Photography Services Terms and Conditions
This section outlines the terms and conditions for photography services provided by Vive Studio, LLC. By booking a session or event and paying the booking retainer fee, you, the Client, agree to abide by these terms. Additionally, any collaborative work with another vendor is still bound by these terms and conditions.
This Agreement is established between Vive Studio, LLC ("Photographer") and [You] ("Client"), inclusive of Client's principals, employees, affiliates, and representatives. The Client asserts the legal authority to enter into this Agreement on behalf of its employer, company, or organization. The relationship between Photographer and Client is that of an independent contractor.
Definition:
Image(s): Refers to photographic material, including still or moving images, created by Photographer as part of this Agreement. This encompasses transparencies, negatives, prints, or digital files in any medium.
Photography Exclusivity:
During the photography session (wedding or portrait), no other photographer, whether amateur or professional, is permitted to photograph at the venue while the Photographer is actively working. Any violation of this agreement warrants non-completion of the job with no liability to the Photographer and results in the forfeiture of initial payments/fees by the client.
Cell Phone Usage:
Clients and guests are expected to refrain from taking cell phone images during the session unless explicitly agreed upon by the photographer.
BOOKING DEPOSIT AND PAYMENT
A $50 Retainer Fee is required to secure the portrait session date.
A $300 Retainer Fee is required to secure a wedding day date.
The Retainer Fee will be applied toward a package/photo order only; not the Session Fee.
The Retainer Fee is non-refundable upon cancellation.
FEE FOR PHOTOGRAPHIC SERVICES
Portrait Fee for Photographic Services
For Portrait Photographic Services, Session Fee must be paid prior to or on the session date.
Session Fee is structured as follows:
Mini- Session Fee: 15 minutes: $35
Session Fee- 30 minutes: $50
Session Fee- One Hour: $80
Each additional 20 minutes thereafter: $25
Please note that the Session Fee is separate from any package and is billed incrementally after the initial hour.
PRICES FOR PHOTOGRAPHY PRODUCTS
Prices for Photography Products
Lightly edited images will be accessible for viewing approximately two (2) weeks after the portrait session and/or around four to six (4-6) weeks following the wedding day event. Seven (7) day turnaround times are available for portrait sessions only for an additional fee.
Printed and/or digital images can be purchased through the online store and will be printed by a professional photo lab selected by the photographer.
Packages (do not include Session Fee):
Package I: $100 1- edited high resolution + 1-8x10 print + 2-5x7 prints + access to online gallery + print release
Package II: $175 All edited high resolution images
Package III: $250 All edited high resolution images + 1- 11x14 mounted print + 1-8x10 print + 2- 5x7 print
Mini Packages- $200 15-min Session Fee + 8 -edited high resolution images + access to online gallery + print release
WEDDING DAY PHOTOGRAPHIC SERVICES
Wedding Day Photographic Services
The photographer(s) will take a single 20-minute break at their discretion, along with necessary bathroom breaks. Each photographer and assistant will receive full guest meals for any photography session lasting over 5 hours. In the absence of a provided meal, the photographer(s) reserves the right to take a 45-minute off-site break for a meal.
Additionally, the Photographer reserves the right to exhibit self-promotion materials, including business cards, brochures, and sample photo albums, at the wedding venue during the event. The display will be tastefully arranged in a mutually agreed-upon area, harmonizing with the overall aesthetic of the venue. The Client acknowledges and consents to the Photographer's right to utilize this opportunity for promotional purposes. The display will not disrupt the event proceedings and will be promptly removed at the conclusion of the photography coverage.
WEDDING DAY LIABILITY
Wedding Day Liability
The Photographer is not accountable for obstructed photos or photo interference caused by family/guests taking pictures, including separate flashes or any other guest behavior.
Furthermore, the Photographer is not responsible for obstructed or compromised photos resulting from activities by other vendors and venue staff. If a videographer has also been retained, it is acknowledged that their placement may appear in most photos due to competing views for the same image.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view.
All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.
Photographic Integrity and Alterations
The Client agrees not to make or allow any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, concerning the Image(s), either independently or with any other material, without the prior express permission of the Photographer.
Portrait and wedding sessions include editing, involving adjustments to color, crop, contrast, and exposure at the photographer's discretion. However, retouching is not included in portrait and wedding session packages.
The Client acknowledges that all photographs will be captured and edited based on the photographer's experience and artistic viewpoint. All editing is performed at the discretion of the photographer, who reserves the right to decline any additional edit requests. Some images may be produced solely in color or black and white at the artist's discretion. Should the client(s) wish to request additional editing of images, this will incur a separate fee starting at $50 per image.
It is explicitly understood that the Photographer is not responsible for altering photos to conceal parts of the body not intended to be seen unless confirmed in writing with the photographer. Additionally, unless explicitly included in the contract, the Photographer is not responsible for addressing hair, skin, or makeup issues.
