BOOKING PROCESS AND SESSION FEE PAYMENT TERMS :The NON-REFUNDABLE SESSION FEE is due at time of booking and is required to reserve the photography session on the agreed upon date and time. This $75.00 fee is non-refundable even if the date and time is changed or in the event that the client cancels. Acceptable payment is by credit card, debit card, cash or check. The session fee compensates your Photographer for her time and talent and DOES apply towards your booked session. Prints, albums, artwork and other custom products are available to invest in separately during a complimentary in-person order session upon request. Session date and time is not officially reserved until both payment of non refundable session fee/deposit and contract is received.
SESSION RESCHEDULING/CANCELLATION: No refund policy for deposits or cancellations. If client wishes to reschedule they will have 30 days from the original session date before session expires. In the event of an expired session the client will not receive any type of refund or credit for future services with Frankum Photography and will have to book a new session.
ORDER SESSION GUIDELINES: A complimentary order session is included UPON REQUEST approximately 2-3 weeks post session date. During this 1 hour session, clients will receive help with designing and placing their order. Prints, albums, cards, metal wall art, canvases etc will be custom designed for your needs. All ordering of products will be taken care of through Frankum Photography. All payment for ordering custom prints, custom artwork and products will be due at the time of the complimentary order session.
TRAVEL FEES: If your desired location is more than 20 miles outside of the 28562 area code please request a custom quote as you may be responsible for Frankum Photography expenses including but not limited to mileage, parking, airline reservations, hotel reservations, local transportation and a per diem food stipend. Atlantic Beach, Emerald Isle, Beaufort will have a $50.00 Travel Fee added onto your session total. Please know this additional fee will be added on and will be paid before session date.
LOCATION ACCESS, FEES, PERMITS + HOUSE RULES: If client chooses to shoot at a location that charges for access or requires permits, they shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. Client shall also be responsible for organizing access to the location and any permits required for doing so.
WEATHER LIMITATIONS FOR SESSIONS: Frankum Photography does shoot outdoors with natural light and reserves the right to reschedule a session due to weather conditions including but not limited to rain, wind, snow, dust, extreme temperatures, etc. You will be contacted for a reschedule date. The non refundable $75.00 will go toward reschedule date as long as it is within 30 day period from original session date.
LATE ARRIVAL: Clients must arrive to their session at their scheduled start time. If client is late the session time will not be extended or rescheduled. Refunds or credits are not available.
EXCLUSIVE PHOTOGRAPHY RIGHTS: In order to provide the best service, no other photography (including videography) may take place during the photography session as this can interfere with lighting, create unnecessary distractions, shadows and even ruin a perfect image opportunity. Therefore, it is understood that upon contracting Alyssa Frankum as your photographer, that any and all other photographers and videographers, professional or otherwise, will not be allowed to neither interfere nor dictate photography during the contracted time.
ARTISTIC STYLE: Client acknowledges that Frankum Photography requires and retains discretion as to how its services shall be provided (e.g. lighting, lenses, etc.) Client is familiar with the photographer’s portfolio and is requesting services with knowledge of the photographer’s style, that their services are of a unique and artistic nature and is constantly evolving therefore images created may be different from images taken in the past.
IMAGE OUTCOME: Frankum Photography does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during the portrait session.
ALL SALES FINAL + CLIENT SATISFACTION: Frankum Photography has a no refund policy on all sessions, weddings and all business contracts. All sales are final. We use our website and Square to book all services. All photography products sold by Frankum Photography are custom and no refunds will be issued. Changes cannot be made to a completed product. Frankum Photography is not responsible for any redo charges if client dislikes a product for any other reasons besides defectiveness such as aesthetics, image changes, material changes, color changes etc.
COPYRIGHT AND IMAGE USE BY STUDIO: The photographs produced by Frankum Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without written consent of Frankum Photography. Frankum Photography owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to client or notification before use. As author of all images made hereunder and as provided by law, Frankum Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by client without written consent of Frankum Photography the client will be charged at (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions.
PRIVACY REQUEST Frankum Photography has the right to use any images taken by them for use in their portfolio and promotional advertising (see copyright & image usage for detail). Frankum Photography understands that some celebrities and clients wish to keep their images private. If privacy is requested, the client acknowledges and agrees that a privacy fee, whose sum is to be set at the discretion of Frankum Photography, will be added to the sitting fee to cover the monetary loss the artist may encounter for keeping the images private. Once paid, Frankum Photography agrees to not use the client’s images for any public use including their website portfolio and any online or print advertisement.
LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE: Frankum Photography grants a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in their online gallery if purchased ("Media").
