LAURA DARK PHOTOGRAPHY LLC CLIENT POLICY

 

Client desires to hire Laura Dark to take photographs of Client. Laura Dark desires to be hired by Client to perform such work (the “Services”) all pursuant to the terms of this Agreement.

THEREFORE, in consideration of the terms and conditions set forth below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

Laura Dark reserves the right to refuse service to anyone.

Sessions may be upgraded but never downgraded. A minimum applicable deposit is required to secure a shoot date/time. Payment of deposit is Client’s acceptance of terms and conditions as outlined in Laura Dark policy.

All payments made to Laura Dark Photography LLC for deposits, session fees, services, and products received are final and non-refundable.

Any balance due on shoot packages must be paid at least two weeks prior to the scheduled shoot; otherwise, client shoot will be cancelled, and will be deposit forfeited.

SHOOT INTEGRITY

Client will trust Laura Dark’s talent and vision to produce the same outcome on all images selected.

While Laura Dark strives to make the experience unforgettable, Laura Dark is not here to only offer the experience of the session itself, but rather the process. Every client is shot in the same way as the work shown on Laura Dark Photography LLC website in Laura Dark’s style.

Please give Laura Dark the time she needs to do work on images; her time is best served editing client’s images, please do not email or message Laura Dark’s private accounts regarding when images will be completed. Laura Dark understands that everyone is excited to see their images, but her workflow is only slowed down with each query. She will not respond to these emails/messages, please direct all questions to our business email or through our Studio FB/IG messengers. Client can expect finished images within two weeks from the Tuesday following the session date.

If Laura is unable to attend your session due to illness or injury a highly trained professional will take her place in the studio to complete the session for the client.  Laura will still cull, edit, and finalize all images.  Laura would never comprise her brand by allowing someone untrained to take her place as a shooter.

CLIENT INTAKE FORMS

Clients will be provided with a link to our Pre-Shoot Intake Form. This form must be filled out no later than 2 weeks before session date. Laura Dark Photography LLC makes sure to allot specific time for each type of package; for the session, and the sessions of those shooting before or after the client, to flow smoothly, client must participate in the planning of shoot. This form must be completed in full, including images examples.

MAKEUP AND HAIR ARTISTS

Professional hair and makeup services play a large role in the product consistency that Laura Dark clients have come to expect and love. That said, it is NOT mandatory, BUT HIGHLY RECOMMENDED, that all clients go through hair and makeup before shooting with Laura Dark. If clients have any allergies or sensitivity to makeup or product, they are welcome to bring their own products for the makeup artist to use.

Laura Dark contracts exceptionally talented hair & makeup artists who work at a reduced rate to keep the client session fees affordable. For those who don’t know the industry, tipping is just as much a standard here as it is in independent salons and other service industry professions. Tipping is optional, but much appreciated.

Hair and makeup are done per client request. If for any reason client is unhappy with hair and makeup, claims of dissatisfaction must be verbally expressed prior to being photographed so that Laura Dark makeup artists/hair stylists can perform corrections. Complaints made after the session has been completed will be ignored.

CLIENT CONDUCT AND SESSION ETTIQUETTE

Clients receive a list of Do’s and Don’ts with their confirmation email; if followed, this ensures that events run smoothly for everyone. It takes just one client to severely throw off the schedule for an entire day.

The Client shall be responsible for the behavior of Client during all portions of their session. Laura Dark reserves the right to terminate the portraiture session without notice if she deems the Client’s behavior to be unruly or unsafe. In such instances, Laura Dark reserves the right to retain the full session fee. The Client will reimburse Laura Dark or her agents for any loss/damage caused to property or equipment.

FUTURE ORDERS

All clients are welcome to order more images than a package provides, these are purchased at an extra cost. Future orders are priced at the current price list rate. Payment for extra images is due upon order. Laura Dark will not begin post-production on client order until the full payment has been and has cleared.

LEGAL

LAURA DARK PHOTOGRAPHY LLC SERVICES AND PRODUCTS ARE FOR PERSONAL USE ONLY. Any professional or commercial use of Laura Dark’s copyrighted images is prohibited.

