Every business has policies to keep communication clear and put everyone on the same page about how things will work. This agreement is between Lynn Clark Studios, LLC, (“I” and “me”), and the client signing the document (“you”). Please carefully read this document, then sign it to indicate you’ve read and agree to follow these policies. **By paying the session fee, you agree to these terms and conditions.**
BOOKING YOUR APPOINTMENT
To hold your date, you agree to pay the session fee. **The session fee is a nonrefundable reservation fee.** Once you've paid, I will not book other sessions at your date and time.
CANCELLATION, RESCHEDULING AND NO SHOWS
If you RESCHEDULE or CANCEL your portrait session or FAIL TO ATTEND your session for any reason and at any time, I will suffer losses that are difficult to ascertain. For that reason, if you reschedule your appointment within 72 hours of your session time, cancel it outright or fail to attend, you will forfeit your reservation fee. This fee is paid to me as liquidated damages and not as a penalty. You and I agree that the fee amounts stated below are reasonable.
Weather & Other Contingencies
If you choose to have your photography session in an outdoor location, weather may be a factor. We'll need to reschedule your appointment in the case of snow, rain or moderate wind, or move your session to an indoor location. If we need to reschedule (even on the same day), there's no penalty.
WARDROBE AND STYLING
I may book hair, makeup and wardrobe stylists on your behalf. You will pay them directly at the time of service. I may also give you advice about what to wear. You are ultimately responsible for approving all personal styling from head to toe before your photography session starts. No reshoots are available if you decide you don’t like your outfit, hair or makeup. You will pay these service providers directly.
If you choose to have your portrait session done at a site that requires a license or fee, you are responsible for paying that fee or admission for everyone who will be attending the portrait session. It is your responsibility to know whether a license, fee or admission is required.
I want to ensure that you see only my best work, and the images that show you at your best. Deciding which photos to show you is part of my artistic process. The number of images and specific images presented is at my discretion.
PHOTO EDITING AND RETOUCHING
Every photo you are presented will be corrected for exposure, white balance, sharpness, brightness and contrast. I will also retouch undereye shadows and blemishes. Additional retouching may incur an additional charge. I do not release unedited or raw images.
ORDERING YOUR PHOTOS
I will upload your finished images to an online gallery and shopping cart within 5 business days after your session. This gallery will be available to you for 30 days. You will be able to select your favorite image/s and download them immediately. After your gallery expires, I may choose to charge a small fee to un-archive it for you.
I collect sales tax on all a la carte product sales. The sales tax includes Colorado state, RTD, SCFD, Arapahoe County and City of Aurora.
All photographs produced during your photography session are protected by US Copyright Law. I am the sole owner and copyright holder of every image taken under this contract. Any unauthorized use of the photographs I make during your portrait session will be prosecuted to the full extent of the law. Please note that any reproduction of my work, including taking screenshots or photos of finished items, is a violation of Copyright Law. Please note that any unauthorized altering and display or my work without my express written permission is in violation of Copyright Law.
DIGITAL IMAGES AND LIMITED USE RELEASE
When you purchase digital photographs, you receive a limited use commercial release. Your release will be included with your purchased images.
Please note that, other than cropping to fit specific social media photo dimensions or print photo dimensions, you may not change your photograph in any way, including but not limited to changing the color, adding Instagram or other filters, making edits in Photoshop or other photo editing software, subtracting elements or re-editing.
LIMIT OF LIABILITY
I will make every effort to provide high-quality photography services. I take the utmost care with respect to exposure, transportation and processing of photographs, using professional equipment and backup equipment.
In the unlikely event that your photographs are lost, stolen destroyed for reasons beyond my control, I will photograph you again if possible. If a re-shoot is not possible, my liability is limited to the return of all payments you’ve made to me, including the reservation fee. The limit of liability shall not exceed payments you have made.
PHOTO USE IN MARKETING AND ADVERTISING
You grant me and any stylist associated with your session permission and unrestricted rights to publish photographs taken during your photography session, in any media or venue, including but not limited to website and blog, studio displays, advertising, marketing pieces, social media and photography competitions.
LIMIT OF FILE STORAGE
I may delete, destroy or erase image files at any time and without notice. I recommend that you create multiple backup copies of any digital products and store them in a secure place.
This agreement between Lynn Clark Studios, LLC, and the client, named below is governed by the laws of the State of Colorado. Any disputes will be handled through arbitration.
I have read and accept the terms and conditions stated above. I am legally allowed to enter into binding contracts. I authorize this contract to be valid approval for photography sessions without additional signed contracts or written authorization.