LAURA DARK PHOTOGRAPHY POLICY
There are no chaperones of any kind allowed at any sessions. No exceptions. Laura reserves the right to refuse service to anyone.
All sales are final on all services including but not limited to sessions and orders. Payment plan clients must be paid in full before design and shipping of order. No exceptions. Orders go into design queue from the date the order is paid in full.
Payment of deposit is Client’s acceptance of terms and conditions as outlined in LDP policy.
Client will trust Laura’s talent and vision to produce the same outcome on all images selected. Advanced beauty retouching will only be applied to images purchased and is included in the cost of prints. Laura does not retouch to specifications although Client is welcome to make requests.
OUR SERVICES AND PRODUCT ARE FOR PERSONAL USE ONLY. Any professional or commercial use of our copyrighted images is prohibited.
While we strive to make the experience unforgettable, we are not here to only offer the experience of the session itself. Every client is shot in the same way as the work shown on LDP website in Laura’s style. Hair and makeup is done as per client requests, any claims of dissatisfaction with hair and makeup after the session are ignored. If for any reason client is unhappy with hair and makeup she must express herself prior to being photographed so that LDP makeup artist or hair stylist can perform corrections.
To fund these high end luxury events for our clients, we spare no expense. No more than three clients are on set at a time, one in hair, one in makeup, while the other is in session with Laura. Please give Laura the time she needs to do work your images. Her time is best served working your images, not replying to your emails about when you will get to see them. Laura understands that everyone is excited to see their images but her workflow is only slowed down by numerous emails from clients inquiring about their images. She will not respond to these emails. You can expect your proof three weeks from the Tuesday following your session. Thank you in advance for your understanding. Any discounts offered on session fees are not applied to order minimums.
Client Intake Forms
Clients may request their preferred time slot however slots are assigned in the order in which contracts come in and LDP will assign slots as close as possible to the desired time selected. LDP does not guarantee that all clients will get the time slot they request and all deposits and session fees are nonrefundable. Clients who do not submit their intake form agree that LDP may use their images in the showcasing of their work.
Makeup and Hair Artists
Laura’s photo sessions are a process starting with hair and makeup and is not only an important part of the process but also an important part of the schedule for our events to run smoothly. That said, it is NOT mandatory (BUT HIGHLY RECOMMENDED) that all clients go through hair and makeup before shooting with Laura. 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. We employ exceptionally talented hair & makeup artists who are working for us for a reduced fee so that your session fee remains affordable and because clients tip. That being said, for those who don’t know the industry, tipping is standard as it is in salons and any other service industry profession. These events are high end and we have designed them to be affordable to a spectrum of economic brackets therefore we do ask that our clients be a lady and tip their makeup artist and hair stylist.
US FEDERAL COPYRIGHT
IT IS ILLEGAL REPRODUCE THE COPYRIGHTED WORK OF AN ARTIST. YOU MAY NOT SCAN OR PHOTOGRAPH YOUR PRODUCT OR COPY, SCREEN GRAB OR PHOTOGRAPH IMAGES FROM YOUR PROOFING GALLERY. VIOLATORS WILL BE CHARGED THE VALUE OF THE DIGITAL IMAGE/S BEING POSTED. *We love that you want to share your images online but you must purchase them like everyone else.*
All clients are welcome to order more images than in the package they purchase at an extra cost. Future orders are priced at the current price list rate. Payment for extra images are due upon order.
Session Client Etiquette
Clients receive a list of Dos and Don’ts with their confirmation email which ensures that events run smoothly. It takes just one client to severely throw off the schedule for an entire day so to protect everyone involved we do provide guidelines for every client follow so that the only thing Laura has to focus on is taking great images of her clients.
Payment, Deposit, Cancellation, Rescheduling and Liquidated Damages:
All payments made to Laura Dark Photography for session fees, deposits, services and product are non-refundable. Sessions may be upgraded but never downgraded. Laura will not begin post production on your order until the payment has been paid in full and has cleared. Deposits to hold your place on a waiting list for an upcoming tour are accepted. All web usage of our work is strictly monitored. Any professional use of images will be submitted to our attorney for a cease and desist notice to the website hosting service to remove the website for unauthorized use of our copyrighted work.
Making Team Dark tour events happen is a major production consisting of securing travel, transporting gear, securing location, and securing the time of the makeup and hair artist. Laura has to prepay all of this and therefore, since this is done months in advance and is non-refundable to her, Laura must keep a very strict policy on cancellations and rescheduling. Once you have submitted your payment of deposit or the session amount in full, there are no refunds. No cancellations. However, you may reschedule. Rescheduling must be arranged in writing 72 hours prior to the session event date and are good for any future tour locations within one calendar year. Reschedules are only permitted once. Sessions are not transferable. If your request to reschedule the session is made with less than 72 hours’ notice before your session, liquidated damages in the amount of your session fee and your hair, makeup, wardrobe, and extra services fee will be charged. An additional session fee will be required to book a new session. If you are late to your scheduled session, the time that you are late will be deducted from your session. If you are late more than a half hour, your session is forfeited and your session and order requirement will be charged as liquidated damages. If you cancel your scheduled session or do not pay the balance due on your session before the session, liquidated damages in the amount of your session fee and your hair, makeup, wardrobe, and extra services fee will be charged. If we are unable to collect funds from you we will report this to all three credit agencies. No exceptions. If you are traveling for your session, Laura recommends booking your session and securing it with payment before booking your airfare and hotel. Sessions cannot be held and are only secured on her calendar with payment. Without a secured booking, Laura’s schedule may change and she only schedules her calendar around paid clients. Laura is not responsible for any fees associated with airline or hotel schedule changes. Please fly in the day before your session, refunds/reschedules will not be given due to same day flight cancelations/delays.
Rush orders are available for a 50% service fee of the entire order amount. Laura reserves the right to refuse rush services to anyone.
Your satisfaction is of utmost importance to Laura, but all art is subjective. All images will be edited with Laura’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 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 works with the same makeup artists and hair stylists who have contributed to the work showcased on the LDP 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. We are 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 will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. The Photographer 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, the Photographer 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.
Laura 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 agrees to make best efforts to keep this information confidential except as required by law.
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.
The Client shall be responsible for the behavior of Client during portraiture session. The Photographer 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, the Photographer reserves the right to retain the full session fee. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best efforts basis. The Photographer shall use reasonable efforts to meet agreed deadlines where applicable. The Photographer 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.
Prices & Terms
a. All prices shown within the Photographer’s price list are subject to change without prior notice. Print price changes will affect packages offered in seasonal promotions to reflect new pricing in total value of packages offered.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
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.), the Photographer will endeavor to ensure that the data sent is not corrupt and is virus free. The Photographer 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 the Photographer 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’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 is happy to work with any makeup artist but prefers to work with her own contractors. Referrals available upon request.
Copyright and Ownership
a. 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.
b. Reproduction rights (if and when 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.
c. Client may never purchase the copyright of images created by the Photographer.
d. 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.
e. By paying for a portraiture session, Client grants to Laura Dark Photography, its assignees, licensees, legal representatives and transferees [“Laura Dark Photography”] the right to use Client’s name and likeness for promotional purposes of Laura Dark Photography. Client irrevocably authorizes Laura Dark Photography to use and publish photographs, pictures, portraits or images in which the Client appears [“Photographs”] in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, and publishing (including publishing in electronic form), for lawful uses as may be determined by the Laura Dark Photography. Client waives all rights to review or approve any uses of the Photographs unless specific opt out of use of images is noted on Client Intake Form.
Waiver of Liability, 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, 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 is not associated with these locations in any 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 any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result 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