By purchasing any photography package, the Client is submitting an electronic signature and agrees to all of the following clauses:
Retainer and Payments Clause: The Client is required to pay a retainer of the amount specified by Aspynn Tabor Photography (the Photographer) based on the total amount quoted by Aspynn Tabor Photography to retain the specific, chosen date. Retainers hold a single, specific day of service only, not the service itself. If the date is canceled by the Client, the Client forfeits the retainer. Another retainer must be paid to hold a new date. If the date must be changed by Aspynn Tabor Photography, the Photographer will provide the contracted services on a different, mutually agreeable date within a 3 month time frame. If the Client chooses to decline a new date, no refunds will be given. If the date must be changed due to weather, a different, mutually agreeable date will be chosen within a 3 month time frame. If the Client chooses to decline a new date, no refunds will be given.
Weather Clause: Aspynn Tabor Photography has a right to reschedule for rain or weather. The session will not be rescheduled at the suggestion of the Client or prior to 3 hours before the session. The session will not be rescheduled for wind/heat/cold. The date retainer will not be returned to the Client for wind/heat/cold. If the Client and the Photographer arrive on location and the weather takes a turn for the worse, Aspynn Tabor Photography will discuss options for full or partial a reshoot, if necessary. No refunds or discounts will be given. If the majority of the Client's session is captured, Aspynn Tabor Photography is under no liability to provide an additional session or reshoot.
Download Clause: After completion of editing, Aspynn Tabor Photography will email/message/text the Client the link to the Client's private digital, online gallery which will be available for 2 weeks and will be removed after 2 weeks. From there, the Client can download and print the digital images from any photo printer. After the 2 weeks, you may contact the Photographer for gallery re-upload. The Photographer is under no obligation to upload the images immediately or retain the images. A $50 re-upload fee will be SumUp invoiced to the Client and must be paid before the re-upload. Aspynn Tabor Photography will only send the gallery link to the email/messages/texts the Client used to contact Aspynn Tabor Photography. If the Client would like others to have access to the Client's photos, it is up to the Client to forward them the link. Aspynn Tabor Photography is not liable for retaining images after the initial 2 weeks. Aspynn Tabor Photography will store the Client's edited images for a maximum of 3 months as a courtesy to the Client, but is not required to do so. Aspynn Tabor Photography does not accept or create flash drives.
Mileage/Overnight Stay Clause: All sessions will take place in the Weatherford, Oklahoma area unless otherwise agreed upon before the signing of this contract. A travel fee will be required if the session is not in Weatherford, Oklahoma. The Client will be notified of any additional charges due to travel mileage and or/hotel charges prior to booking. If the Client fails to notify Aspynn Tabor Photography of any traveling or need of overnight stay, traveling fees will be added to the final invoice at the discretion of the photographer or the session will be canceled and no monies will be returned to the Client.
Transportation Clause: Aspynn Tabor Photography will not transport the Client to, from, or during the session. The Client must provide their own means of getting to, from, or around the session.
Copyright Clause: Aspynn Tabor Photography owns the copyright to all images the Photographer makes during the Client's session. The Photographer shall only make reproductions for the Client or for her own business use as display images, competition images, or art exhibition images. Because Aspynn Tabor Photography owns the copyright to these images, the Photographer is allowed to post any images the Photographer so chooses to the Aspynn Tabor Photography website, Facebook, Instagram, or any other venue. Because all of the images received by the Client are digital files, the Client is allowed to make reproductions and prints of the images for Client’s personal use only. The Client may NOT give the images to any schools, venues, businesses, newspapers, magazines, publications, submit for mass reprint, etc. without express written consent from Aspynn Tabor Photography. The Client may post to Facebook, Instagram, TikTok, etc but is required to give credit and tag Aspynn Tabor Photography. The Client acknowledges that unauthorized alteration of the images such as re-editing the images or claiming as one's own is unlawful and subject to statutory prosecution.
