Terms and Conditions
This Terms and Conditions was last updated 17 March 2023
ENTIRE AGREEMENT
This agreement contains the entire understanding between the COMPANY 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION
A signed contract and deposit fee are required if so called for to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the deposit fee is non-refundable, cancellation fee (Full Session of choice) is due and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’S materials charges incurred up to time of cancellation.
SCHEDULE
Session:
The CLIENT agrees to confirm the schedule and notify the COMPANY of any changes in the schedule or location. These notifications must be made in a timely manner.
Events & Weddings:
The CLIENT agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
CANCELLATION
Session:
The session fee will be billed at the appointment. If for any reason the CLIENT cancels there is a 24-hour cancellation policy to reschedule. At 24 hours before the appointed time. If the CLIENT fails to give proper notice less than 24 hours before the appointed time or miss the session, the CLIENT is still responsible for paying for the full session. If there are other instances that happens such as a wreck, ER trip, etc. There will be no cancellation fee (paying the full session fee) and the session can be rescheduled. The deposit for sessions is $50 and they are non-refundable.
Event:
If for any reason CLIENT cancels this contract before 7 days before the EVENT(S) date, COMPANY will keep the deposit. Cancellation must be made in writing, signed by the contracted party. If Client fails to supply written cancellation as specified before the EVENT(S) date or cancels within 7 days of the EVENT date, CLIENT shall be required to pay the full balance due.
Wedding:
If for any reason CLIENT cancels this contract before the EVENT(S) date, COMPANY will keep the deposit. Cancellation must be made in writing, signed by the contracted party. If Client fails to supply written cancellation as specified before the EVENT(S) date or cancels within 14 days of the EVENT(S) date, CLIENT shall be required to pay the full balance due.
Unfortunately, a missed session is an opportunity I could have given to another client to freeze moments of a life time. A cancellation fee (Session Fee) is the only way I can ensure that I'm at least partially compensated for the reserved time and work I have put into the shoot.
If the Photographer fails to appear at the place and time specified above without informing the CLIENT at least 24 hours in advance the deposit shall be refunded to the Client. If the Photographer tells the CLIENT 24 hours or more before the EVENT(S) the Photographer may keep the deposit.
RE-SHOOTS
This is a touchy subject. I do everything I can to offer you what you are wanting and capturing moments of a life time. I try to pull special moments and capture it. I can only work with what you give me. We can preview shots during the shoot, therefore you can make sure it is going in the right direction. If there are any adjustments that need to be made we will make them. During the EVENT(S) is when you need to let me know that it isn't going in the right direction. Therefore, not after it is over.
There are some things that you can help you make sure it goes the way you want it to
1. Make sure you prepare properly (make sure your hair and outfit is ready to go.)
2. Make sure you get proper direction from your agent regarding your looks.
3. Make sure you know what type of shoot you are wanting.
I am happy to re-shoot you as many times as you want, however it will be at your expense. The full session fee. I reserve the right to make the decision for a "free of charge re-shoot" on the basis of inclement weather, unforeseen causes, etc.
REGARDING PRICES & DISCOUNTS
Prices are subject to change. Please beware of the price of the EVENT(S) you book. Discounts are only good for a certain amount of time. After that said time the discount no longer valid. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
EXPENSES INCURRED
When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES
All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 30 Miles round trip of travel are included. All Miles more than 30 Miles round trip are charged at $0.50 per Mile.
RESPONSIBILITIES
The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS
The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; the COMPANY will offer technical recommendations only. Note the COMPANY are sometimes limited by the imposed by registers, ministers and venue management as to what can and cannot be done.
PERMITS
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
SAFETY
The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS
The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
COOPERATION
The CLIENT and the COMPANY consent to happily cooperating and communication with each other to achieve the best possible result within the understanding of this contract. We recommend that the COMPANY be provided with a helper (usually the best man) who will point out key individuals to be photographed. The COMPANY may also require the assistance of the best man in organizing family groups. The CLIENT also agrees to give the COMPANY sufficient warning of key events happening to give the photographer time to prepare. The COMPANY shall not be responsible for photographs not taken as a result of the CLIENT’S failure to provide reasonable assistance or cooperation.
EXCLUSIVE PHOTOGRAPHER
The Photographer shall be the exclusive photographer retained by the CLIENT for the purpose of photographing the EVENT(S). Guests, Family and friends of the CLIENT shall be permitted to photograph as long as they shall not interfere with the Photographer’s duties. The CLIENT shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the CLIENT’S failure to provide reasonable assistance or cooperation. There will be only one photographer for the EVENT(S).
