Contract

NOTICE: If it gets closer to your session date and there is a large chance of rain or generally nasty weather, be aware that Aspynn Tabor Photography (I/the photographer) has a right to reschedule. The shoot will not be rescheduled at the suggestion of the client or prior to 1 hour before in Weatherford, OK shoots and 3 hours before nonlocal shoots. The session will not be rescheduled for wind/heat/cold. If we have recently arrived on location and the weather takes a turn for the worse, the Client and Aspynn Tabor Photography will discuss options for full or partial a reshoot. It is very inconvenient, but I want you to get the best pictures possible and it just doesn't happen on days like that. If the majority of your session is captured, Aspynn Tabor Photography is under no liability to provide an additional free shoot. 

 

After completion of editing, I will email/message/text you the link to your private online gallery which will be available for 2 weeks and will be removed after 2 weeks, unless contact is made with Aspynn Tabor PhotographyFrom there, you can download and print from any photo dealer. For legal purposes, Aspynn Tabor Photography will only send the gallery link to the email the Client specifies below. If you would like others to have access to your photos, it is up to you to forward them the email.

 

I do not provide a flash drive, unless one is provided by the client. I recommend only local Clients to bring and request a flash drive due to the failing of the flash drive and erasing of contents as it goes through the postal system.

 

By purchasing any photography package, the Client is submitting an electronic signature and agrees to all of the following clauses: 

 

Deposit and Payments: Clients are required to pay a retainer of the amount specified by the photographer based on the total amount quoted by Aspynn Tabor Photography to retain the specific, chosen date and Aspynn Tabor Photography to perform the services specified herein. If canceled by the Client, the Client forfeits the retainer. Retainers hold a single, specific day of services only, not the service itself. If the date must be changed on the Client's part for nonemergency, Aspynn Tabor Photography is under no liability to move the retainer to the newly chosen date. Another retainer must be made to hold the new date. If the date must be changed on the Client’s part due to sickness or emergency, Aspynn Tabor Photography shall make every effort to provide the contracted services on another date, but if unable to do so, the retainer shall be retained by Aspynn Tabor PhotographyIf the date must be changed on Aspynn Tabor Photography's part, the photographer shall make every effort to provide the contracted services but if unable to do so, the retainer will be refunded to the client.

 

Client will receive edited images in an online gallery that will be available for download at no extra cost for 2 weeks. After the 2 weeks, you may contact the photographer for gallery re-upload. However, the photographer is under no obligation to upload them immediately or free of charge. A $30 re-upload fee will be PayPal invoiced to the Client and must be paid before the re-upload. Aspynn Tabor Photography will store your images for a maximum of 6 months as a courtesy to the client. Aspynn Tabor Photography is not liable for retaining images after this time frame.

 

Mileage/Overnight Stay: All sessions will take place in the Weatherford, OK area unless otherwise agreed upon. A travel fee will be required in the deposit upfront. The Client will be notified if there are 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. 

 

Copyright Clause: Aspynn Tabor Photography owns the copyright to all images it makes during your session. The photographer shall only make reproductions for the Clients 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, she is allowed to post any images she so chooses to her website, Facebook, 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 also post to Facebook, etc but is required to give credit and tag Aspynn Tabor Photography in the description of the images. 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: Aspynn Tabor Photography may use the images, in any form, for any personal or commercial purpose. Client agrees to execute a more detailed model release if requested prior to the session. Client releases Aspynn Tabor Photography from any right in the image that Client may claim through it, and agrees that Aspynn Tabor Photography has an expressed right to use the image as stated above without any further compensation to the Client. Aspynn Tabor Photography is not obligated to notify the Client before making use of the images in any medium.

 

Scheduling: Aspynn Tabor Photography and Client will collaborate in all schedules and arrangements for services to be provided. The photographer will do everything in her power to schedule at date based on what the client has requested, but can make no promises that a date will be available until retainer is paid and session is scheduled. In the event of rescheduling, Aspynn Tabor Photography will do everything in her power to reschedule in a timely fashion, but can not make certain that specific dates will be available.  I understand that life happens, and I will try to be flexible as possible. If rescheduling based on the weather, and Aspynn Tabor Photography thinks that we will be unable to shoot, then a new day will be scheduled. If an emergency comes up on either the client or photographer's end, then a new day will be found or the deposit will be forfeited by the Client. If the Client requests a new day because of scheduling conflict or forgetting to put on calendar, then all deposits/monies will be forfeited and a new deposit must given to reschedule a new day.

Image Clause: Aspynn Tabor Photography works very hard to hand edit and only return the best quality of images. Therefore, the Client can expect to receive approximately 40 images per hour Aspynn Tabor Photography is photographing the Client. The Client may not request additional images without paying a fee of Aspynn Tabor Photography's choosing based on the circumstance, if applicable. 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. Aspynn Tabor Photography will retain the edited images returned to the client in her personal exterior hard drive for a maximum of 3 months after delivering the images to the Client. Aspynn Tabor Photography is not required to hold the images for longer than this time frame. Aspynn Tabor Photographer will not hold, retain, or keep unedited images from the clients session after the final gallery of images has been delivered.

Video Clause: Aspynn Tabor Photography is under no obligation or liability to capture/create a video or videos for the Client. If any video is captured/created/returned, it is simply a "thank you" 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, she is given a maximum of 3 months to return the images. Aspynn Tabor Photography normally returns the images in a matter of three weeks, however this is in case something beyond the photographers control occurs. Please be patient, as Aspynn Tabor Photography will always take 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 retains the right to edit images in any way she 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 they 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 you will receive in your photos as the Client. 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: Aspynn Tabor Photography represents that reasonable care is taken with respect to capturing, processing, storing and delivery of your 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:

A) Any photographic images 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 which case we shall reschedule at no extra charge, and no refunds.

Indemnification Clause: Aspynn Tabor Photography shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

 

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 clients 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 your session, we will promptly inform the client of this and, depending on the client’s decision at that time either:

A. refund the deposit 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 the contract on the new date.

Payment Clause: All payments 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 PayPal.

Aspynn Tabor Photography will message you for your PayPal email.

Retainer must be paid for date to be reserved.

All payments must be made in form of cash or check, excluding the retainer. 

 

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.

Thank you! I look forward to working with you!

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