the client to find a new date or time for the shoot. If ShootAnyAngle needs to reschedule, they will contact the clients with other date / time options. If clients are late to the shoot, the end time will remain the same, even if that cuts into the photography time.
Photographer cannot shoot in the rain or in unsafe conditions. If inclement weather is forecasted, the shoot may be rescheduled.
CANCELLATION
50% of the payment is the retainer, which is nonrefundable. If the shoot is cancelled by the client, only 50% will be refunded to the client unless the shoot is cancelled when the photographer is already en route to the shoot or is at the shoot location already. In that case, no refund can be given, and a rescheduling fee will be charged for clients who wish to reschedule.
SAFE WORK ENVIRONMENT
The clients agree to behave professionally. If the behavior of the clients is deemed inappropriate by ShootAnyAngle Photography (including but not limited to sexual harassment, harassing them in other ways, badmouthing them, attacking them verbally or otherwise, causing them to lose business), then ShootAnyAngle Photography reserves the right to cancel the shoot without offering any refund. ShootAnyAngle Photography reserves the right to suspend or cancel the remainder of any photography services if they determine that the conditions of an event are unsafe for the photographers or their assigns or puts photographic gear or equipment in any imminent danger or peril. The client then is not entitled to any refund.
The clients understand that exposure to disease-causing organisms (such as COVID-19) and contaminated objects, as well as personal contact with people involve a certain degree of risk that could result in illness, permanent disability, or death. Clients hold ShootAnyAngle Photography harmless from and against all liability, claims, demands, expenses, costs or damages of every kind and character (including reasonable attorneys fees).
In an effort to keep all parties safe and healthy and to stop the spread of contagions, the clients agree to immediately inform ShootAnyAngle Photography if they themselves develop symptoms of a life threatening virus (such as COVID-19) or if they are made aware that any of the people coming to the shoot have symptoms of a life threatening virus. In that instance, the event would be deemed an unsafe working environment, and ShootAnyAngle Photography reserves the right to choose not to attend the shoot in order to keep themselves and their family safe and healthy.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, ShootAnyAngle Photography is not responsible for the lack of coverage due to weather conditions, interactions that never occurred, scheduling complications due to lateness of individuals, etc.
SUBSTITUTION
In the event of illness or sudden event out of the control of the photographers, ShootAnyAngle Photography may attempt to substitute a photographer at no cost to client. This contract will be transferable to said Photographer.
FORCE MAJEURE
If ShootAnyAngle Photography or its assigns, cannot perform this agreement due to a reason that only affects them and not one or more of the following: the clients, the event, the vendors, the local area, or other local parties (reasons include but are not limited to fire, road closures, severe traffic, car accidents or other emergencies, or due to the photographers’ illness or other health or medical situations), then ShootAnyAngle Photography shall return any money paid by the client, less expenses, but shall have no further liability with respect to the agreement. If ShootAnyAngle Photography or its assigns, cannot perform this agreement due to a reason that affects both them and one or more of the following: the clients, the event, the vendors, the local area, or other local parties (reasons include but are not limited to fire, casualty, strike, or other civil disturbances, Acts of God, pandemics, road closures, severe traffic, terrorism or other causes beyond the control of the parties including but not limited to car accidents or other emergencies), then ShootAnyAngle Photography can offer no refund of any money already paid, and shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of ShootAnyAngle Photography.
COPYRIGHT
Title (possession) of and copyright to all products shall remain with ShootAnyAngle Photography. All images are protected under copyright by ShootAnyAngle Photography. The digital images (hereinafter collectively “images”) created by ShootAnyAngle Photography and/or subcontractor(s) remain the property of ShootAnyAngle Photography, namely, co-owners operators, James A. Hannibal and Angela J. Schiavone Hannibal. ShootAnyAngle Photography hereby grants their clients permission to post, make prints of, and distribute images of their shoot (with proper credit and web link to ShootAnyAngle Photography where applicable) for personal use only. Clients may not sell the images, use them for advertising, use them for commercial uses, grant other businesses access to the images, allow others to use the images for commercial purposes, or claim copyright ownership of them. Violators of this federal law will be subject to its civil and criminal penalties. ShootAnyAngle Photography maintains the right to use the photos for promotional purposes including but not limited to posting on Social Media, posting on the ShootAnyAngle website, etc. The photographers's right to use the photographs does not constitute an obligation to make use of this right.