The Photographer will have all rights to ask anyone who is photographing the event to slide out of the way and but not limited to put down the camera. In which this is so the photographer can capture the best images possible. If there is someone who is in the way the Photographer is unable to capture special moments and therefore will ask said person to slide over or put down the camera, phone, ipad, kindle,etc..
ORDERING AFTER SHOOT
CLIENTS may order more images, CD's, DVD's, etc. after the shoot. There is a 30-day window from the day the proofs are released to order extra images for the cost set at the time of booking. Beyond the 30 days, additional charges will reflect any changes that have been made to pricing since the booking.
MODEL RELEASE
The CLIENT hereby assigns the COMPANY 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’S control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY
The COMPANY is not liable to deliver every image taken at the EVENT(S). The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
PROOFS
Sneak peeks/proof photographs shall be available to view on our website. An email with a link to the album will be sent when the proofs available. The Images will be chosen by the COMPANY. If the CLIENT sees the proofs and wants something done to them they shall provide the COMPANY with a written list of the proof images from which final photographs are to be prepared, CLIENT must specify if the CLIENT wants any photos to be in black and white, if so please circle yes. Y or N
RECEIVING IMAGES
Completed images are to be delivered to CLIENT no later than 6 weeks after the Photography date unless otherwise specified.
NON-DISPARAGEMENT
[During the Term and thereafter,] The CLIENT agrees to take no action which is intended, or would reasonably be expected, to harm the COMPANY or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the COMPANY. Such as but not limited to, bad reviews online, and suing in any means.
COVENANT TO NOT SUE
By agreeing to these terms if CLIENT is not happy with anything that has happened to the terms of these agreement the CLIENT agrees not to sue under any circumstances. (Examples, photography shoot outside and someone comes down with a cold, flu, Covid, or any sickness. Or images where not taken at the angle the client wanted. Or CLIENT falls during event and breaks an arm). The COMPANY is not liable.
POST PRODUCTION AND EDITING
The final post production and editing styles, effects, and overall look of the images are left to the discretion of
the COMPANY.
DEMANDING OF REFUND OR REDO
The CLIENT understands that the quantity of photographs taken at the event can vary greatly and that wedding photography by nature is an art, subject to the creativity of the Photographer and her personal artistic style. The CLIENT understands that he/she has chosen the Photographer because of her photographic style, and will grant the Photographer the right to exercise her creativity in the interest of creating the best images possible. The CLIENT understands he/she may not demand a refund, or a redo due to differences in artistic preferences of the final images.
DIGITAL STORAGE
I try to maintain this data in a fail-safe environment. Replacement CDs are $200. I make no guarantee that I will have your data, but I do try to maintain it for as long as possible.
PAYMENT SCHEDULE
Session:
The Session balance is payable in full the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, bill the EVENT(S) balance, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $50 non-sufficient funds fee on top of the money due.
Event:
The aforementioned ______ non-refundable deposit fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or 7 days before the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $50 non-sufficient funds fee on top of the money due.
Wedding:
The aforementioned ______ non-refundable deposit fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or 15 days before the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $50 non-sufficient funds fee on top of the money due.
ADDITIONAL TIME
Session:
Any time 5 minutes beyond the chosen package time will be compensated as such: the CLIENT will pay an additional fee for extra time and photographs taken.
Event & Wedding:
Any time 10 minutes beyond the chosen package time will be compensated as such: the CLIENT will pay an additional $150/ hour for the extra time and photographs taken.
FAILS TO PAY
Session:
If CLIENT fails to pay the remainder due by the said due date [day of the session] there is a late fee of $50.00. If the remainder and late fee is not paid within three days another $50 late fee will be charged. The remainder and the late fee must be paid by the time the COMPANY finishes the proofs or the proofs will not be released, and the photographer will not continue the process and the CLIENT will not receive the images. If the Client fails to pay the remainder due by the due date [day of the session] the COMPANY can cancel the session if chose to.
Event:
If CLIENT fails to pay the remainder due by the said due date [7 days before the EVENT (S)] there is a late fee of $150.00. The remainder and the late fee must be paid by the time of the EVENT(S) or the photographer will not continue.
Wedding:
If CLIENT fails to pay the remainder due by the said due date [14 days before the event (s)] there is a late fee of $300.00. The remainder and the late fee must be paid by the time of the EVENT(S) or the photographer will not continue.
