Terms and Conditions
These terms and conditions are between you, "Client," and Allison Hegan Photography, "Photographer."
Your booking date is yours once you have signed the bottom of this form and paid your retainer. Please also note that by signing the contract and paying the retainer you are agreeing to the Terms and Conditions detailed below.
General Session Requests
It is strongly encouraged that you arrive 15 minutes prior to the start of your session. This allows for any last-minute needs before the session begins. Check appearance for combed hair, clean face and teeth, and runny noses or eyes.
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between Client and Photographer, including a written agreement. The Photographer will not continue if there are other cameras or video taping during the session.
Children & Pets
Please do not bring any children not being photographed to the session. For children and pets being photographed, the Photographer cannot be held responsible if children and/or pets are uncooperative during a photo shoot, and it is not possible to capture all the images requested or envisioned.
Payment
A non-refundable retainer of $50 is required at the time of booking and goes toward the cost of your session. Paying the retainer and completing this questionnaire will confirm your booking. *The remaining balance plus tax is due in full on the day of the photo session. This can be paid in cash or through Square credit card payment.* Images will not be processed or delivered until payment in full is received. If Client has arranged a payment plan, the images will be processed and delivered after the final payment has been received.
Session Fee
The session fee covers the time and talent of Photographer; creative editing of images, as determined by the Photographer; and a set number of images (amount depends on session selected). Additional editing is available at additional expense to be determined by Photographer.
Additional digital images not included in the package and professional quality wall art, photobooks, and prints will be available for purchase.
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.
Creative fee covers travel within 20 miles of Photographer's home base. Any location outside of these limits will be subject to an additional charge of $0.63/mile (to and from the location minus the 20 miles already included) plus a $100 fee as part of the agreement. A custom fee will be determined for locations more than 1.5 hours drive outside of Photographer's home base.
Rescheduling & Cancellation
If an illness or situation prevents a photo session from taking place, the Client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, decides to completely cancel the shoot, or does not show up to the shoot, the non-refundable retainer of $50 is forfeited and will not be refunded.
Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control and will provide as much notice as possible.
Late Arrivals
Late arrivals will be charged the full price of the session but cannot unfortunately be guaranteed their full shoot time.
Outdoor Sessions
Outdoor sessions may be occasionally postponed due to the unpredictability of Scottish weather. The Photographer will always try to reschedule at a mutually convenient date and time. This also applies to sickness or any other unforeseen circumstances that cause the photo shoot to be postponed by either party.
Social Media Sharing
The Photographer may share session on social media, unless requested not to..
Artistic License
The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographer's judgement regarding the location, poses and number of images taken shall be deemed correct. Due to the unpredictability of the weather and the willingness of subjects, it may not be possible to capture all the images requested or envisioned.
The Photographer reserves the creative right to edit and release only images deemed fit as professional in quality and within artistic standards. Each individual image is processed to the Photographer’s quality standards and editing style.
Delivery of Photographs
Client digital images may take 2-3 weeks to be fully edited and delivered from the session date. Should the Client need the images sooner, please do not hesitate to contact the Photographer to see if an earlier schedule of delivery is possible. You will receive an email notifying you that your gallery is ready to view.
All images will be delivered via an online digital gallery platform, Pixieset. Images must be downloaded from Pixieset only. Sessions delivered via Pixieset are only limited to be accessed within 30 days of the gallery being delivered. If this is a concern or there are technical issues, please contact the Photographer immediately so she can work on successfully getting your images delivered to you.
*PLEASE do not edit the delivered images or apply any filters or presets from ANY program or social media to the images; it would be considered a breach of this contract. If you are requiring any additional edits or changes to the images, the Photographer would be happy to discuss and possibly do so PRIOR to any images being downloaded, or saved.*
Once images have been downloaded or saved, no additional edits will be provided. Client downloading, sharing, or saving the session in any way is an agreement that Client is satisfied with images and final session result.
