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.
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.
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.
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?
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.
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.
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: