EFFECTIVE DATE
The effective date of this agreement shall be executed when this agreement has been signed by all parties and the non-refundable session reservation fee as stated herein have been received by Amy Schenk Photography.
JURISDICTION
The person(s) whose signature(s) appear on this contract, known as "Client", agree that Amy Schenk Photography, known as "Photographer", shall provide services to photograph client at their related event to the best of her abilities, in the manner described in this document.
This is a binding contract that incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
Both Federal and The laws of the State of Texas shall govern this contract, and any resulting arbitration shall take place within Tarrant County, Texas. The client assumes responsibility for all collection costs and legal fees incurred by the photographer should enforcement of this contract become necessary.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
THE PHOTOGRAPHER
Amy Schenk Photography, AKA: The Studio. "The Studio's Main Photographer” is Amy Schenk, DBA Amy Schenk Photography under ACTS Creative LLC. “The Client” is any person(s), firm, or company with whom the photographer enters into a verbal or written contract for the sale of photography services and or imagery/photography goods/printed art by the photographer, Amy Schenk.
EXCLUSIVE POINT OF CONTACT FOR ENGAGEMENT & BRIDAL PORTRAITS
All consults, correspondences, directives, services & tangible products will be communicated & delivered to the bride and groom regardless of who the responsible financial party is.
EXCLUSIVE POINT OF CONTACT FOR WEDDINGS
For weddings, all consults, correspondences, directives, services & tangible products will be communicated & delivered to the BRIDE & GROOM before, during, and after the wedding event regardless of who the financially responsible party is. Additional person(s) may be involved at the discretion of either the Bride & Groom only.
ACCEPTANCE OF TERMS AND CONDITIONS
All contracts and transactions between the Studio/Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
RETENTION OF TITLE
The Photographer reserves the right to retain all of the Client’s materials in her post-shoot coverage until all monies owed to the photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made in full.
MODEL RELEASE
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Amy Schenk Photography according to US Copyright Laws. The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, to their legal representatives, heirs, and assigns.
RESERVES
As a client, you acknowledge and agree that the style of photography provided hereunder is artistic, candid, and documentary with a mix of posed portraits. Please note that Amy Schenk Photography reserves the creative right to edit and release as proofs only those images deemed consistent with the Amy Schenk Photography artistic standards. Images deemed inconsistent with Amy Schenk Photography's standards are disposed of during the culling and editing process. All reservation retainers are non-refundable and non-transferable for any other service or product. Amy Schenk Photography reserves the right to make reproductions of images created during assignments for marketing, promotional, competition, and editorial purposes. The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Amy Schenk, dba: Amy Schenk Photography. By submitting your non-refundable reservation retainer, you agree to these terms, and agree to indemnify and hold harmless Amy Schenk; dba Amy Schenk Photography, their agents, and the heirs or assigns.
RESTRICTIONS
Amy Schenk Photography reserves the right to refuse to photograph at requested on-location places that are illegal, dangerous, and/or put’s the photographer and any associates in harm’s way, for her safety and the safety of her clients. Such places but not limited to on live or dead railroad tracks, standing water over 3 feet that is either stagnate or is white-capping, events or gatherings that are prohibited due to a local, state, national or global mandate, and private property whereas permission has not been granted.
EXCLUSIVENESS
Unless agreed upon in advance, Amy Schenk Photography shall be the exclusive photographer retained for both portrait and wedding/events. Amy Schenk Photography may bring assistance or associates at her discretion. Videographers, semiprofessional or amateur photographers, or friends and family, must not obstruct or interfere with the official photography. It is the client's responsibility to prevent any guest, family, or friends from interfering with the photographer's duties. ASP strongly encourages clients to consider having an 'unplugged' ceremony at weddings so that their guest can be fully present during their moment.
CONDUCT & HARASSMENT
Ensuring the appropriate behavior of all persons to be photographed, whether portrait or at an event/wedding, guests and other persons at the event covered by the Photographer shall be the responsibility of the Client. In the event Photographer or her assistant(s) experiences any inappropriate, threatening, unsafe, hostile, or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual or explicit nature) then the photographer and all assistants will end wedding coverage immediately and leave the event. The photographer shall be entitled to retain all monies paid hereunder and the client agrees to relieve and hold the photographer harmless as a result of incomplete wedding or event photography coverage.
COMPLEMENTARY SESSIONS
Complimentary sessions (if applicable) hold no cash value and cannot be exchanged for other services or final art options.
IMAGE PROCESSING & RETOUCHING
Unless agreed upon prior to any editing work, high-resolution USB/discs/online gallery and/or proof sets may contain a mixture of color, black and white, at the photographer's discretion.
Wedding/event image retouching includes ASP's standard editing. IE: adjusting crop, white balance, contrast, and color correction only. In lieu of obtaining all the provided images taken at your wedding/event, retouching images for weddings/events DO NOT include ASP's Luxe editing. IE: skin smoothing, object removal, creative editing, or other additional image enhancements.
Portrait Sessions include ASP's Luxe Editing on the selected number of images as stated by the portrait session type. Luxe Editing includes skin smoothing, object removal, creative editing, or other additional enhancements. In lieu of obtaining only the selected number of digital images by session type with my full Luxe Editing, portrait sessions DO NOT include any unedited/unselected images for download. Clients may purchase additional digital images beyond the session's package for $65 each. Once the fully edited images have been delivered, additional editing to the final image(s) are $20 each.
DIGITAL IMAGE COUNT
Portrait - Due to the artistic nature of photography, Amy Schenk Photography cannot guarantee the exact number of digital proofs that will be derived from your session and revealed to you in your online proofing gallery. However typical portrait sessions yield between 15 to 35 images per hour commissioned and revealed at the discretion of Amy Schenk Photography. Amy Schenk Photography goal is to produce and deliver quality images over quantity.
Wedding/Event - Due to the nature of weddings and other events, Amy Schenk Photography cannot guarantee the exact number of digital images that will be derived and revealed to you from your wedding/event. However typical weddings yield between 15 to 50 images per hour commissioned and at the discretion of Amy Schenk Photography. Amy Schenk Photography's goal is to produce and deliver quality images over quantity.
ARTISTIC COVERAGE & IMAGE DELIVERY
Amy Schenk Photography and its associate photographers specialize in artistic, candid, and photojournalistic portrait and event photography. Due to the artistic and documentary nature of photography, Amy Schenk Photography does not guarantee that any particular person, moment, pose, detail, or specific image will be captured. Amy Schenk Photography also does not guarantee a specific number of images will be taken or delivered. The number of images captured and delivered may vary based on the nature, duration, circumstances, and flow of each session or event.
The Photographer will use professional judgment and reasonable efforts to capture the significant moments and details of the session or event. Final image selection, editing, composition, and artistic presentation remain at the sole professional discretion of Amy Schenk Photography.
DELIVERY OF SERVICES & PRODUCTS
Portrait Sessions– Proofing Galleries are typically presented either in-person or by an online gallery to the client no longer than 21 days after the initial session date. Your final fully edited selected images are completed and made available for download 1-2 weeks after you have provided ASP with your selection. Digital RAW files (negatives) are not included in any package and they are not for sale, please do not ask.
Wedding/Event - Images are typically presented in-person or by an online gallery to the client no longer than 12 weeks after the wedding/event and will be in JPEG format only. Digital RAW files (negatives) are not included in any package and they are not for sale, please do not ask.
The supply of products and services is provided by the Photographer on a best endeavor basis. The Photographer will not be liable for delays that are beyond her reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, lab re-prints, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, pandemics, fire, loss or damage in transit, etc.
LIABILITY
If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, national or global pandemic, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to the client, and photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of the total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by the Client under this agreement during the time preceding the date on which such liability arises.
Due to the artistic nature, limited, and subjective nature of a portrait session or wedding/event, Amy Schenk Photography cannot be held responsible for requested photographs not taken or missed. The photographer is not responsible for lost photo opportunities or lack of coverage. This includes but not limited to any kind of equipment malfunction, the lateness of the client, event guests, weather conditions, location restrictions, Acts of God, national or global pandemics, or schedule complications caused by the client, or anyone in or at the portrait session/wedding/event. The photographer is not responsible for existing backgrounds or lighting conditions that may negatively impact or restrict the photography coverage. Furthermore, the photographer is not responsible for compromised coverage due to causes beyond her control.