Image Use by Aspynn Tabor Photography Clause: Aspynn Tabor Photography may use the images, in any form, for any personal or commercial purpose. The Client agrees to execute a more detailed model release if requested by the Photographer. The Client releases Aspynn Tabor Photography from any right in the image that the Client may claim through it, and agrees that Aspynn Tabor Photography has an expressed right to use the image as stated above without any compensation to the Client. Aspynn Tabor Photography is not obligated to notify the Client before making use of the images in any medium.
Scheduling Clause: Aspynn Tabor Photography and the Client will collaborate in all schedules and arrangements for services to be provided. Aspynn Tabor Photography will do everything in the Photographer's power to schedule a date based on what the Client has requested, but can make no promises that a date will be available until retainer is paid and the contract is signed. In the event of rescheduling, Aspynn Tabor Photography will do everything in the Photographer's power to reschedule in a timely fashion, but can not make certain that specific dates will be available.
Image Clause: Aspynn Tabor Photography works very hard to hand edit and return the best quality of images. Therefore, the Client can expect to receive approximately 35 digital images per hour Aspynn Tabor Photography is photographing the Client. Some circumstances may prevent this quantity estimation from being correct such as events outside Aspynn Tabor Photography's control, including, but not limited to weather, tardiness, conflict of interests among the Client(s), timeline changes/interruptions, transportation times, emergency issues, act of God, etc. The Client may not request additional images without paying a fee of Aspynn Tabor Photography's choosing based on the circumstance, if applicable. Aspynn Tabor Photographer will not hold, retain, or keep unedited images from the Client's session after the final gallery of images has been delivered.
Image Acceptance Clause: As the Client, by downloading, screenshooting, sharing or posting in any medium fully edited images, in any form, qualifies as acceptance of the images and gallery. The contract between the Client and Aspynn Tabor Photography is fulfilled and complete. There will be no reediting, refunds, or legal action taken by the Client if the images are shared or downloaded in any manner.
Video Clause: Aspynn Tabor Photography is under no obligation or liability to capture/create a video or videos for the Client.
Returning of Images Clause: Aspynn Tabor Photography will try to return the images in a timely fashion, however, because of the amount of images returned as well as the intricate editing process, the Photographer is given a maximum of 4 months to return the images. Aspynn Tabor Photography normally returns the images in a matter of three weeks. However, the time frame is given in case something beyond the Photographer's control occurs. Please be patient, as Aspynn Tabor Photography takes great care and pride in each individual image.
Artistic Rights Clause: Aspynn Tabor Photography retains the right of discretion in selecting the photographic materials released to the Client. Aspynn Tabor Photography does not guarantee specific, desired images or ideas will be captured, created, or returned to the Client. Aspynn Tabor Photography retains the right to edit images in any way the Photographer chooses. The photographs will be edited in a way similar to recent, previous examples on this website, Aspynn Tabor Photography's Facebook, or Aspynn Tabor Photography's Instagram. The artistic license of editing remains with Aspynn Tabor Photography.
Re-editing of Images Clause: Aspynn Tabor Photography puts an exuberant amount of work and has great pride in each image that is returned to the Client. Aspynn Tabor Photography will perform no re-editing of images after the images have been delivered to the Client. The images you see on Aspynn Tabor Photography’s website(s) use a similar editing and retouching style to what the Client will receive in the Client's photos. Aspynn Tabor Photography will not remove tan lines, tattoos, excessive acne, or perform any major edit such as these, unless this service is requested before the contract is signed by the Client and is agreed upon by both parties. Aspynn Tabor Photography is under no obligation to perform such edits for free as they require more editing hours.
Liability/Waiver of Damages Clause: Aspynn Tabor Photography represents that reasonable care is taken with respect to capturing, processing, storing and delivery of the Client's images. However, in the event that Aspynn Tabor Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of Aspynn Tabor Photography’s control, Aspynn Tabor Photography’s liability shall be limited to a refund of all payments made by the Client. Aspynn Tabor Photography will not be held liable in the event of the following conditions and no refund of monies will result if:
* Any photographic images are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, in which case the Client's session shall be reschedule at no extra charge with no refunds given to the Client.