Prints, Wall Art, & Albums
Professional wall art, prints, and heirloom albums will be available for purchase through Allison Hegan Photography to maintain professional level of quality and service. Though you are able to choose a third party printer for the digital images purchased, the Photographer will not accept responsibility for issues of cropping, color balance and quality when third party printers are used.
Digital Files
The RAW and digital files shall remain the property of The Photographer. Raw or unedited images will not be issued in any circumstances.
Damage & Loss
The Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit. Client assumes all responsibility for the safety of all portraits upon receipt. Upon downloading the images, long-term digital image storage becomes the Client’s responsibility and the Client releases the Photographer from any expectation or requirement that images be stored or saved past 90 days of gallery delivery.
Storage of Images
Original digital images will be stored electronically by the Photographer for a period of 90 days, after which time they may be subject to deletion without notice. It is the responsibility of the Client to save and backup their images. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
Copyright & Reproduction
The Photographer retains the copyright to all images, and ownership of the images will indefinitely be the property of the Photographer.
The images that you have purchased (downloaded after payment) are licensed to you for any reasonable personal and business purposes, including but not limited to: printing, copying, emailing, and web publishing. The Client agrees that he/she/they may not use any Allison Hegan Photography images for commercial or editorial purposes or enter any Allison Hegan Photography images into competition without the express written permission of Allison Hegan. The Client will also not alter the image in any way apart from cropping.
Clients cannot give licensed images to a third party in order for those photos to be used to promote that third party. If Client is interested in providing images to a third party for third party promotion, the Client must contact the Photographer and receive permission in writing. Photographer reserves the right to determine the conditions for such use.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Allison Hegan Photography during Client’s photo session. This applies to sneak peek images, images posted in an online proofing gallery, blog, Facebook, Instagram, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Liability
The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for any children present and for themselves and release Photographer from any claims against their person or their business.
The Photographer owns high quality equipment (camera, lenses, memory cards, computer, etc.) to photograph and process the Client’s images. However, malfunctions can occur through circumstances beyond control. The Photographer will not/cannot be held accountable or liable for any images lost or damaged including but not limited to equipment malfunction, natural disasters, technical errors, or computer malfunctions etc. Should a significant number of images be lost for circumstances beyond control, another session can be scheduled at a time and place mutually agreed upon by the Photographer and Client.
The Photographer will make sure with every effort to keep your images safe following your photoshoot. This is done through immediately uploading them to an external hard drive and a cloud service. However, there is a small possibility of technical failure. In this unlikely event, the liability will be limited to a total refund to date and an offer of 20% off the price of a reshoot. The Photographer will make every effort to re-take the photographs if this unlikely event was to happen.
After delivery of the digital images, it is the Clients’ responsibility to save their images. It is recommended that client's back up digital images to two locations (e.g. external hard drive, laptop, memory card, cloud, etc.).
Health & Safety
The Client is responsible for themselves, their family members'/children’s/guests'/pets' safety during the photoshoot. The client must ensure that a responsible adult other than the Photographer is present at all times supervising children.
Unforeseen Circumstances Experienced by the Photographer
In the event of circumstances beyond the Photographer's control (i.e. sudden illness/injury of herself or a family member, natural disaster, etc.) the Photographer's liability shall be limited to a full refund of any retainer and fees paid. All attempts will be made to arrange for an alternate shoot date.
Model Release
*The Photographer utilizes social media sites and her website as a way to offer sneak peeks and photo sharing. In order to post the photos from this session to any type of online account such as social media sites or utilize photos in any way for advertising, client examples, or sharing, a model release is required.*For valuable consideration received, the Client grants to Photographer the absolute and irrevocable right and unrestricted permission concerning any photographs that she will take during this session to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration.
The Client releases and discharges the Photographer from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, as well as the person(s) for whom she took the photographs.
The Client gives the Photographer the absolute and irrevocable right and permission with respect to the photographs that she has taken of them and/or their minor child(ren) in which he/she/they may be included with others:
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; Client 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.
