Terms of Service

Payment Arrangement
The Client will pay the Photographer the total retainer specified and any pre-session purchase of photographic products, plus lodging (If applicable). Half of the Non-Refundable Retainer is due at the time of booking. The remaining balance is due prior to the photo session.

Electronic Funds Transfer: A 5% fee will be applied to retainers paid through electronic funds transfer. (PayPal, Zelle, Cash App, Etc.) Lodging: In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than $200.00 to the Photographer at the time of the session.

Cancellation/Postponement
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the retainers paid are non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is required. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

Cooperation/No Show
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photo sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots. The session can be rescheduled at the original session retainer, including an additional 25% retainer.

Reshoots
In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints from the second portrait session only. If the Client should be unsatisfied with the results of the second session, 50% of monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the images of the session as set forth in this Agreement.

Retouching
Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as he sees fit based on experience and expertise and omit any image(s) that do not meet his/her standards.

Image Storage
Images will remain on file for three (3) months from the date of the portrait session. It is highly recommended that Client backs up any digital images on another media format other than USB and/or DVD. Photographer cannot be held responsible for the failure of Client’s USB and/or DVD due to mishandling. It is the Client's responsibility to keep several copies of any USBs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client’s responsibility to save the images. Backing up your images is recommended.

Prints
Prints are not included in portrait sessions. All print orders include a digital copy of the print in an equal size to the print ordered as well as a digital copy for sharing on social media. Sales tax is not included in the price of print orders.

Print Retainers
Prints are available either individually or in print packages. All prints include standard retouched Prints and products are generally delivered two to four weeks after Client’s print order has been paid in full (Albums may take longer due to lab production). Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print.

Print Life
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or, discoloration due to the inherent qualities.

Digital Negatives (RAW Files), Prints, and Copyright
All images and copyrights are the property of Ohana Photographist by Dondré Richards ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. The RAW/unedited images remain the sole property of Photographer and will never be given or sold.

The Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties.

The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Photographer may revoke this license at any time and for any reason. Photographer retains all copyrights to the images and derivative works thereof.

If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if you share or use any digital files from Facebook, you may not alter the image in any way (no words or filters added) and you must give credit to Dondré Richards/Ohana Photographist.

Model Release
In consideration of Client’s engagement as a model, and for other good and valuable consideration herein acknowledged as received, Client hereby grant the following rights and permissions to Photographer, his heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of Client or in which Client may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with Client’s own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at Photographer’s studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. Client specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Client also consent to the use of any published matter in conjunction with such photographs. Client hereby waive any right that Client may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. Client hereby release, discharge, and agree to hold harmless Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. Client hereby warrant that Client is of full age and have the right to contract in Client’s own name. Client has read the above authorization, release, and agreement, prior to its execution, and Client is fully familiar with the contents of this document. This document shall be binding upon Client and their heirs, legal representatives, and assigns.

Exhibition
Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

Limit of Liability
We take the utmost care with respect to the exposure, retouching, and transportation of digital captures and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the originally scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

Changes to this Agreement
There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by Client prior to delivery of the proofs. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total retainers outlined in this Contract.

Independent Contractor
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

Entire Agreement
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Ohana Photographist by Dondré Richards.