Usage Rights and Ownership
The Client acknowledges that the Photographer is the creator and exclusive owner of all copyrights associated with the Image(s). The Image(s) and all related copyrights shall remain the sole and exclusive property of the Photographer without any limitations.
Licensing of Images
It is clarified that the Images are licensed for specific use(s) and are not sold.
The Client acknowledges and agrees that the payment made is for a license to use the Image(s) as outlined in this Agreement. It is important to note that purchasing the copyright to the Image(s) would incur a significantly higher cost than any licensing fee.
The license term commences upon Photographer's receipt of full payment of the invoice and the delivery of images.
Unless expressly agreed upon otherwise, all granted rights are non-exclusive, non-sub-licensable, and non-transferable. The use of any Image(s) in a logo, corporate identity, trademark, or other service mark is prohibited.
The use of any Image(s) by the Client will not establish a work of joint authorship. The copyright metadata within any digital file may not be altered or removed without the explicit consent of the Photographer.
Unless otherwise specified, the Photographer retains the right to use the Image(s) for self-promotion.
General Liability and Releases
While the Photographer will exercise reasonable care in producing the Image(s) and fulfilling this agreement, they will not be held liable for any losses, damages, or costs incurred by the Client or any third party resulting from the Client's use of the Image(s).
The Client agrees to indemnify, defend, and hold harmless the Photographer, contractors, and representatives against any claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from the Client's use of the Image(s).
The Photographer is not responsible for securing model, property, trademark, copyright, or any other releases related to the Image(s) unless explicitly stated in this Agreement. It is the Client's responsibility to obtain all necessary permissions for Image use requiring a release or other consents.
If the Photographer provides any releases, it is the Client's responsibility to assess their suitability for their purposes. The Photographer does not provide a warranty or guarantee regarding the legal validity of any release.
All communications with the Photographer or the Studio must be in English and in writing, either through mail or email.
The Client acknowledges their responsibility to notify the Photographer of any changes to the session agreement or wedding contract at least fourteen (14) days before the secured session date, through email at vivephotostudio@gmail.com or by mail to 116 N. Washington Ave, Scranton, PA 18503.
The Photographer is not liable for any claims arising from messages sent via mobile text or social network websites.
In any event, the Photographer's liability for all claims will not exceed the total amount paid under this Agreement.
Payment
Timely receipt of full payment is crucial under this Agreement.
No rights are conferred until the Photographer has received full payment, inclusive of any applicable late-payment charges, if any.
Unless explicitly agreed otherwise, any use of Image(s) before full payment is considered unauthorized. In the event of such unauthorized use, the Client agrees to compensate the Photographer at double the invoice total, reflecting a reasonable and stipulated amount.
In cases where usage rights are granted before full payment, the Photographer reserves the right to revoke such rights if the Client fails to make timely payments.
All invoices are due upon receipt. Any adjustments to amounts or terms must be requested in writing within ten days of receiving the invoice.
The Photographer does not issue separate receipts to the Client; the invoice itself serves as confirmation of work performed and services rendered. Bank transfer fees are the responsibility of the Client.
Credit Line and Copyright Notice
A credit line reading "©Vive Studio_[year]" is mandatory for image placement. A copyright notice is required when posting images on the internet.
In the event that a credit line or copyright notice is necessary but not provided, the Client acknowledges that an amount equal to DOUBLE THE INVOICE TOTAL is fair and reasonable compensation for the Photographer's loss of recognition or the absence of copyright protection due to the lack of, or improper, notice.
This provision extends to all social media platforms, including but not limited to Facebook, Instagram, LinkedIn, Snapchat, TikTok, X (formerly known as Twitter), Reddit, and others, as well as blogs. When published online, citing "©Vive Studio _[year]" is obligatory.
The Client commits not to alter any photographs publicly placed on the internet under any circumstances. Furthermore, the Client assumes responsibility for any family member or friend who posts the photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
Retainer Fee and Cancellation Policy
To reserve your date for portrait sessions, a non-refundable retainer fee of $100 is required. For wedding sessions, the applicable retainer fee is $300. This retainer fee is non-refundable. In the event of a cancellation of your scheduled session, the retainer fee is forfeited and cannot be transferred to another session.
If you proceed with the scheduled session and the photographer arrives at the location, you are responsible for an additional $250, covering the photographer's scheduled time and travel expenses. This amount is due on the day of the session.
Postponement Policy
In the event that the Client decides to postpone the wedding, timely notification to the Photographer is imperative. The Photographer will make reasonable efforts to accommodate the new date, based on availability. If the Photographer is available on the rescheduled date, the retainer fee initially paid to secure the original date will be applied to the new date.
If the Photographer is unavailable on the rescheduled date, the retainer fee remains non-refundable. In cases of postponement due to unforeseen circumstances, such as force majeure or acts of God (e.g., natural disasters, pandemics, government restrictions), both parties will collaborate in good faith to identify an alternative date or discuss potential adjustments to the terms.