COMPLETION OF WORK
Work is complete when the photographer provides the client with agreed services and/or all tangible items purchased or included in any original portrait or wedding package or amended agreement. This includes, but not limited to a CD, DVD, USB, digital images, online web-based gallery, prints, wall art, albums, gifts, or other art and keepsakes.
ADDITIONAL ART PRODUCTS & SERVICES
Additional art products and services provided by the Photographer beyond the scope of the original contracted wedding package/collection must be paid in full at the time of the request/order. Due to the artistic nature of the photographic services, print and products are non-returnable.
PRINTING USING 3RD PARTY LABS
Amy Schenk Photography is not responsible for and cannot assist with any prints or art products that are not directly ordered/purchased from Amy Schenk Photography.
RETURNED CHECKS
Returned checks will be assessed a $55 non-sufficient funds fee, and all future purchases/payments must be paid by cashier’s check or credit card.
USE OF PHOTOGRAPHIC IMAGES
Amy Schenk Photography WILL NEVER sell clients images to third party entities. Amy Schenk Photography will not use any of your images for marketing purposes without your written consent.
IMAGE CARE
Upon receipt of a photo USB/CD/DVD/ALBUM/PRINTS/ART, the Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is the client's responsibility to make sure that digital files are copied to new media as required. Amy Schenk Photography is not responsible for assisting the client with the ordering of prints products from 3rd party vendors and cannot guarantee the quality of such prints/products if the client does not order directly from Amy Schenk Photography.
ALBUMS & PARENT BOOKS
Albums are custom-designed products created specifically for the Client using photographs from the Client’s online gallery.
Each Portrait album includes a total of 10 spreads. One spread consists of two pages viewed together from left to right. Album spread designs, image placement, cropping, and overall layout are at the sole discretion of the Photographer and are based on the images selected by the Client through the Client’s online gallery by marking their chosen images as favorites under “Album.”
Additional album spreads may be purchased for $45.00 + applicable sales tax per spread. Payment for additional spreads is due at the time the additional spreads are requested.
Once the album spreads have been designed, the Client will receive a digital preview of the album for review and approval prior to the album being submitted to the professional print lab.
The Client is responsible for carefully reviewing the album preview and communicating any requested changes within fourteen (14) calendar days from the date the preview is delivered. The Client is provided one complimentary round of changes as a courtesy. This complimentary change request must be submitted within the fourteen-day review period.
If the Client fails to respond within the fourteen-day review period, the Photographer may consider the album design approved and proceed with ordering the album. Failure to respond within the required timeframe may result in delays to the album production and delivery.
After the Photographer completes the Client’s one complimentary round of changes, any additional change requests will be subject to a $50.00 change fee per subsequent request. Payment of the applicable change fee is due before the requested changes will be made.
For each subsequent change request, the Client will have seven (7) calendar days from the date the revised preview is delivered to review the design and communicate any additional requested changes. Failure to respond within the seven-day review period may result in delays, and the Photographer may consider the album design approved and proceed with submitting the album order to the professional print lab.
Once the Client has approved the final album design, or the design is considered approved due to the Client’s failure to respond within the applicable review period, the album will be submitted to the professional print lab. Once the order has been submitted, it cannot be canceled, refunded, or changed.
Production, Printing & Delivery
The Photographer is not responsible for delays caused by the Client’s failure to provide timely selections, approvals, requested information, or other required responses. The Photographer is also not responsible for delays caused by the professional print lab, shipping carriers, or circumstances outside the Photographer’s control.
Album colors, paper, cover materials, printing, finishes, and other physical characteristics may vary slightly from what is displayed digitally due to differences in monitors and digital displays, printing processes, and available materials. Such variations do not constitute a defect or basis for a refund.
The Photographer will make reasonable efforts to ensure that the final album is produced according to the approved design. Once the album or parent book has been received by the Client, any damage or manufacturing defect must be reported to the Photographer within seven (7) calendar days of delivery so that the Photographer may determine whether a replacement or other remedy is available through the professional print lab.
