Agreement
Welcome to Serenity Studios! By accessing our website and using our photography services, you agree to be bound by these Terms and Conditions ("Terms"), all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or using our services. The materials contained in this website are protected by applicable copyright and trademark law.
1. Definitions
- "Serenity Studios" refers to Serenity Studios, located at 42 Oak Street, Suite 200, Anytown, CA 91234, including its employees, directors, and affiliates.
- "Client" refers to any individual or entity that engages Serenity Studios for photography services.
- "Services" refers to all photography services provided by Serenity Studios, including but not limited to portraits, weddings, events, and commercial photography.
- "Images" refers to all photographs and digital files produced by Serenity Studios.
2. Booking and Payment
A booking is considered confirmed once Serenity Studios receives a signed contract and a non-refundable deposit, typically 30% of the total package price. The remaining balance is due as outlined in the contract, usually prior to or on the day of the photography session or event. Serenity Studios accepts various payment methods, including credit cards, checks, and electronic transfers. Late payments may incur a late fee as specified in the contract. For wedding photography, it is highly recommended to book well in advance, especially for popular dates.
3. Cancellations and Rescheduling
If the Client cancels a photography session, the deposit is non-refundable. If Serenity Studios cancels due to unforeseen circumstances (e.g., illness, equipment failure), the Client will receive a full refund of all payments made or the option to reschedule the session at no additional cost. Rescheduling requests must be made at least 72 hours before the scheduled session. Serenity Studios will make reasonable efforts to accommodate rescheduling requests, subject to availability. If a reschedule is not possible, cancellation terms will apply. Weather-related reschedules are evaluated on a case-by-case basis.
4. Copyright and Usage Rights
Serenity Studios retains all copyright to the Images. The Client is granted a non-exclusive, limited license to use the Images for personal use, including printing and sharing on social media. Commercial use of the Images is prohibited without the express written consent of Serenity Studios. Any unauthorized use of the Images may result in legal action. Clients wishing to use the images for commercial purposes, such as marketing materials or advertising, need to obtain a commercial license agreement outlining the usage rights and fees.
5. Image Delivery and Archival
Serenity Studios will deliver the edited Images to the Client within the timeframe specified in the contract, typically via digital download or USB drive. Serenity Studios will archive the Images for a period of one year. After one year, Serenity Studios is not responsible for the loss or damage of the Images. Clients are encouraged to back up their digital files immediately upon receipt. Additional backup copies can be requested for a fee, subject to availability.
6. Model Release
The Client grants Serenity Studios the right to use the Images for promotional purposes, including website portfolios, social media, and marketing materials, unless otherwise agreed upon in writing. Clients who prefer their images not to be used for promotional purposes must inform Serenity Studios in writing prior to the photography session. Serenity Studios respects the privacy of its clients and will adhere to all applicable privacy laws. If the photography involves minors, explicit consent will be obtained from the parents or legal guardians.
7. Liability
Serenity Studios is not liable for any loss or damage to personal property during a photography session. While Serenity Studios takes precautions to ensure the safety of the Client and their property, the Client is responsible for their own safety and belongings. Serenity Studios is not responsible for any injuries sustained during the photography session, unless caused by gross negligence on the part of Serenity Studios. The client agrees to indemnify and hold Serenity Studios harmless from any claims, damages, or liabilities arising out of the photography session.
8. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this agreement if such failure is caused by acts of God, war, strikes, riots, fire, flood, earthquake, government regulations, or any other cause beyond the reasonable control of the party. In such circumstances, Serenity Studios will make reasonable efforts to reschedule the photography session or provide a refund, subject to the specific circumstances.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms and Conditions shall be resolved in the courts of Anytown, California.
10. Amendments
Serenity Studios reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on our website and will be effective immediately upon posting. It is the Client's responsibility to review these Terms and Conditions periodically for any updates or changes. Continued use of our services after any such changes constitutes acceptance of the new Terms and Conditions.
11. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Serenity Studios
42 Oak Street, Suite 200
Anytown, CA 91234
Email: [email protected]
Phone: (555) 123-4567
12. Session Details and Client Responsibilities
It is the responsibility of the client to arrive on time for the photo session. Late arrivals may result in a shortened session, or in some cases, cancellation without refund of deposit. The client is responsible for ensuring that all necessary permissions and consents are obtained for the location of the photoshoot, including permissions from property owners and guardians of any minors involved. Serenity Studios may provide guidance, but the final responsibility lies with the client. The client is also responsible for the care and safety of all participants in the photo session, particularly children.
13. Creative License
Serenity Studios retains the right to creative license with regards to posing, lighting, and artistic style. While the photographer will make every effort to accommodate the client's requests, the final creative decisions rest with the photographer. The client's preferences regarding general style and specific shots should be communicated prior to the session, but the photographer's artistic judgment will ultimately determine the final product. Clients are encouraged to view the photographer's portfolio to ensure that their style aligns with their expectations.
14. Digital Alterations
Serenity Studios provides standard retouching services, including color correction, blemish removal, and minor adjustments to lighting and contrast. Extensive alterations, such as body reshaping or adding/removing objects, may be subject to additional charges. The client should clearly communicate any specific retouching requests prior to the final editing process. Serenity Studios reserves the right to refuse alterations that are unethical or misrepresent reality. All retouched images will be provided in digital format, as per the agreed-upon package.
15. Termination of Services
Serenity Studios reserves the right to terminate services if the client engages in abusive or disrespectful behavior towards the photographer or staff, or if the client fails to adhere to the terms outlined in the contract. In the event of termination due to client misconduct, the deposit will not be refunded. Serenity Studios also reserves the right to terminate services if circumstances arise that make it unsafe or impossible to continue the photoshoot (e.g., severe weather, unsafe location). In such cases, a partial refund may be provided, depending on the extent of services already rendered.