WHAT YOU MAY DO:
WHAT YOU MAY NOT DO:
CULLING + EDITING+ RAW IMAGES: Frankum Photography retains complete control over the culling and editing process. After the session, each image is put through a careful selection process where photographer, Alyssa Frankum selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently during the culling process. Frankum Photography does not guarantee a number of images in client’s final image gallery. Selected images will be color corrected and edited for presentation. Frankum Photography retains complete control over which images are delivered in color and which images are delivered in black and white. During the retouching phase for images printed through Frankum Photography, the photographer will retouch any mark that will not be present in two weeks (i.e., acne, bruises etc.) Any additional client requested edits, including but not limited to, removal of scars, tattoos or birthmarks, removal of persons or things, body shaping, head swaps, etc. may be subject to additional retouching fees at the photographer’s discretion.
DIGITAL FILES AND ARCHIVAL OF IMAGES: Digital files will be available to view as an online gallery for 30 days and it is the client’s sole responsibility to download the files and archive them properly. After 30 days files will be deleted from the online gallery and from Frankum Photography ’s drive. Frankum Photography does not provide any type of digital file archival services and is in no way responsible for the loss or damage of files.
GIFT CERTIFICATES/CREDITS: Credits and gift amounts can be applied to current product and service menu only, which is subject to change at any time. Credits and gift certificates expire 12 months from date of purchase.
LIMIT OF LIABILITY: Frankum Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of images. However, in the event that the studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of the studio’s control or own negligence, the studio’s liability shall be limited to a refund of all payments made by client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images.
INDEMNIFICATION: To the fullest extent permitted by law, client agrees to defend, indemnify, and hold harmless Frankum Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by the client, their guests, agents and any vendors. In the event any such claim is made, and upon notice from Frankum Photography client will be responsible for reimbursing Frankum Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Frankum Photography. This provision shall survive the termination of the client session contract.
IRREVOCABLE MODEL RELEASE: By signing any contract with Frankum Photography client grants Frankum Photography their unlimited permission to license, use, reproduce and distribute images of client and/or their property, in any country, at any time, in any media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. Images may be combined with other pictures, text or graphics. Client will have no right to inspect or approve the final use of images or copy that may accompany it. Client agrees that they have absolutely no right to compensation for use of their images and warrant they will make no claim against Frankum Photography or her assigns for compensation relating to the use of images.
POLICIES PERTAINING TO WEDDINGS ONLY:
WEDDING PAYMENT TERMS: The wedding contract and a non- refundable commission fee (50% of total wedding collection) are due at the time of booking your event date. The commission fee is non-refundable even if the client changes the date and or time or in the event that the client cancels the contract. No dates will be reserved until both the commission fee and signed contract have been received by Frankum Photography. The remaining balance of the chosen collection owed to Frankum Photography is due 2 weeks prior to the wedding date. This remaining balance also includes any and all necessary expenses (specified on this contract) for example but not limited to travel, hotel charges etc. No photography will take place and no rights are granted until full payment is made.
FAILURE TO MAKE FINAL PAYMENT: Failure by client to make the final payment as scheduled 2 weeks prior to the wedding date as scheduled in the signed contract shall be deemed a material breach of contract. In the event of a material breach Frankum Photography may cancel the contract and be relieved from any further obligation of performance. Frankum Photography may charge a $30 per day late fee in addition to the final balance until the balance is paid in full. If the balance is not paid after 30 days, Frankum Photography may send the client account to collections. If a client wishes to cancel their wedding contract it must be done in writing and acknowledged by Frankum Photography 8 weeks prior to the wedding date as indicated in the signed wedding contract .The initial commission fee that was required to book the photography services of Frankum Photography is non-refundable. If the contract is cancelled less than 8 weeks out from the scheduled date client will forfeit all payments made to Frankum Photography in addition to the non-refundable commission fee. The entire remaining balance will be due in full at time of cancellation or sent to collections at the discretion of Frankum Photography.
SCHEDULING TIMELINES: Frankum Photography and client will collaborate all schedules and arrangements for services to be provided well in advance before wedding date. No alteration to coverage timeline will be made by client, wedding planner, DJ or other vendor without coordination with the photography team. Frankum Photography will work to meet all reasonable requests and expectations; however, circumstances may prevent certain images from being created. It is important that you understand that Frankum Photography does not warrant that it will provide specific images or poses. Finally, please realize that if you or your wedding party/guests/family arrive late, alter or interfere with the planned photography schedule or if scheduling is altered by another vendor or by unforeseen reasons, Frankum Photography may not be able to make all of the images you might otherwise receive and if this occurs, Frankum Photography is relieved of any liability.
CREATIVE LICENSE: Images are edited at the Photographer's discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards.
CANCELLATION: There shall be NO refunds of any kind, including deposit. If the client cancels within 7 days of the booked session date, the client shall pay the remaining balance due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
FORCE MAJEURE: If and to the extent that a Party’s performance of any of its obligations pursuant to this Agreement is prevented, hindered or delayed directly or indirectly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of such Party (each a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered or delayed Party shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected (the “Affected Services”) by the Force Majeure Event for as long as the Force Majeure Event continues and, except as otherwise provided in this Section, such Party continues to use its commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall promptly notify the other Party of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event in writing.
Frankum Photography has the right to refuse service for any reason.
Copyright © 2024 Frankum Photography - All Rights Reserved.
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.