Terms and Conditions - Abigayle Ray Photography


  • Terms and Conditions


COPYRIGHT/WATERMARK

Copyright for all images is the sole property of Abigayle Ray Photography and protected by the Federal Copyright Law (Title 17 of the U.S. Code).  It is ILLEGAL to copy, scan, print or reproduce these images in any way without written permission from the photographer.  This includes scanning or downloading images for the purposes of emailing or printing them at home.  Cropping a "screen shot" of images which is then used in cards, announcements, collages, or any other use are a direct violation of your agreement.  Doing so may result in fines up to $150,000.  Only those clients who purchase their digital files may use images to create their own cards, announcements, etc.

PLEASE NOTE:  ANY violation of Copyright will result in IMMEDIATE PURGING of all your files and you will be removed as a client of Abigayle Ray Photography.  If you are a First Year or multiple session Client, any remaining sessions will be forfeited without compensation.

We ask that you please not upload any image that does not bear our watermark, and to always give credit to your photographer.  For your protection and ours, all images posted on the internet must carry our watermark.  If you are in need of a different crop of an image which would result in cropping of the watermark, please notify us and we will send you a new file.  It is a violation of copyright to screen shot or scan your images and upload them to social media sites.  Please also inform family members of these rules.  These rules are NOT negotiable and will be enforced.  If you are found to be in violation of this agreement, you will be sent a written notification and the appropriate actions will be taken.


REFUND POLICY

Due to the nature of digital photography Abigayle Ray Photography has a strict NO REFUNDS POLICY.  If a Client is dissatisfied with the work they receive, the Client must notify the Studio so that a re-shoot of the session (at no additional charge) can be scheduled at the Clients convenience and also the Studios schedule as we normally book weeks and months in advance.  Refunds will NOT be given due cancellation of the Session, not liking a photo(s) (Specific Image), not getting a specific pose you wanted, selecting an incorrect location or background, or for any other reason whatsoever.


CANCELLATION POLICY

Client acknowledges that in the event that there is a Cancellation of the session, the Studio will be harmed, and that Client will notify the Studio of a Cancellation as soon as possible in order to minimize the Studio's damages. If there is a Cancellation, the Studio and Client agree that the Client shall be responsible for the payment to the Studio within 10 days of any Cancellation as liquidated damages and not as a penalty, the full sum of the package that was requested and retained. This represents a compromise portion of the actual damages sustained by the Studio due to a Cancellation. This sum shall be in addition to the nonrefundable deposits.

LIMITS OF LIABILITY

If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God, acts of Nature (including but not limited to weather), acts of terror, or other cause beyond the control of all parties or due to Photographer's illness, injury or death, then Studio will either reschedule the session at a date and time that is convenient to both parties and/or return retainer fees to the Client(s), this will be the only exception to the refund policy listed above.  Also if retainer is to be refunded all parties agree that the Studio will have 90 business days from the date both parties agree to the retainer refund in which to refund the retainer to the Client.  This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer.


CLIENT COOPERATION

The Studio cannot perform the Assignment without the cooperation of the Client(s).  If Client fails to communicate with the Studio (ie: changing Session dates, times, locations etc), fails to show for Session, arrives late to session without contact, then the Studio will deem said actions as a cancellation.  If the Studio contacts the Client for any reason it is expected that the client will communicate back as soon as possible (not waiting days or weeks to do so) and it is understood that it is not the Studio's responsibility to “chase down” a Client.  If after 2 weeks of attempting to contact a Client and there is no response, then the Studio will deem said actions as a cancellation.


ARTISTIC IMAGE SELECTION

Abigayle Ray Photography will capture many images during the session. After the session, the photographer exclusively puts each image through a careful selection process. You will see only the images in an online gallery that meet the high standards of the photographer. Images captured of eyes closed, people talking, unflattering poses and duplicate images are removed permanently after Abigayle Ray Photography completes this selection process. The selection process is done at the sole discretion of the photographer and part of the custom portrait process.

A few images will be presented in black and white. These are produced at the photographer’s discretion. If you would like additional images presented in black and white, there is an additional fee.



WHAT ARE YOUR RATES AND ARE YOU AVAILABLE FOR THE DATE THAT WE WANT?

Please see the Pricing or Book Now section on the website for current up to date pricing. Please be advised that our prices are subject to change at anytime (once you have booked your date your price is locked in at the rate published at that time).

HOW DO WE RESERVE THE DATE?

· For Weddings (except Engagement Sessions), Maternity and Newborn Sessions: Your date is reserved once we receive your signed contract and a retainer for 30% of the contract total.

· For all other Sessions including Portraits, Senior and Student Portraits, Boudoir and Engagement Sessions: Your date is reserved once we receive your signed contract and full payment of the contract total unless otherwise stated.

· Please be advised: Dates are booked on a first come, first served basis. Dates are not held pending a scheduled meeting, after a meeting, or a phone call/email stating you want a specific date. Your date is booked/reserved only after your retainer (or full session such as portraits has been paid for in full), until then, other clients may book the date that you wish to have if they submit their contract and retainer/payment in the meantime.

HOW DO WE MAKE OUR PAYMENT?

The retainer or session fees may be paid by cash, personal or business check,  USPS money order (only), and credit/debit card (Visa, MasterCard, Discover and American Express) only.

RETURNED/INSUFFICIENT FUNDS/NSF CHECKS:

We will accept checks (personal or business), BUT payment must be made at least 14 days prior to your session in order to give the check time to clear our bank.

If for some reason your check is returned we will have to charge the following fees as allowed by the State of Florida per Florida Statutes 68.065(3)(a).

