Maryann Davidson, LLC Terms and Conditions | Last updated Jan 01 2023
If you have any questions contact me connect@maryanndavidson.com
AGREEMENT Overview: This agreement contains the entire understanding between Maryann Davidson, LLC and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, which does not mean that any other provision is also waived, the party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Maryann Davidson, LLC is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Maryann Davidson, LLC.
IMAGES and COPYRIGHTS: The photographs produced by Maryann Davidson, LLC are protected by Federal Copyright (all rights reserved) and may not be reproduced in any manner without Maryann Davidson, LLC explicitly written permission. Upon final payment by the Client, the Client has limited-use of the resulting images which may be used only for personal use and may not be copied or reprinted without express permission of Maryann Davidson, LLC. This permission is included with high resolution files, with which the owner may make prints for personal use and sharing, as well as use for their personal blogs, sites, and social networks. The owner may not redistribute files in any manner. The Client must obtain written permission from, and compensate Maryann Davidson, LLC prior to the Client, or its friends/relatives publishing or selling the images for profit.
PHOTO CREDIT: Adjacent to images posted or published, a visible written credit must be given to Maryann Davidson Marketing and Photography stating website www.MaryannDavidson.com and hashtag #ConnectWithMaryann.
MODEL RELEASE: The Client & Subject hereby grant to Maryann Davidson, LLC and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The Client hereby releases Maryann Davidson, LLC and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY: In the unlikely event that the Photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the event, Maryann Davidson, LLC will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for purchased. Maryann Davidson, LLC takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond Maryann Davidson, LLC’s control, Maryann Davidson, LLC’c liability is limited to the return of all payments received from Client.
RETAINER & PAYMENT SCHEDULE: When you schedule your shoot, that day is reserved for you and only you. The session date will not be held until the deposit is received. 50% of the total cost is due at time of signing agreement. In the event of cancellation by client, This is a NON-REFUNDABLE RETAINER. The Client shall also be responsible for payment of any materials/charges incurred up to time of cancellation. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full prior to or on the date of the session.
CANCELLATION & RESCHEDULING: When you schedule your shoot, that day is reserved for you and only you. With the exception of emergencies and severe weather, reschedules are at discretion of Photographer and may be permitted without penalty if they are done 48 hours or more in advance of the scheduled shoot date/time.
In the event of client emergency, Photographer requires at least 48 hour notice to reschedule. If client chooses not to reschedule, entire retainer is forfeited. If cancellation is within the 48 hours prior to the shoot, client will pay an additional $100 fee to secure another date, with the full remaining fees due on session date. If client chooses not to reschedule, the entire deposit is forfeited.
In the event of Photographer emergency, Photographer will provide 48 hour notice of cancellation and client may reschedule. If client chooses not to reschedule, the entire deposit will be refunded. If cancellation is within the 48 hours prior to the shoot and the session is rescheduled, a $100 credit will be applied towards the remainder of fees due on session date. If client chooses not to reschedule, the entire deposit is refunded.
REFUNDS: Your retainer is used to secure your booking. This is non refundable under all circumstances except: If you come in for your photoshoot and are dissatisfied with the service or images we produce.
LOCATION: Client is responsible for contacting location venue (where applicable) and booking the date. Client is responsible for covering all fees and costs related to location choice (admission fees, parking, etc.) Travel up to 25 miles is included. Time and travel above this will be invoiced at the following rate – $25 plus 75 cent per mile. If location is out of state/country, client will cover airfare, hotel, car rental and daily per-diem for food and expenses.
RE_SHOOTS: Re-shoots are determined at the discretion of the Photographer. Re-shoots will not be given for poor choices of clothing, make-up, or hair. We can’t control weather, so in the event of inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, Photographer may elect to use an alternate location or to reschedule the session.
WARDROBE: Client understands the impact that wardrobe, hair, nail color, undergarment, etc. choices have on their portraits and will not hold Maryann Davidson, LLC responsible for dislike of aforementioned choices.