All web usage of Laura Dark’s work is strictly monitored. Any commercial usage of Laura Dark Photography LLC images will be referred to our attorney, this will result in a cease-and-desist notice for the website host service instructing them to remove the images from the website for unauthorized use of Laura Dark’s copyrighted work.

US Federal Copyright

IT IS ILLEGAL REPRODUCE THE COPYRIGHTED WORK OF AN ARTIST. CLEINT MAY NOT SCAN OR PHOTOGRAPH PRODUCT OR COPY, SCREEN GRAB OR PHOTOGRAPH IMAGES FROM PROOFING GALLERY. VIOLATORS WILL BE CHARGED THE VALUE OF THE DIGITAL IMAGE/S BEING POSTED

CANCELATIONS

The Laura Dark Experience is a major production, consisting of securing the time of professionally trained makeup, hair, and posing artists, transporting/set up of gear, and securing location/travel. Laura Dark must prepay all of this and therefore, since this is done months in advance and is non-refundable to her, Laura Dark must keep a very strict policy on cancellations and rescheduling. Once the Client has submitted payment of deposit, or the session amount in full, there are no refunds. No cancellations. However, the client may reschedule.

Client may reschedule scheduled shoot once without fee. Rescheduling must be arranged in writing at least 2 weeks prior to the originally scheduled shoot date/time and must include a requested reschedule timeframe. The reschedule timeframe must occur within 6 months of the originally scheduled shoot date/time.

If client request to reschedule the session is made with less than 2 weeks’ notice of scheduled session, an additional session fee will be required to move the session to another date. This fee amounts to liquidated damages in the amount of sitting fee, hair, and makeup styling fees, and pose coaching. This fee, like the deposit, will be due within 48 hours of request or by the original shoot date/time (whichever is first). Failure to pay will result in a cancellation of the session, client will be refunded any amount paid less the deposit and liquidated damages.

If client is late to the scheduled session, the time that the client is late will be deducted from the allotted session time. If Client is late more than a half hour, session may be forfeited solely at Laura Dark’s discretion and Client session and the amount of the sitting fee, hair styling, makeup, and pose coaching, will be charged as liquidated damages.

If Client cancels the scheduled session with less than 2 weeks advance notice or does not pay the balance due on the session at least two weeks before the session date, liquidated damages for the sitting fee, hair styling, makeup, and pose coaching will be charged. If Laura Dark is unable to collect funds from the Client, this will be reported to all three credit agencies. No exceptions.

OUTDOOR LOCATIONS

Client must provide transportation to outdoor locations. If another party is providing the client with a ride to Laura Dark’s studio location, they must also be available to take the client to any outdoor shoot set. Laura Dark Photography LLC does not transport clients.

Outdoor sessions are always weather permitting.  If the weather conditions are poor IE: rain, heavy snow, below 32 degrees, heavy wind etc. the session will be moved indoors.

TRAVELING TO US

If client is traveling for the session, Laura Dark recommends booking the session and securing the date/time with at least the minimum deposit before booking airfare and hotel.

Session dates/times can only be secured with the minimum deposit if scheduling more than two weeks in advance (session balances are due in full 2 weeks (or less) before the session date). Without a secured booking, the Laura Dark ‘s schedule is highly subject to change. Laura Dark is not responsible for any fees associated with airline or hotel schedule changes. If client is flying in or driving a long distance, please, arrive the day before the session to avoid travel delays and to ensure that the client is well-rested. Refunds/rescheduling will not be permitted due to same day travel delays.

GIFT CERTIFICATES

Gift Certificates may be purchased in any amount (USD). They will be provided digitally and can be used up to ONE CALENDAR YEAR after the purchase date. Gift Certificates are non-transferable and are not good for cash.