Questions? Contact Allison at allison.hegan.photography@gmail.com
Your booking date is yours once you have signed the bottom of this form and paid your retainer. Please also note that by signing the contract and paying the retainer you are agreeing to the Terms and Conditions detailed below.
General Session Requests
It is strongly encouraged that you arrive 15 minutes prior to the start of your session. This allows for any last-minute needs before the session begins. Check appearance for combed hair, clean face and teeth, and runny noses or eyes.
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between Client and Photographer, including a written agreement. The Photographer will not continue if there are other cameras or video taping during the session.
Children & Pets
Please do not bring any children not being photographed to the session. For children and pets being photographed, the Photographer cannot be held responsible if children and/or pets are uncooperative during a photo shoot, and it is not possible to capture all the images requested or envisioned.
Payment
A non-refundable retainer of $50 is required at the time of booking and goes toward the cost of your session. Paying the retainer and completing this questionnaire will confirm your booking. *The remaining balance plus tax is due in full on the day of the photo session. This can be paid in cash or through Square credit card payment.* Images will not be processed or delivered until payment in full is received. If Client has arranged a payment plan, the images will be processed and delivered after the final payment has been received.
Session Fee
The session fee covers the time and talent of Photographer; creative editing of images, as determined by the Photographer; and a set number of images (amount depends on session selected). Additional editing is available at additional expense to be determined by Photographer.
Additional digital images not included in the package and professional quality wall art, photobooks, and prints will be available for purchase.
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.
Creative fee covers travel within 20 miles of Photographer's home base. Any location outside of these limits will be subject to an additional charge of $0.63/mile (to and from the location minus the 20 miles already included) plus a $100 fee as part of the agreement. A custom fee will be determined for locations more than 1.5 hours drive outside of Photographer's home base.
Rescheduling & Cancellation
If an illness or situation prevents a photo session from taking place, the Client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, decides to completely cancel the shoot, or does not show up to the shoot, the non-refundable retainer of $50 is forfeited and will not be refunded.
Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control and will provide as much notice as possible.
Late Arrivals
Late arrivals will be charged the full price of the session but cannot unfortunately be guaranteed their full shoot time.
Outdoor Sessions
Outdoor sessions may be occasionally postponed due to the unpredictability of Scottish weather. The Photographer will always try to reschedule at a mutually convenient date and time. This also applies to sickness or any other unforeseen circumstances that cause the photo shoot to be postponed by either party.
Social Media Sharing
The Photographer may share session on social media, unless requested not to..
Artistic License
The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographer's judgement regarding the location, poses and number of images taken shall be deemed correct. Due to the unpredictability of the weather and the willingness of subjects, it may not be possible to capture all the images requested or envisioned.
The Photographer reserves the creative right to edit and release only images deemed fit as professional in quality and within artistic standards. Each individual image is processed to the Photographer’s quality standards and editing style.
Delivery of Photographs
Client digital images may take 2-3 weeks to be fully edited and delivered from the session date. Should the Client need the images sooner, please do not hesitate to contact the Photographer to see if an earlier schedule of delivery is possible. You will receive an email notifying you that your gallery is ready to view.
All images will be delivered via an online digital gallery platform, Pixieset. Images must be downloaded from Pixieset only. Sessions delivered via Pixieset are only limited to be accessed within 30 days of the gallery being delivered. If this is a concern or there are technical issues, please contact the Photographer immediately so she can work on successfully getting your images delivered to you.
*PLEASE do not edit the delivered images or apply any filters or presets from ANY program or social media to the images; it would be considered a breach of this contract. If you are requiring any additional edits or changes to the images, the Photographer would be happy to discuss and possibly do so PRIOR to any images being downloaded, or saved.*
Once images have been downloaded or saved, no additional edits will be provided. Client downloading, sharing, or saving the session in any way is an agreement that Client is satisfied with images and final session result.
