Bontisha Rose Photography Terms & Conditions
All Clients will sign their contracts at the time of their session unless they submit digitally signed contracts. Client agrees to Bontisha Rose Photography (BRP) policy and all terms and conditions therein by submitting a digitally signed contract, a paper contract, by making payment for a session, or by submitting a retainer fee or deposit. All transactions between BRP and the Client, whether made with payment or in writing, are subject to these terms and conditions. The BRP policy is in place for everyone’s best interest and is strongly enforced.
All Sales are Final on all services including but not limited to sessions and product orders. Payment plan clients must be paid in full before editing, design and shipping of order.
Please read and understand the policy before securing your session. Submitting payment for a session, or a session retainer will serve as your electronic shooting contract and confirmation that you have read, understand, and agree with all the terms and conditions.
TERMS AND CONDITIONS
Sessions are conducted for clients personal use. Professional commercial use is strictly prohibited. Session fees cover the session with Bontisha Rose Photography, Pose Coaching, the luxury location, and basic edits for purchasing session.
Product orders are separate. Please allow 24-48 hours for shipping of your order by BRP or a hired agent of BRP. A representation of BRP’s work for clients can be previewed by viewing BRP’s portfolio and is what all clients can expect with their own images. BRP does not offer a satisfaction guaranteed policy, or offer refunds or reschedules for dissatisfaction of images. Please understand that even though we use Photoshop to assist in crafting your images, your final pictures will not look like a completely different person. They will look like you.
BRP offers a 15% military/police/fire fighter discount on session fee (except for contest winners and giveaways). Valid military/police/fire ID required to qualify. Open to active duty and veterans/retired and their spouses.
All clients must sign a CONTRACT before or at their session, on paper or digitally, payment of a deposit, session fee, or retainer fee is Client’s acceptance of terms and conditions as outlined in BRP policy.
Product orders
All orders that are not set up on a payment plan, and are made in any way after the session date will be charged a 25% service fee.
Purchasing Session
Images are for viewing and selection purposes only! Any reproduction or screen grab downloads are a direct violation of BRP policy and a violation of artist copyright and client contract!
Product Order Minimum
The product minimum order amount is $500. If you do not/cannot decide on your product order immediately following your session, you will be charged the order minimum of $500, and an additional $100 to have a proofing gallery sent to you. You will then have 3 days to decide on a product order, and send it in to the studio. If you don’t complete your product order within 3 days your gallery will expire and you will forfeit all monies paid including session fees, retainer fees, and any payments toward any products and/or services.
Please be prepared to spend at least $500. If you are enrolling in a payment plan, make sure to bring at least your $200 down payment on the day of your session. The $200 down payment on the day of your session is required to start your payment plan. Your session fee, or retainer fee CANNOT be used as a downpayment for your payment plan.
Payment, Deposit, Cancellation, Rescheduling and Liquidated Damages
All payments made to Bontisha Rose Photography for session fees, deposits, retainers, services and product are non-refundable.
If you are on a payment plan, Bontisha 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. The balance is due in full two weeks before client’s session. Making BRP events happen is a major production consisting of securing travel, transporting gear, securing location. BRP has to prepay all of this and since this is done months in advance and is non-refundable, we must keep a very strict policy on cancellations and rescheduling. Once you have submitted your payment of deposit or retainer or the session amount in full, there are no refunds. No cancellations. No exceptions.
Cancellation Policy and Fees
In order to make our tours possible we must maintain a strict cancellation policy. Your submission of payment confirms that you have read the terms and conditions associated with booking a session, and also confirms that you agree with the following:
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You understand that all session fees and retainer fees are not refundable for any reason. Including emergencies, last minute work schedule changes, illness etc… There are no exceptions to this rule.
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You understand that if you cancel your session or fail to attend your session you forfeit your retainer fee or session fee.
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You understand that you will automatically be charged a cancellation fee of $350 for missing your session.
Rescheduling
You understand that if you need to reschedule your session to a different day, you must contact us as early as possible, and reschedule for a different date within the same city during the same tour. You cannot transfer your retainer or session fee to a different tour event. You can only reschedule for a shoot during the same Tour/Event. Reschedules are not guaranteed, and completely subject to session availability. If there is not an available slot that you can reschedule to, you will forfeit your session fee/retainer fee, AND be charged the cancellation fee.
