Terms and Conditions

TERMS AND CONDITIONS

The services to be provided under this agreement are as follows:

Your photography session pays for a 1 ½ to 2 – hour portrait session, the Photographer's time, editing of the images, meeting with the client for image review, ordering and delivering prints when applicable. No appointment is confirmed until deposit has been received.

The Lifestyle or Family Photography session comes with at least 25 digital images, (3) three-month password protected online gallery with those same 25 images for a total of $299.

The Photographer selects the images included in the base photography session. However, client has the option to add additional product packages.

1. RETAINER AND PAYMENT. Unless stated otherwise, the Client shall make a non-refundable retainer in the amount of 50% of the session fee for the Photographer of ANGELA MARBLEY PHOTOGRAPHY (the “Photographer”) to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by ANGELA MARBLEY PHOTOGRAPHY when paid, and is remitted in consideration of the experience, artistic vision, skill of Photographer and in consideration of the inability of Photographer to schedule other clients during this time. No products shall be delivered until the entire amount is paid in full.

2. CANCELLATION. ANGELA MARBLEY PHOTOGRAPHY agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed above (the “Session Date”) for performance of the services listed above (the “Photography Session”). For this reason, in the event that CLIENT breaches, repudiates, or cancels this Agreement for any reason, all monies paid shall be retained by ANGELA MARBLEY PHOTOGRAPHY, in order to offset its loss of business. In all circumstances, all sales are final and all payments are non-refundable.

3. RESCHEDULING. In the event that Client requests to reschedule the Session Date, the retainer shall be applied to a mutually agreed upon rescheduled session date and time if written notice is given to ANGELA MARBLEY PHOTOGRAPHY at least 1 day prior to the Session Date. If Client provides less than 1 days’ notice, Client will be charged $50.00 upon rescheduling. Only one date change /reschedule per Session Date. Reschedule must be within the same calendar year.

4. LATE ARRIVALS/NO SHOWS. If Client is late arriving to the Photography Session, the amount of time late will be deducted from the time allotted for the Session Date. Clients shall not be compensated for the time deducted from the Photography Session due to the late arrival of the Client. If Client fails to arrive to the Photography Session within the allotted time for the Session Date, all monies paid is forfeited and there will be no available options to reschedule (unless, under ANGELA MARBLEY PHOTOGRAPHY discretion, the reason for Client’s no show was an emergency).

5. COMPLETION SCHEDULE. Completion schedules and delivery of products shall be determined from the date of final approval by Client. Third-party manufacturing laboratories are utilized for printed products and may provide restrictions on an order not outlined in this agreement.

Digital Products shall take 1-2 WEEKS from the date of final approval by Client to be received by the Photographer.
Printed Albums shall take 4-6 WEEKS from date of final design approval by Client to be received by the Photographer.

ANGELA MARBLEY PHOTOGRAPHY shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

6. CREATIVE CONTROL. Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps.

7. ARTISITC RIGHTS. ANGELA MARBLEY PHOTOGRAPHY retains the right of discretion in selecting the photographic materials released to Client and is under no obligation to show more. Unretouched proofs are never presented or sold to clients. ANGELA MARBLEY PHOTOGRAPHY has no further obligation towards image manipulation once the final product has been ordered.

8 PHOTOGRAPHIC MATERIALS. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of ANGELA MARBLEY PHOTOGRAPHY. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

9. ONLINE PRODUCT SESSIONS. ANGELA MARBLEY PHOTOGRAPHY shall make gallery proofs available online to show proofs. These proofs shall be available to the Client within 1 week of the photographic event. All sales are final and returns for refund or exchange will not be accepted.

Payment for product orders shall be submitted to ANGELA MARBLEY PHOTOGRAPHY at the time of the order, whether via in-person or product session.

10. LIMIT OF FILE STORAGE. ANGELA MARBLEY PHOTOGRAPHY may destroy, delete, or otherwise erase all photos from your session (3) three months after delivery of your order. She may choose to keep the photos you purchase for a limited time after your order; however, images should never be expected to be kept longer than 90 days.

11. COPYRIGHT AND REPRODUCTIONS. All products produced under this Agreement are protected by US Copyright Law. ANGELA MARBLEY PHOTOGRAPHY shall own the copyright in all images created under this Agreement.

It is understood that any duplication or alteration of original images, without the written permission of ANGELA MARBLEY PHOTOGRAPHY, is strictly prohibited under Title 17, section 102 of the United States Code. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. ANGELA MARBLEY PHOTOGRAPHY DOES provide the Client permission to resize photographs for Internet-based usage.

Further, the client hereby allows ANGELA MARBLEY PHOTOGRAPHY to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

12. SOCIAL MEDIA. Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. Client shall acknowledge ANGELA MARBLEY PHOTOGRAPHY in the caption of all photographs uploaded to social media websites and profiles.

13. FAILURE TO PERFORM. If ANGELA MARBLEY PHOTOGRAPHY is unable to perform the services under this Agreement due to illness, emergency, fire, casualty, strike, an act of God or causes beyond the control of ANGELA MARBLEY PHOTOGRAPHY, ANGELA MARBLEY PHOTOGRAPHY and Client shall make every attempt to reschedule the Photography Session. If a reschedule is unable to be agreed upon, ANGELA MARBLEY PHOTOGRAPHY shall return the retainer to Client and shall have no further liability. Further, if ANGELA MARBLEY PHOTOGRAPHY is unable to deliver photographic materials due to technological malfunctions, including but not limited to, camera and processing, or otherwise lost or damaged without fault of ANGELA MARBLEY PHOTOGRAPHY, ANGELA MARBLEY PHOTOGRAPHY’s liability shall be limited to the return of all monies paid to ANGELA MARBLEY PHOTOGRAPHY by Client. The limit of liability for partial loss of digital media/originals shall be a prorated amount of the exposures lost based on the total number of originals.

14. STANDARD PRICE LIST. The charges in this Agreement are based on the ANGELA MARBLEY PHOTOGRAPHY’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed, subject to prior notice to Client.

15. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to ANGELA MARBLEY PHOTOGRAPHY’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

16. INDEMINICATION. ANGELA MARBLEY PHOTOGRAPHY shall be held harmless for any and all injury to Client during the course of the Photography Session and the immediately surrounding events. ANGELA MARBLEY PHOTOGRAPHY shall be held harmless for any and all economic, reputational, or any other damages to Client resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. Client agrees to defend and indemnify ANGELA MARBLEY PHOTOGRAPHY for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. Client further agrees to defend and indemnify ANGELA MARBLEY PHOTOGRAPHY for any and all legal claims caused by intentional or negligent acts of Client.

17. ENTIRE AGREEMENT. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.

18. WAIVER. Any waiver of a breach or default of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or default of either the same provision or any other provision of this Agreement.

19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Texas.

20. ATTORNEY’S FEES. If either party to this Agreement brings a legal action, including, but not limited to litigation or arbitration, against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

21. CONSTRUCTION. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

22. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.