RESCHEDULING POLICY
Session:
There is a 24-hour rescheduling notice. At 24 hours before the appointed time. If the CLIENT fails to give proper notice less than 24 hours before the appointed time or miss the EVENT(S), the CLIENT is still responsible for paying for the full session.
Event:
There is a 7 day rescheduling notice rescheduling the EVENT(S) does not forfeit the deposit fee. The fee is non-refundable in any manner. There is a rescheduling fee of $150.
Wedding:
There is a 14 day rescheduling notice rescheduling the EVENT(S) does not forfeit the deposit fee. The fee is non-refundable in any manner. There is a rescheduling fee of $150.
PURCHASING DIGITAL NEGATIVES
(For private, non-commercial use only)
You may not purchase Digital Negatives.
COPYRIGHTS
The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’S explicitly written permission. If the CLIENT has purchased an “Image DVD/CD” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD/CD” from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing the photographs in anyway.
Dreaming Star Photography LLC retains the copyright to all images captured. Whether it being prints, digital downloads, or images on CD/DVD. The purchase of prints/CD/DVD/digital download of images does not give permission for alteration in any way. The purpose of prints/CD/DVD/digital download of images only gives permission for the use of printing and uploading them on social media.
PHOTOS MAY ONLY BE UPLOADED TO SOCIAL MEDIA AND/OR PRINTED NOT ALTERED IN ANY WAY AND WATERMARK MUST BE VISIBLE.
REPRODUCTION POLICY
Dreaming Star Photography LLC retains all copyright rights to all images captured. Whether it being prints, digital downloads, or images on CD/ DVD. The Purchase of prints/CD/DVD/digital download of images does not give permission for alteration in any way. The purpose of prints/CD/DVD/digital download of images only gives permission for the use of printing and uploading to social media. Watermark must be visible CLIENT agrees to purchase prints directly from COMPANY. CLIENT agrees not to scan, copy or reproduce images in any manner without written permission. Should the COMPANY become aware of reproduction without permission, CLIENT will remit a usage fee of $300 per image, per usage to COMPANY. If a CD/DVD are purchased, a written release will be supplied with those files. The release grants CLIENT the right to reproduce the images provided for their personal use only and does not allow the images to be altered, sold or published. CLIENT further agrees not to supply images to any third parties (including vendors associated with the EVENT(S) or album designers).
NAME
Dreaming Star Photography LLC is run by Nebraska A. Chapman and the name can be changed at any point in time without notice. This being said Nebraska A. Chapman still has the right to all images.
OTHERS AT THE EVENT
Events & Weddings:
Those in and at the EVENT(S) give permission for Dreaming Star Photography LLC to take photographs, publish in anyway Dreaming Star Photography LLC sees fit in the manor of this contract.
FAILURE TO PREFORM
If the COMPANY cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the COMPANY shall return the deposit to the CLIENT but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received for the event(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
POST PRODUCTION AND EDITING
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
INHERENT QUALITIES
CLIENT is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due usage and oxidation, and CLIENT releases the COMPANY/PHOTOGRAPHER from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
PHOTOGRAPHER’S PRICE LIST
The charges in this Agreement are based on the COMPANY’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.
SURPRISE ENGAGEMENT
If the Engagement is a Surprise Engagement the CLIENT who is being surprised must sign and date after the photography shoot/Engagement is complete or the images will not be released to the CLIENT(S).
LINGERIE(BOUDOIR)
The CLIENT must provide all lingerie for Boudoir photography session.
SERVICE TYPE (BOUDOIR)
The Constitutes an order for boudoir photography service.
PRIVACY STATEMENT (BOUDOIR)
All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release (please see separate boudoir model release).
Boudoir photography is very personal and our studio respects your privacy. We will not share images online or in print without your permission. We never sell images to third parties. (Please circle what privacy setting you would like us to use)
• Please keep my images private, do not share with anyone.
• I will allow the COMPANY to use images to show other potential CLIENTS samples (only books in the studio & only lingerie shots, no nudity)
• I will allow the COMPANY to use lingerie images for promotion (prints, emails, books at lingerie stores, websites, etc.).
• I will allow the COMPANY to use nudes (tasteful of course) on the studios personal websites and books in the studio.
• I will allow the COMPANY to use lingerie and nude images on the COMPANYS websites, portfolio, and anyway to promote the COMPANY.
By circling which privacy setting you want for your images you give us permission to follow that privacy setting.
MISCELLANY
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default here under shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of South Carolina
This Terms and Conditions was last updated 17 March 2023