Terms and Conditions
LIMITATION OF LIABILITY
If Mangetsu Photo cannot perform this agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, including but not limited to, road closures, severe traffic or other causes beyond the control of the parties or due to Photographer’s illness or injury, then Photographer will re-schedule shoot for a later date. If photographer is not able to schedule for a later date, Photographer will return all fees to the Client(s), less expenses, but shall have no further liability with respect to this 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 Photographer. Client agrees that portrait sessions can be re-scheduled for a later date.
BOOKING & RETAINER FEE
100% of the cost of the session fee reserves your date and is non-returnable. This retainer fee buys your date and ensures that the studio will not book anyone else for the same day or time. Since mini-sessions are a custom event with limited openings, this retainer fee is non-refundable.
Sessions are booked back to back and are often sold out. Client is asked to arrive at least 15 minutes prior to scheduled session time. If Client arrives late, Photographer may not be able to accommodate them at a different time. No money will be reimbursed for missed appointments.
RESCHEDULES & CANCELLATION
The purchase of the booking fee buys your specific time slot on the date requested. Dates are limited and booked quickly. Because the Photographer can book no other person on your scheduled time, 48 hours advance notice must be given to request a change of date/time. If less than 48 hours notice is given, a rescheduling fee of $25 must be paid to reserve a new date/time. If rescheduled date is also missed, the rescheduling fee will be forfeited and a new rescheduling fee must be paid to reserve a new date. Rescheduled date/time must be for the same mini session event. It can not be transferred to a different mini session event. Sessions are booked first come first serve and no guarantee can be made that your preferred date will be available. In the event of a reschedule, especially during peak season, dates are often booked solid several months out. In the event of a reschedule, photographer cannot be held liable in the event that a new date is not available for Client for several weeks or months. Cancellation must be in writing even if a phone call is made to inform Mangetsu Photo of the cancellation. No money will be returned in event of a cancellation on part of the Client.
In most cases, sessions continue rain or shine! Sessions are not to be cancelled or rescheduled due to inclement weather forecast until 1 hour prior to scheduled session time, or event start time. Sessions will still proceed in the event that there is light or scattered rain or snow. Sessions are booked first come first serve and no guarantee can be made that your preferred date will be available. In the event of heavy rain, the mini session event may be rescheduled for another time and an effort will be made to ensure every participant can attend the new event date. In the event of a reschedule for a date Client can not attend, the photographer may elect to allow Client to attend a future mini session event within 1 year. Photographer cannot be held liable in the event that a new date is not available for Client for several weeks or months.
Title (possession) of and copyright to all images and products shall remain with Mangetsu Photo. All photos are copyrighted. The negatives and/or digital images (hereinafter collectively “images”) created by Mangetsu Photo, any staff, and/or subcontractor(s) remain the property of Mangetsu Photo in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format or reproduction. It is illegal to copy, scan, reproduce, or post online or in forums elsewhere without the written permission of Mangetsu Photo. It is understood that the photographer has rights to proofs, final or sample prints, thereof shall remain the property of the Photographer and may be used for advertising, display or any other purpose thought proper by the Photographer. The Client has the right to create reprints for personal purpose only. In the event that express, written permission is granted for Client, Client agrees to attach credit to any image owned by Mangetsu Photo that is published, or printed in any form, including posting in any online form, including but not limited to personal or professional websites, blogs, or forums. Violators of this federal law will be subject to civil and criminal penalties.
Any images posted online are a representation of the photographer’s brand and business and therefore all images must be posted in the original color profile and format provided to the client. Client agrees to attach photographer credit to any image owned by and representing Mangetsu Photo, any and every time an image is posted on social media sites. Please provide credit to @mangetsuphoto. Photographer may, at any time, ask client to remove an image if it is not posted in a way representative of the photographers’ brand, or if it fails to have credit attached.
The undersigned hereby give permission to Mangetsu Photo for the unrestricted use of their photographic likeness, as well as any and all photographic images of their session participants, children, including minors, created by Mangetsu Photo, in all forms and media for advertising, marketing, trade, and any other lawful purpose. Clients further forever release Mangetsu Photo from any and all claims or actions arising out of or in conjunction with the use of said images. Usage rights may be modified or transferred at the Photographer’s discretion for a fee and those rights must be outlined and attached to this contract.
A print release is provided with the purchase of any digital image. The Client is allowed to print the digital images at home or through another consumer print lab, etc. If the Client does not choose to order prints or products through Mangetsu Photo and his professional labs, the photographer is not responsible for the image or product quality or outcome of the final printed product. All products ordered through the photographer’s professional labs are individually checked for color calibration, clarity, and sharpness based on the individual lab specifications.
Mangetsu Photo endeavors to use archival materials and printmaking methods, but no guarantee is made concerning the archival nature of albums, products, or prints. Client is aware that color dyes in photography may fade over time due the inherent qualities of dyes, and Client releases Mangetsu Photo from any liability from claims whatsoever based upon fading or discoloration due to such inherent quality.
Images are edited at the photographer’s sole discretion, and delivered prints may not include all images shot. Mangetsu Photo reserves the creative right to edit and release only those images deemed creditable as professional in quality and within Mangetsu Photo’s artistic standards.