TERMS & POLICIES
Definitions
The Photographer: Treva Wygle, Plan-it ink Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Plan-it ink Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Plan-it ink Photography’s logo, watermark, or proof stamp.
Fee: Price including all “non-tangible” portions of the photography session. This includes but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, reconfiguring lighting for shoot, and post processing. This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is general expense and wear and tear of equipment.
Digital Purchases: High-resolution digital copies of the final images. Client receives a Print Release for personal use only. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
COVID WAIVER
1. Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure. 2. As consideration for this waiver, Studio agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure. 3. Notwithstanding the foregoing, the Waivers contained in Sections 1 and 2 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.
Professional Reproduction & Prints:
Professional Prints or Canvases may be ordered directly out of your
online boutique photo gallery for best quality at an extra charge.
Only digital images are included in all packages.
Copyright and Reproductions
Plan-it ink Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Cancellation and Rescheduling
A $50 CANCELLATION FEE is charged of all cancelled sessions, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
Deposit and Payment
The Photographer may require The Client to make a $50 deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Plan-it ink Photography accepts cash, checks, and all major credit cards. A $20.00 fee will be imposed for any returned checks.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Plan-it ink Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Plan-it ink Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Plan-it ink Photography's Facebook page. Sharing can NOT be done via screenshots of photos on Facebook or the online gallery.
Edits
Plan-it ink Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Plan-it ink Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, etc. Plan-it ink Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $15 per photo if it is requested by the client. Cosmetic edits include, but are not limited to: removing unwanted hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, editing in a person, cropping out a person, removing suntan lines, bruises or acne, removing background images, change color of clothing, etc.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
The Photographer: Treva Wygle, Plan-it ink Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Plan-it ink Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Plan-it ink Photography’s logo, watermark, or proof stamp.
Fee: Price including all “non-tangible” portions of the photography session. This includes but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, reconfiguring lighting for shoot, and post processing. This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is general expense and wear and tear of equipment.
Digital Purchases: High-resolution digital copies of the final images. Client receives a Print Release for personal use only. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
COVID WAIVER
1. Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure. 2. As consideration for this waiver, Studio agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure. 3. Notwithstanding the foregoing, the Waivers contained in Sections 1 and 2 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.
Professional Reproduction & Prints:
Professional Prints or Canvases may be ordered directly out of your
online boutique photo gallery for best quality at an extra charge.
Only digital images are included in all packages.
Copyright and Reproductions
Plan-it ink Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Cancellation and Rescheduling
A $50 CANCELLATION FEE is charged of all cancelled sessions, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
Deposit and Payment
The Photographer may require The Client to make a $50 deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Plan-it ink Photography accepts cash, checks, and all major credit cards. A $20.00 fee will be imposed for any returned checks.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Plan-it ink Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Plan-it ink Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Plan-it ink Photography's Facebook page. Sharing can NOT be done via screenshots of photos on Facebook or the online gallery.
Edits
Plan-it ink Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Plan-it ink Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, etc. Plan-it ink Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $15 per photo if it is requested by the client. Cosmetic edits include, but are not limited to: removing unwanted hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, editing in a person, cropping out a person, removing suntan lines, bruises or acne, removing background images, change color of clothing, etc.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