Reshoots
If the Client requests a reshoot, they will be responsible for an additional fee equal to one hundred percent (100%) of the original shoot's quoted or invoiced fee, along with covering all expenses related to the reshoot.
In cases where a reshoot is necessitated by factors beyond the Photographer's control, such as weather conditions, force majeure, or acts of God, the Photographer will not impose an extra fee. However, the Client agrees to cover all expenses associated with the reshoot.
Failure to Perform
In the event that the Photographer is unable to provide photographic services due to reasons such as illness, mechanical breakdown, accidents, acts of God, or any other uncontrollable circumstances, the Photographer will make reasonable efforts to secure the services of another professional photographer to fulfill the commitment. If such efforts prove unsuccessful, the Photographer will refund any fees already paid by the Client, and no further liability will be assumed by the Photographer under this Agreement. The Photographer shall not be held responsible or liable for any damages exceeding the total amount specified in this Agreement.
This limitation of liability also extends to situations where any Image is lost or damaged due to equipment malfunction or other reasons beyond the control of the Photographer.
KILL FEE:
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
Archiving Digital Files
While the Photographer may choose to archive the Image(s), it is the Client's responsibility to appropriately store and archive the Image(s) throughout the license term. The Photographer cannot guarantee the availability of any Image(s) beyond the initial delivery date to the Client.
The Client acknowledges that optical, magnetic, electronic, and other media used for storing digital data are inherently unstable. Consequently, the Client releases the Photographer, contractors, and representatives from any liability regarding claims, damages, or costs arising from the supplied media becoming unusable.
All digital files containing Image(s) created by or on behalf of the Client will be deleted or destroyed within ten days after the expiration of the license term, or respectively 2 years after the photography session. The Photographer is not liable for any claims arising after this period. All client files will be deleted, and backups will be purged after this specified duration.
Digital File Quality
The Photographer is dedicated to delivering high-quality services. Unless otherwise specified, the Photographer may provide, and the Client agrees to accept, the Image(s) encoded in an industry-standard data format selected by the Photographer, at a resolution deemed suitable for the intended reproduction technology and use(s) as per the Image(s) license.
The Photographer utilizes cameras and monitors calibrated to industry standards for color accuracy. However, variations in other monitors, software, and computer platforms may cause the Image(s) to display differently. Therefore, neutrals will be set for mathematical neutrality, and color adjustments will be made for pleasing tonalities.
The Client bears the responsibility to verify that the digital data, including the provided color profile, are suitable for the intended reproduction's quality and color accuracy. All necessary steps must be taken to ensure correct reproduction. If the data are considered unsuitable, the Photographer's sole obligation will be to replace or repair the data. Under no circumstances will the Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages resulting directly or indirectly from defects or errors in digital files or their use.
All editing is carried out at the Photographer's discretion. The Photographer reserves the right to decline any additional edit requests. Some images may be produced exclusively in color or black and white at the artist's discretion. Requests for additional editing are subject to a separate fee, starting at $50 per image.
Session Terms
Sessions will take place at a location agreed upon by the photographer. The photographer commits not to trespass or utilize any property/locations unlawfully. Adherence to any rules stipulated for the property or location is mandatory for the photographer. If the Client desires a session on private property, obtaining authorization from the property owner is solely the Client's responsibility. The photographer is not liable for any hazards at the location, and the Client agrees to enter the session at their own risk.
No other photographers/videographers are permitted during the session unless expressly agreed upon in writing by Vive Studio, LLC. Clients or guests are expected to refrain from capturing cell phone images during the session unless specifically agreed upon by the photographer.
Acceptance of Terms
The Client is prohibited from assigning or transferring this Agreement or any granted rights. This Agreement is binding on and beneficial to both the Client and Photographer, as well as their respective principals, employees, representatives, and successors. The Client and its principals and employees share joint and several liability for all payments and other obligations outlined in this Agreement.
No amendment or waiver of any provisions is effective unless documented in writing and signed by both parties. Email and electronic signatures are deemed legally binding. However, the invoice may reflect, and the Client is bound by, oral authorizations for any additional Image(s), fees, and expenses, which could not be confirmed in writing due to the immediacy of completing the photography assignment.
This Agreement is considered a contract governed by the laws of the United States and the State of Pennsylvania. The Client expressly and irrevocably submits to the personal jurisdiction of the courts in the state of Pennsylvania. The Client is responsible for all arbitration and court costs, reasonable legal fees, expenses, and legal interest on any award or judgment in favor of the Photographer.
If any provision of this Agreement is deemed unlawful, void, or unenforceable, it shall be considered separate from the Agreement, not affecting the validity and enforceability of the remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a future session and/or utilizing any Image(s) by the Client signifies acceptance of all the terms and conditions outlined above.
This Agreement constitutes the entire agreement between the Photographer and Client regarding its subject matter, superseding all prior agreements, understandings, and communications, whether oral or written.