Terms of Service *
A. Session Fees
Client agrees to pay photographer a retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due at the time of the session, images will not be edited until final payments are made in full. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored through your private gallery.
Any editing requested by client beyond normal lighting and color correction will incur an editing fee of $20.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Fee covers travel up to 50 miles. Any location outside of these limits will be subject to an additional charge of $.60/mile as part of the agreement.
If an illness or situation prevents a session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the retainer fee is forfeited and will not be refunded or be-able to use towards a reschedule. If a reschedule is allowed, they must hold session within 30 days of canceling or retainer is forfeited and can not be used toward a reschedule. Note, If client is 30 minutes or more late to their session, the time left for their session will be considered within the agreed shoot session time. Additional time will not be given for late arrivals if prior to 30 minutes late. **If client needs to reschedule a second time it's up to the photographer if retainer fee can be used for reschedule or if a new one will need to be applied.
Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
If weather is not ideal and clients decide to go forward with session regardless of condition the photographer will not be held responsible for conditions and no reshoot will be offered without a fee.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, or weather related issues and not following the recommendations of the photographer. If weather is not ideal and clients decide to go forward with session regardless of condition, the photographer will not be held responsible for conditions and no reshoot will be offered without a fee.
Your private gallery will stay live for 30 days after invitation to view email has been sent to your email. Clients are responsible to download their gallery within the 30 days. There is a $50 reload/hosting fee if you need additional time.
After twelve (12) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
G. Model Release
I hereby give to Ella Bar Photography the absolute and irrevocable right and permission with respect to the photograph that she has taken of myself:
a) To copyright the same in the photographer’s name or any other name that she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves and release photographer from any claims against their person or their business.
I. Copyright & Penalty
Ella Bar Photography retains all copyrights to all images created during client’s session.
J. Covid Release
I knowingly and willingly consent to a photography session with Ella Bar, owner of Ella Bar Photography.
I understand that the COVID-19 virus has a long incubation period during which carries of the virus may not show any signs or symptoms and still be contagious. I understand that Ella Bar Photography will take all precautions suggested regarding COVID-19 prevention, but it is impossible to determine who has it and who does not given the current limitations in virus testing.
I understand that should I have been diagnosed with COVID-19, positive within 14 days before/following my session, I will contact Ella Bar Photography to let her know of my positive diagnosis.
I release Ella Bar Photography for any and all liability associated with receiving a COVID -19 positive diagnosis following our session.
I confirm that no member of my family that will be included in the session, coming to the studio, or that I have had recent exposure to is experiencing any of the following symptoms associated with COVID-19: fever, shortness of breath, dry cough, runny nose, sore throat, loss of taste or smell, fatigue not associated with sleep. If they are experiencing any of the above mentioned symptoms, I will call immediately to reschedule my session.
I understand that Ella Bar Photography has the right to cancel or reschedule any sessions at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure, or arising symptoms of COVID-19, and is not liable for any cost accord by the client (i.e. hair appointments, cake or clothing purchases, etc) associated with my session.
If my session is canceled or rescheduled due to a COVID-19 related illness or presenting symptoms, I understand that the retainer fee paid to Ella Bar Photography is non-refundable but will be transferred to a new date.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 10 minutes prior to the start of session.