Studio Terms and Conditions

In an effort to provide only the highest quality in customer service and the most luxury experience for our elite sessions, the following terms and conditions apply to all sessions scheduled with Modern Images Photography.

• Booking/Confirmation: Studio will contact all clients to schedule session dates and times and to confirm your requested date and time. Studio will also confirm location if the session is scheduled for a location other than the studio. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, studio/photographer may elect to use an alternate location or to reschedule the portrait. 
• Payments/Retainers: A credit card retainer is required to reserve all sessions. A session is not considered confirmed until the non-refundable retainer has been paid. Retainer amount is determined based on session genre and style requested and will be advised to the client at the time of booking. All retainers will be applied to session and collection purchases. All fees and retainers are non-refundable. No part of any order, including previews, will be delivered until the balance is paid in full. The fees charged at the time of booking are based on the Studio’s/Photographer’s Price List in effect for contracted sessions/services at the time of booking. 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. 
• Cancellations/Rescheduling Policy: If a session is cancelled, all retainers and fees paid to date are non-refundable. If a session is rescheduled, clients must provide the studio/photographer with a 72 hour notice or a rescheduling fee in the amount of $50 will be assessed and due in order to reschedule the session for a new date and time.
• Themed Sessions: These sessions are offered for a limited time with limited session times available. Themed sessions are offered at an exclusive price, and cannot be combined with any additional discounts or savings programs.
• Copyright: All photographic images, edited files, printed materials, etc, shall be the exclusive property of the Photographer/Studio. The Photographer/Studio shall own the copyright in all images created and reserves the right to use images created for samples, contests, exhibition, advertising, display, publication, self-promotion and/or other purposes. Client warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital files, previews, and printed images remain the exclusive property of this Studio/Photographer. It is ILLEGAL to copy or reproduce photographs, images and videos elsewhere without Studio’s/Photographer’s permission, and violators of this federal law will be subject to its civil and criminal penalties. 
• Photographer Substitution: Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness or of scheduling conflicts. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs shall be a competent professional.
• Liability/Indemnification Clause: If the Studio/Photographer cannot perform services contracted by Client due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any retainer or session fee to the Client but shall have no further liability with respect to the Contracted Services. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Studio/Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/ Photographer shall not be liable for any amount in excess of all monies paid. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. 
• Clients' Usage: The Client is obtaining images, prints, and any other products purchased/received for personal use only, and shall not sell said prints, image files or products, or authorize any reproductions thereof by parties other than the Photographer/Studio. If Client is obtaining a print for reproduction, Photographer/Studio authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
• Social Media: This clause applies to ALL social media, including Facebook, Instagram, Tik-Tok, LinkedIn, Pinterest, and blogs. When published online it is required that citation of Photographer/Studio be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
• Image/Photograph Retention Policy: Modern Images Photography keeps client files for a period not to exceed 12 months after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
• Liability With Respect to Children: It is the clients' responsibility to take care of the children present during sessions and appointments; Modern Images Photography will not accept any responsibility due to any accident to children or damage to public or private properties during the photography session or other appointments.
• Exclusivity: It is understood that no other photographer, amateur or professional shall be permitted at the session location during contracted session/services for contracted client (wedding, family photography, high school senior portraits, etc.). Any breach of this agreement will constitute a reason for non-completion of the session with no liability to the Photographer, and loss of retainer and all funds paid will be incurred by the client.
• Artistic Enhancement Policy: Client accepts that all photographs will be taken and edited at the Studio's/Photographer’s discretion based on the Studio's/Photographer’s experience and artistic view. If the client has special requests they shall provide said requests in a time and date stamped email no later than 1 week prior to the session date/time. The Studio/Photographer will make plausible attempts to accommodate reasonable requests provided in accordance with this policy, but is under no obligation to do so. It is understood that the Studio/Photographer is not responsible to fix photos to cover parts of any subjects' body that are not desired to be seen in the photo, unless it was confirmed with the Studio/Photographer in writing at least 1 week prior to the scheduled session.
• Communication: It is understood that it is the clients' responsibility to inform the Studio/Photographer by email for any changes/requests relating to the scheduled session (including but not limited to wedding dates, births, etc). Modern Images Photography is not liable for any claims for messages sent by mobile text messages or social network websites. All communications with the Studio/Photographer shall be made in English and in Writing (Mail or Email).