Prints, Wall Art, & Albums
Professional wall art, prints, and heirloom albums will be available for purchase through Allison Hegan Photography to maintain professional level of quality and service. Though you are able to choose a third party printer for the digital images purchased, the Photographer will not accept responsibility for issues of cropping, color balance and quality when third party printers are used.
Digital Files
The RAW and digital files shall remain the property of The Photographer. Raw or unedited images will not be issued in any circumstances.
Damage & Loss
The Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit. Client assumes all responsibility for the safety of all portraits upon receipt. Upon downloading the images, long-term digital image storage becomes the Client’s responsibility and the Client releases the Photographer from any expectation or requirement that images be stored or saved past 90 days of gallery delivery.
Storage of Images
Original digital images will be stored electronically by the Photographer for a period of 90 days, after which time they may be subject to deletion without notice. It is the responsibility of the Client to save and backup their images. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
Copyright & Reproduction
The Photographer retains the copyright to all images, and ownership of the images will indefinitely be the property of the Photographer.
The images that you have purchased (downloaded after payment) are licensed to you for any reasonable personal and business purposes, including but not limited to: printing, copying, emailing, and web publishing. The Client agrees that he/she/they may not use any Allison Hegan Photography images for commercial or editorial purposes or enter any Allison Hegan Photography images into competition without the express written permission of Allison Hegan. The Client will also not alter the image in any way apart from cropping.
Clients cannot give licensed images to a third party in order for those photos to be used to promote that third party. If Client is interested in providing images to a third party for third party promotion, the Client must contact the Photographer and receive permission in writing. Photographer reserves the right to determine the conditions for such use.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Allison Hegan Photography during Client’s photo session. This applies to sneak peek images, images posted in an online proofing gallery, blog, Facebook, Instagram, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Liability
The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for any children present and for themselves and release Photographer from any claims against their person or their business.
The Photographer owns high quality equipment (camera, lenses, memory cards, computer, etc.) to photograph and process the Client’s images. However, malfunctions can occur through circumstances beyond control. The Photographer will not/cannot be held accountable or liable for any images lost or damaged including but not limited to equipment malfunction, natural disasters, technical errors, or computer malfunctions etc. Should a significant number of images be lost for circumstances beyond control, another session can be scheduled at a time and place mutually agreed upon by the Photographer and Client.
The Photographer will make sure with every effort to keep your images safe following your photoshoot. This is done through immediately uploading them to an external hard drive and a cloud service. However, there is a small possibility of technical failure. In this unlikely event, the liability will be limited to a total refund to date and an offer of 20% off the price of a reshoot. The Photographer will make every effort to re-take the photographs if this unlikely event was to happen.
After delivery of the digital images, it is the Clients’ responsibility to save their images. It is recommended that client's back up digital images to two locations (e.g. external hard drive, laptop, memory card, cloud, etc.).
Health & Safety
The Client is responsible for themselves, their family members'/children’s/guests'/pets' safety during the photoshoot. The client must ensure that a responsible adult other than the Photographer is present at all times supervising children.
Unforeseen Circumstances Experienced by the Photographer
In the event of circumstances beyond the Photographer's control (i.e. sudden illness/injury of herself or a family member, natural disaster, etc.) the Photographer's liability shall be limited to a full refund of any retainer and fees paid. All attempts will be made to arrange for an alternate shoot date.
Model Release
*The Photographer utilizes social media sites and her website as a way to offer sneak peeks and photo sharing. In order to post the photos from this session to any type of online account such as social media sites or utilize photos in any way for advertising, client examples, or sharing, a model release is required.*For valuable consideration received, the Client grants to Photographer the absolute and irrevocable right and unrestricted permission concerning any photographs that she will take during this session to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration.
The Client releases and discharges the Photographer from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, as well as the person(s) for whom she took the photographs.
The Client gives the Photographer the absolute and irrevocable right and permission with respect to the photographs that she has taken of them and/or their minor child(ren) in which he/she/they may be included with others:
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; Client 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.
Questions? Contact Allison at allison.hegan.photography@gmail.com