COPYRIGHT
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Amy Schenk Photography retains all copyright benefits for all images created forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all digital duplication, or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. Learn more about US Copyright Laws Here: https://www.copyright.gov/title17/title17.pdf
Amy Schenk Photography will never sell images taken of you to third parties or enter them into any contest without your written permission. Should you not want images of you used for ASP's marketing materials such as but not limited to printed marketing materials, website, or social media accounts, please express your desire in writing to amy@amyschenkphotography.com.
PRINT RELEASE & REPRODUCTION | PRIVATE USE
A Print Release must be presented when printing digital images from 3rd party labs. The printing release provides the 3rd party labs permissions to reproduce such images for personal use only. A print release is provided along with all digital images purchased.
USAGE RELEASE | COMMERCIAL USE
A Usage Release must be obtained from ASP for any images you may use for commercial purposes for financial gain. Please reach out to ASP to purchase a Commercial Usage Release.
COPYRIGHT PURCHASE
If the client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be at the photographer’s discretion. The transfer of copyright will only become applicable after this payment has been made in full.
PAYMENT TYPES ACCEPTED
ASP accepts cash, personal check, Visa, MasterCard, Amex, American Express powered by Stripe through your client portal. At this time, only cash tips may be paid through Paypal, Venmo, ApplePay, CashApp, or other apps.
ENGAGEMENT & BRIDAL PORTRAIT PAYMENTS & REFUNDS
If an engagement or bridal portrait session is included as a complimentary service with a wedding collection, the session has no cash value and cannot be exchanged, substituted, or redeemed for other services, products, artwork, or monetary compensation. Any cancellation, no-show, or rescheduling request received less than 72 hours before the scheduled session will result in forfeiture of complimentary portrait service.
If the engagement or bridal session is paid for separately, as an add-on portrait session, the reservation fee is non-refundable. If the Client cancels the session or fails to appear for the scheduled session, the reservation fee will not be refunded. As a one-time courtesy, the Client may reschedule the portrait session and transfer the reservation fee to the new session date and time, provided the rescheduling request is received at least 72 hours prior to the originally scheduled session date and time. Any cancellation, no-show, or rescheduling request received less than 72 hours before the scheduled session will result in forfeiture of the non-refundable reservation fee, and the one-time courtesy rescheduling option will no longer apply.
WEDDING COLLECTION PAYMENTS & REFUNDS
The 25% wedding/event booking fee is non-refundable and is earned upon receipt in consideration of Amy Schenk Photography reserving the contracted date and declining other work for that date. If the Client cancels the wedding or event less than 30 days prior to the originally contracted wedding/event date, the 25% non-refundable booking fee will be forfeited. No refund or credit will be issued for the booking fee.
If the Client requests to reschedule the wedding or event, the new wedding/event date must be mutually agreed upon and scheduled within the same calendar year as the originally contracted date. If the Client does not reschedule within the same calendar year, the Client forfeits the non-refundable booking fee and any other amounts that are non-refundable under this Agreement. All retainers and booking fees paid to Amy Schenk Photography are non-refundable and are earned upon receipt in consideration of reserving the Photographer’s date and declining other work for that date.
Once photography services have been rendered, all monies paid to Amy Schenk Photography are non-refundable, including, but not limited to, retainers, booking fees, session fees, collection or package payments, art payments, and any other fees or payments made toward the contracted services.
No refund will be issued based solely on the Client’s subjective dissatisfaction with the Photographer’s artistic style, image selection, editing, posing, composition, or the number of images captured or delivered, provided Amy Schenk Photography has performed the contracted services in a professional manner and in accordance with this Agreement.
These provisions are subject to any rights or remedies that cannot legally be waived under applicable Texas law.
PORTRAIT & WEDDING/EVENT REFUNDS
No refunds shall be made for services and goods rendered, provided based upon the CLIENT's dissatisfaction with such style of photography, wardrobe choices, delivery delays, lighting, venue/location choice, or because the client does not like the "way" they look in pictures.
PRICES AND TERMS
All prices shown within the Photographer’s price list on her website(s) or other marketing materials are subject to change without prior notice. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