Changes to Orders
Sessions and Product orders that are on payment plans may be upgraded but NEVER DOWNGRADED. This means that once you make your product selection you can not FOR ANY REASON switch to a lower package or product option.
In the event that you are late
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 fee or retainer fee will not be refunded. If you cancel your scheduled session your session fee will not be refunded. No exceptions.
If you are traveling for your session, we recommend booking your session and securing it with payment before booking your airfare and hotel. Sessions cannot be held and are only secured on our calendar with payment. Without a secured booking, BRP’s schedule may change and we only schedule our calendar around paid clients. BRP 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 cancellations/delays.
Delivery
Product ships via FedEx or UPS. Clients are responsible for providing a secure address for delivery. If an order shows delivered by the carrier but clients does not have order, BRP is not responsible for stolen packages and the order can be replaced at cost of production and shipping. 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.
Phone Calls
Phone calls may be recorded for quality and training purposes. The phone number you provide will be used to communicate information to you regarding your session, your order, or other aspects of your booking or business with the photography studio.
SMS/Text messages
By providing your phone number during signup you consent and agree to receive promotional and informational text messages from Bontisha Rose Photography.
These terms and conditions govern the SMS text messages sent by Bontisha Rose Photography.
1.) These messages may be recurring or single-occurrence SMS text messages.
2.) You have the freedom to cancel the SMS service at any given moment. Simply respond with the text “STOP” to any received text message. Following your “STOP” message, we will send an SMS to confirm your unsubscription. Subsequent to this, you will not receive any more SMS messages from the relevant short code or number. Should you wish to reinitiate the text messages, your consent will have to be provided again.
Satisfaction
Your satisfaction is of utmost importance to Bontisha but all art is subjective. All images will be edited with Bontisha’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, she is happy to fulfill any special instruction orders for additional retouching at a rate of $75 per image.
Sizes and Color Matching
While every effort is made to meet the Client’s requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer if accurate sizing is critical. Images are cropped to fit product sizes chosen by Client. In the event the Client does not want to lose any of the image in cropping arrangements may be made with BRP to suit her needs. Any dissatisfaction with cropping will be subject to Client covering our cost for lab and shipping on replacement images. Due to limitations of materials and processes technology, it is not possible to guarantee 100% color matching. However, BRP will endeavor to provide the closest possible match.
Confidentiality
The Photographer 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, the Photographer 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 Michigan 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 state of Michigan.
Conduct
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 or retainer fee. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment, and reimburse BRP for any loss of time or sessions that are interrupted due to Client’s conduct.
Prices & Terms
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. 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, thumb drives, downloads, online galleries 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 is virus-free.
Destination private commissions
For all private, extended and destination sessions, Client is responsible for location. Destination session clients are responsible for the team’s travel, hotel accommodations, car service from airport to hotel and back to airport from hotel, rental of lighting equipment for international destination, day rate (minimum of 2 days), and a makeup and hair artist is contracted separately through the artist herself. Bontisha 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 (Bontisha Rose Photography) 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 by the Photographer. 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, and signing a talent release form Client grants to Bontisha Rose Photography, its assignees, licensees, legal representatives and transferees [“Bontisha Rose Photography”] the right to use Client’s name and likeness for promotional purposes of Bontisha Rose Photography. Client irrevocably authorizes Bontisha Rose 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 Bontisha Rose Photography. Client waives all rights to review or approve any uses of the Photographs by signing the Talent Release 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 Bontisha Rose Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Bontisha Rose Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Bontisha Rose 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 Bontisha Rose 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. Bontisha Rose Photography purchases space in hotels, residences 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 Bontisha Rose 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 Bontisha Rose 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 Bontisha Rose 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 Bontisha Rose Photography. I understand that Bontisha Rose Photography does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature or payment for a session fee or retainer, Physical or Digital, to be a complete and unconditional release of all liability to the greatest extent allowed by law.
BRP reserves the right under the federal copyright law to use images created for business promotion (in order for BRP to use your images you must provided a signed talent release form). If you later decide that you would prefer not to participate, please indicate such in writing.