· Amount of Check $50.00 or Less........................... Fee = $25.00 per Check plus bank fees.

· Amount of Check $50.01 - $300.00....................... Fee = $30.00 per Check plus bank fees.

· Amount of Check $300.01 or More........................ Fee = $40.00 per Check plus bank fees.

Or an amount equal to 5% on the face Value of the Check, whichever is greater.

These fees will be in addition to a $35.00 returned check fee that is charged from our bank. If the check is returned you will have to pay by cash or US Postal Service Money order only.

IS THERE A CHARGE FOR GOING OVER THE SESSION TIME?

Yes, all sessions have a time limit on them, please see the Pricing Section of our website for details on all of our sessions we offer including the amount of time per session.

· For all Portrait Sessions including Engagement Sessions: We charge a flat rate of $65.00 per hour over the allotted time of Session.

· For all Wedding Sessions except Engagement Sessions: We charge a flat rate of $150.00 per hour over the allotted time of Session.

CLIENT REFERRAL FREE SESSION:

A Client Referral Free Session will consist of up to a one hour session with approximately 35 high resolution, fully edited photographs available on Digital Download only.   A DVD of the session is available for an additional $35 charge to cover processing cost and mailing. Editing/turn around time for a Client Referral Free Session will be the same as any other Portrait Session (please see below for time tables).

STUDIO'S STANDARD PRICE LIST:

The charges and prices are based on Abigayle Ray Photography's Current Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. If you reserve and pay for a Session and then we change the Pricing, what's included in the Package, or Both, you will receive the Session you paid for originally and NOT the new Package or Pricing.


DELIVERY OF FINISHED PRODUCT:

All finished products will be placed on our website in a password protected gallery. Once your Session is uploaded you will be notified that it is ready for viewing and ordering of prints or digital downloading of the Session.  A USB Flash Drive (Weddings only) will be mailed once completed.  If Client is ordering prints or digital downloads of the Session, then the link and password to their gallery will be provided to the Client when the Session is finished being edited and uploaded to our website.  USB Flash Drive Clients will receive their finished session either by in person delivery/meeting with Client at a mutual location or via US Postal Service Mail (Priority Mail with a tracking number).  Any other shipping method that the Client prefers needs to be discussed with the Studio prior to the session and approved. 

ALL SESSIONS EXCEPT WEDDINGS:

All Portrait Clients will receive their session no later than thirty (30) business days after completion of assignment unless otherwise agreed to in writing by both Client and Studio. As session is being edited we may choose to post preview photographs on either social media such as facebook, our website, or our photo hosting site. Unless specified in this contract there is no set time table to provide these previews and will be done as the Studio has time to do so.

WEDDING SESSION CLIENTS:

All Wedding Session Clients will receive their finished session no later than sixty (60) business days after completion of assignment unless otherwise agreed to in writing by both Client and Studio. As session is being edited we may choose to post preview photographs on either social media such as facebook, our website, or our photo hosting site. Unless specified in this contract there is no set time table to provide these previews and will be done as the Studio has time to do so.

WEBSITE/INTERNET HOSTING OF CLIENT SESSIONS:

Client's Sessions will be placed on our website (http://www.abigaylerayphotography.com) under the year of the session (IE: 2013 client session's) and then scroll down from there to find your session (IE: John Doe Family Portrait Session 1-1-13). On our website there will be a select few photographs from your session displayed (public view).

ONLINE GALLERY PASSWORD:

The Gallery on the photo hosting website will be password protected and the Client will be given the password and the Client will also have the opportunity to change the password (you must notify the Studio if you want the password changed as we have to do that on our end).

LENGTH OF TIME TO DISPLAY SESSION ON WEBSITE/INTERNET:

All Client's will have their Session displayed on our website for a duration of Thirty (30) days from the date Client was notified that the Session has been uploaded to our website, after that time the Studio can choose to remove the Session from any website at anytime without notice to the Client.  If you would like the Gallery up longer than the 30 days, it can be extended for an additional 30 days at a cost of $25.00 per 30 day period.

REMOVAL OF CLIENT PASSWORD: 

After Thirty (30) days the studio can remove any password from any session (with the exception of Boudoir Sessions which will always remain password protected due to the nature of the session and Client privacy) so that the Session would become public. This is so that the Studio can show its work to other prospective Clients (use as a Portfolio). If Client does not agree to having their Session made public then they must contact the Studio by any means possible to notify the Studio of their wishes. It will then be up to the Studio if we continue the password protection. If the Studio does not wish to keep the password after notification the Client will be advised that the Studio will remove the Session in its entirety from the website/internet.

LICENSE AGREEMENT OF DIGITAL DOWNLOADING:

Here's the license you agree to when you buy a digital download from our site:

Abigayle Ray Photography grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising. The Media may not be resold, relicensed, or sub-licensed. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with Abigayle Ray Photography. There are no warranties, express or implied. The Media are provided 'as is.' Neither Abigayle Ray Photography nor SmugMug (our web host) 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.

If you have further questions about purchasing digital downloads of your photos please contact us.



FREE ENGAGEMENT SESSION WITH PURCHASE OF WEDDING PACKAGE:

All Clients that purchase a Wedding Package from Abigayle Ray Photography, with the exception of "The Simplicity" Package, will also receive a free Engagement Session. The Engagement Session will be up to one hour in length, allows unlimited outfit changes during the session, and will include approximately 30 High Resolution, Fully Edited Images.  Your Session will be placed on our website in a password protected gallery where you can either order prints or digital downloads. 

In order to receive your Free Engagement Session, your Wedding Package that you have chosen needs to be at least 50% paid for prior to receiving your Free Engagement Session.
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