EXCLUSIVE PHOTOGRAPHER
ShootAnyAngle Photography shall be the exclusive photographer retained by the client for the purpose of photographing this shoot. Family and friends of the clients shall not interfere with the photographer’s duties and may be asked to refrain from taking photographs to ensure proper photography coverage. ShootAnyAngle Photography may be the only photographers booked.
EXPENSES
If any gear or other belongings of ShootAnyAngle Photography is damaged (either accidentally or on purpose, either directly or indirectly) by the clients or others they bring to the shoot, then the cost to repair or replace will be billed to the clients.
TOUCH UPS
Diligent efforts will be made if touch ups are needed (to be determined by the photographer) on any image, but ShootAnyAngle Photography does not guarantee that touch ups requested by the clients can be performed. ShootAnyAngle Photography is not obligated nor required to make any change to the image that the client requests. ShootAnyAngle Photography is not obligated nor required to remove any individuals from photos at any time and for any reason (including, but not limited to future break-ups or divorces).
CREATIVE LICENSE
Images and all products are edited and presented at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only images deemed creditable as professional in quality and within the photographer’s artistic standards. RAW images will not be released as they represent only a part of the artistic vision of the final product. ShootAnyAngle Photography is under no obligation to re-edit, re-print, or re-produce any images. This applies to any products/services requested after the signing of this contract. There are no refunds of any kind on services after the cancel-by date. Clients may not dispute financial transfers/payments with PayPal or their bank after the cancel-by date has past, after a service has already been provided, and/or after a product has been delivered. If clients dispute any transfers/payments that fall into the aforementioned categories, ShootAnyAngle Photography may pursue legal action against the clients.
DELIVERY TIME
Images are delivered as JPGs in an online album (or by other agreed upon method) within 14 business days of the event date. Business days do not include weekends and holidays. RAW images will not be released as they represent only a part of the artistic vision of the final photo. Images are downloadable.
If ShootAnyAngle Photography is unable to meet that deadline due to unforeseen circumstances caused by but not limited to, illness, workload, severe weather, or injury, then ShootAnyAngle Photography will deliver any finished photos they can by the deadline and notify the client of the new delivery date.
SUBMISSIONS & PROMOTION
The clients grant the photographers the full irrevocable right to take pictures, portraits, digital images, or photographs of the clients and their guests and to use, publish, print, edit, exhibit, promote and otherwise use the photographs, in whole or in part to promote ShootAnyAngle Photography. The photographers's right to use the photographs does not constitute an obligation to make use of this right. The clients hereby release the photographers from any liability arising from the Photographic Use, including that based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light, or resulting from any altercation, blurring, optical illusion, use in composite form, distortion, or other modification that may occur, intentionally or otherwise, in connection with taking the photographs, processing the photographs, or the Photographic Use.
PHOTO STORAGE
Clients agree to back up their images on another media format other than the delivered method(s) within one year from the shoot date. A thumb drive provided by ShootAnyAngle Photography is not considered to be an adequate backup, and clients would still need to back up their images in another offline form on their personal devices. ShootAnyAngle Photography also recommends making multiple copies of CDs/DVDs/USB/Cloud every year to insure the images for years to come. ShootAnyAngle Photography is not responsible for storing the images past one year from the wedding date, and they cannot guarantee that they can grant clients access to the photos past that date. It is the clients' responsibility to download and properly store the images with backups. ShootAnyAngle Photography is not responsible for the clients' failure to download the images nor is ShootAnyAngle Photography responsible for the failure of CDs/DVDs/USB/Cloud Storage due to mishandling. If clients request access to photos past one year from their shoot date, and ShootAnyAngle still has the photos, they clients will be charged a service fee for uploading the images.
ShootAnyAngle Photography retains the copyright to all images produced by ShootAnyAngle Photographers, James A. Hannibal and Angela J. Schiavone Hannibal (co-owners), and/or Subcontractors.
This contract / Terms of Service is between the clients and photographer and is non-transferrable. It is the full agreement between these parties. If any one part of the contract / Terms of Service is found to be invalid for any reason, it can be severed from the contract / Terms of Service, and the rest of the contract / Terms of Service will remain in force.
Clients understand that ShootAnyAngle Photography may use any images created for professional samples, displays, internet website pages, advertising, exhibitions, contests, social media, and any other promotional purpose.