SATISIFCATION

Client satisfaction is of utmost importance to Laura Dark, but all art is subjective. All images will be edited with Laura Dark’s professional artistic vision, and, by choosing her as your photographer, you choose the style of her work and trust her judgment through the creative process. If there are special editing requests beyond what the sample teaser image, she is happy to fulfill any special instruction orders for additional retouching at a rate of $60 per image. No charge for cropping, black and white or other color toning conversions. Laura Dark reserves the right to refuse additional services to anyone. Clients may expect the quality of product that they saw during their session. All sales are final. Laura Dark works with the same makeup artists and hair stylists who have contributed to the work showcased on the Laura Dark website. It is the client’s responsibility to voice any issues she may have with the hair or makeup prior to being photographed so that the makeup artist can make any necessary adjustments.

DELIVERY SHORTAGES, LOSS, AND DAMAGE IN TRANSIT

Claims for damage, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery. Laura Dark is not liable for incorrect addresses given by clients on their order forms nor are we liable for loss of product left at given address.

Laura Dark will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. Laura Dark cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, Laura Dark  will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

The supply of products and services are provided by  Laura Dark on a best-efforts basis. Laura Dark shall use reasonable efforts to meet agreed deadlines where applicable. Laura Dark shall not be liable for any delays in meeting any of her obligations that were due to causes beyond her reasonable control, including but not limited to: postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss, or damage in transit, etc.

CONFIDENTIALITY

Laura Dark acknowledges that in the performance of the photographic services, she may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, Laura Dark agrees to make best efforts to keep this information confidential except as required by law.

VENUE

This contract shall be interpreted in accordance with the laws of the State of Ohio without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this Contract shall be resolved or adjudicated in the city of Columbus in the State of Ohio.

PRICES AND TERMS

1. All prices shown within Laura Dark ‘s price list are subject to change without prior notice.
2. Laura Dark reserves the right to amend these Terms and Conditions without prior notice.
3. Images/data supplied in electronic format:

For all images/data supplied to the Client in electronic format (including, but not limited to, electronic mail, CDs/DVDs, etc.), Laura Dark will endeavor to ensure that the data sent is not corrupt and is virus free. Laura Dark cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client’s computer or data. The Client agrees to take similar steps to ensure that data sent to Laura Dark is not corrupt and/or virus-free. For all private, extended and destination sessions, Client is responsible for location. Destination session clients are responsible for Laura Dark’s travel, hotel accommodations (preferably in the hotel the session will take place), car service from airport to hotel and back to airport from hotel, rental of lighting equipment for international destination, her day rate (minimum of 2 days), and a makeup and hair artist is contracted separately through the artist herself. Laura Dark is happy to work with any makeup artist but prefers to work with her own contractors. Referrals available upon request.

COPYRIGHT AND OWNERSHIP

1. In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to make prints, reprints, copies, or digital duplications of any images created by the photographer.
2. Reproduction rights (if granted) are strictly limited to the uses specified on the Photographer’s invoice. Any license is granted to the Client only upon payment in full of the amount due pursuant to the Photographer’s payment terms.
3. Client may never purchase the copyright of images created by the Photographer.
4. In instances where the Client requests copies of images that the Client has supplied from another photographer, all work is undertaken on the assumption that the Client has obtained written permission from the copyright holder for copies to be made. The Photographer may contact the copyright holder to confirm that authorization to copy the images has been given. The Client agrees to fully indemnify the Photographer for claims or damages or any costs arising from claims for copyright infringement made by a third party.

WAIVER OF LIABLITIY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Laura Dark Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Laura Dark Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Laura Dark Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree, and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

Assumption of Risks: This use of Laura Dark Photography’s property, facilities, staff, equipment, contracted working animals, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Laura Dark Photography purchases space in hotels and studios for location sets and contracts Ambassador Animals for specific sessions and is not associated with these other entities in any other way. I have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Laura Dark Photography. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Laura Dark Photography, HARMLESS from all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including legal fees brought because of my involvement in a portrait session with Laura Dark Photography, and to reimburse them for any such expenses incurred.

Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Laura Dark Photography. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Laura reserves the right under the federal copyright law to use images she creates to promote her business and if you prefer not to participate, please indicate such on-Client Intake Form