ORDERS: Please allow adequate time the day of the session to look through and choose your images. Be prepared to place your order before leaving the studio/location. This helps to prevent backlogging for other clients. You’ll be able to order products from my current vendor list. Payment is due in full when order is placed. Products are subject to your state sales tax and, if needed, shipping. Maryann Davidson, LLC guarantees that the photographs/products you receive meet the highest standards in every aspect and works with the client to approve designs and custom work before orders are placed. Your images will be cropped and colored profiled so that my vendors will print them at their best. In order to control quality, all prints and products will be purchased through Maryann Davidson, LLC. Reproductions of images may not be made without a signed release from Maryann Davidson, LLC. Orders requiring extensive retouching may take longer, depending on the extent of retouching needed. Due to the nature of digital files and the fact that they cannot be returned once sent, there is a strict NO REFUNDS POLICY for all digital photographs.
GALLERY PROOF: Photographer will post proofs (the images you choose and pay for the day of your session) to the client’s online gallery within two weeks of the portrait session. Images will be low-resolution proofs for online viewing only. The client will be given a link to the gallery. This information may be forwarded to family and friends. Client understands and agrees that low-resolution images in the online proofing gallery may not be reproduced or distributed or printed by any means whatsoever. Client’s online gallery will be posted for 2 weeks (fourteen days). During this time, additional orders can be placed. Gallery expires after 2 weeks (fourteen days) from posting. Un-ordered images are removed from my system after gallery has expired.
DELIVERY: Photographer will deliver the final digital images via an online file transfer service within 14 days of Client’s notification of final selection. For physical products, please allow approximately 4-6 weeks for in-studio pick up (turn-around time may vary depending on the products that you order). Arrangements might be made for Photographer to hand deliver or ship the product order to client’s home or business.
BOOKS: Please note that each printed book you order is individually made by one of my professional book-printing vendors. There may be minor differences across different prints of the same books and/or across books printed by different vendors, including, but not limited to, slight variances in color fidelity and binding type. My printing vendors work very hard to keep their product as consistent as possible, this variation is a normal occurrence and is not considered a manufacturing defect or a defect in workmanship and does not qualify for a reprint.
Due to the custom designed nature, once the order is placed, there are no refunds on any album or book order. Books and albums are made to order and cannot be returned or exchanged unless:
- a manufacture defect is evident and reported within 48 hours (2 days) from the date it was received,
- damaged during shipping (a separate claim must be filed with the shipping carrier and also must be reported within 48 hours (2 days) of being received,
- or in the event that the order was erroneously processed (such as an error was made in the size of the book or color/style) compared to the original recorded order.
PAYMENT: Maryann Davidson, LLC accepts cash (pre-arranged only) and credit card (Square).
BALANCE OWED: We do not release any images until your balance is paid in full.
COMPLAINTS: Client must contact Photographer in writing within 48-hours of receiving their order if they have concerns or disputes regarding their order. If Photographer is not contacted within 48-hours, the client accepts the order as delivered.
LOST PROPERTY: Please make sure you leave with everything you arrive with. We are not liable for any items left behind and will donate them to charity after 30 days.
RETOUCHING: Client understands that image enhancement and basic editing (blemish retouching, teeth whitening, and stray hair removal) is included with their portrait session. If the client wears glasses, every effort will be made by Photographer to avoid glass glare. However, in order to avoid glare, the client should have the lenses removed or request a lens-free sample pair from their Optometrist. Retouching for glass glare or removal: $50 per image. Extensive retouching (severe acne or scarring, tan line retouching, bra strap removal, etc) is $50/hour. An estimate will be provided prior to extensive retouching. Once the requested changes are made, charges apply regardless of the final product/image is purchased
AGE: Clients under 18 need to be accompanied by a legal guardian.
PRIVACY: We are committed to protecting your privacy. We will take all reasonable steps to ensure that the confidential information of clients are not disclosed to any parties, except as required to provide the services, and as required by law.
TERMS & CONDITIONS: Maryann Davidson, LLC may amend the Terms and Conditions at any time by reasonable notice, including without limitation by posting revised terms on website at the URL www.maryanndavidson.com/legal, which amended terms and conditions shall be binding upon You.