Harassment Clause: Aspynn Tabor Photography reserves the right terminate coverage and leave the session without a refund given to the Client if the Photographer experiences illegal activity, or inappropriate, threatening, hostile, or offensive behavior from the Client or anyone in the Client's party; or in the event that the safety of the Photographer is in question. Harassment from the Client or the Client's party will not be tolerated. The Client will be required contact Aspynn Tabor Photography to pay the full remaining balance of this contract if the Client wishes to receive a partial gallery from the terminated session within 3 days of the session. If Aspynn Tabor Photography is not contacted, all images will be deleted on the fourth day.
Weapons Clause: Aspynn Tabor Photography must be notified prior to the session if the Client wishes to bring or be photographed with any weapons in any state. Weapons include but are not limited to functioning or nonfunctioning guns, rifles, pistols, shotguns, knives, bows, throwing stars, nunchucks, bo staff, swords, clubs, cannons, etc. If the client does not notify Aspynn Tabor Photography prior to the shoot, they will not be permitted to utilize the weapon in the shoot. All weapons photography must be taken on the Client's private property. All ranged weapons must be unloaded during and immediately surrounding the session.
Private Property Clause: Aspynn Tabor Photography will not trespass onto private property. The owner of the private property must be in attendance at the Client's session. Aspynn Tabor Photography will not cross over hunting steps, ladders, t-post steps, fences, gates, or go through stiles, cattle guards, doors, or pass signs indicating private property, or pass through any area that may include private property without the owner's specific consent. Aspynn Tabor Photography will not photograph the Client on train tracks or in private fields with wind turbines. The Client assumes any and all liability by knowingly taking Aspynn Tabor Photography on any private property.
Indemnification Clause: Aspynn Tabor Photography shall be held harmless for any and all injury to the Client and Client's party during the course of the photography session and the immediately surrounding events.
Contact Clause: Aspynn Tabor Photography will accept texts, emails, scheduled calls, and messages between the hours of 9 in the morning to 5 in the evening on most weekdays: Monday, Tuesday, Wednesday, Thursday, and Friday. Aspynn Tabor Photography may make announcements on Instagram or Facebook if the Photographer's hours will be effected for rest days, vacations, etc. The Client will be responsible for noting the announcements. Aspynn Tabor Photography will return the Client's message as quickly as the Photographer's schedule allows.
Failure to Perform Clause: If Aspynn Tabor Photography totally fails to perform this contract by not returning any images due to fire, flood, vehicular accident, casualty, fatality, act of God, force majeure, or other cause beyond the control of the Photographer, then the Photographer shall refund all monies paid by the Client, but shall have no further liability with respect to this agreement. In the unlikely occurrence of an illness or injury that prevents Aspynn Tabor Photography from photographing the session, the Photographer will promptly inform the Client of this and, depending on the Client’s decision at that time either:
A. refund the retainer and any other monies paid toward the total amount of this contract and shall have no further liability with respect to this agreement.
B. find an alternative date that is agreed upon by Aspynn Tabor Photography & the Client and fulfill this contract on the new, mutually agreeable date.
Event Clause: If Aspynn Tabor Photography arrives on location and determines that the session scheduled is an event such as a reunion, party, elopement, wedding, etc. and the Photographer was not notified prior to the signing of this contract, there will be a $250 event fee plus $500 per hour beginning the first hour Aspynn Tabor Photography is at the session on top of the nonrefundable date retainer and/or travel fee paid by the Client at the time of signing this contract. If additional people are included in the session than originally stated by the Client, there will be a fee of $25 per additional person.
Payment Clause: All payments and fees must be paid in full before the Client will receive any images from the session, including a full gallery or a sneak peak.
All retainers will be paid by credit/debit card through a provided SumUp link upon completion of this form.
Retainer must be paid for date to be reserved.
All payments must be made in form of cash, check, or debit/credit card through SumUp, excluding the retainer.
Any refunds will be made by Aspynn Tabor Photography to the Client through money order ONLY.
I look forward to working with you!
By filling out the form below, I (the Client) acknowledge that I have read and agreed with all the terms and clauses stated above. My typed name in the form below qualifies as an electronic signature making this contract between Aspynn Tabor Photography and the Client legally binding.
I (the Client) acknowledge that I am 18 years of age or older and/or have parental consent, being fully informed by the Client of this contract, to electronically sign this contract.