Terms of Service...
Below are the terms you agree to when booking a photography shoot with Spaces & Faces Photography (also referred to as the photographer). By hiring us you (also referred to as the client) agree to all terms listed on this page applicable to your shoot type. These terms are subject to change without notice. The terms listed in this section are applicable to all shoot types in addition those session-specific terms listed after this section.
Booking Acknowledgment: By submitting a booking request with Spaces & Faces Photography you acknowledge you have read the Terms of Service and guarantee that you have permission to photograph and market the property, individual, or subject.
Model and Photograph Release: The client gives Spaces & Faces Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken: a) To copyright the same in the photographer’s name b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) promotion, advertising and trade, display, vendor publication, stock images, or publication to promote the photographer. The client releases the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy. When booking a headshot or portrait session with the photographer you grant her rights to take, use, and publish photographic portraits of you, your child, or of which you may be included, for advertising, promotion, portfolios, and marketing material for Spaces & Faces Photography. You agree the images may be combined with other images, text and graphics, cropped, altered, or modified. You waive the right to inspect or approve the finished product and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. You release the photographer and Spaces & Faces Photography from all claims and liability relating to said photographs.
Promotions: The photographer will post any current promotions to their Facebook account or notify clients via subscription email lists. Promotions apply only to the advertised photography package and are not applicable to custom packages, lgrandfathered packages, travel charges, optional add-ons, additional session time, or exterior only packages. Only one promotion can be used at a time, unless it is a referral or client code. Client codes cannot be used with other discounts that are not part of monthly promotions or grandfathered prices. For example, a client code can be used with a monthly promotion but cannot be used with a reshoot, same location, grandfathered packages, or same location discount. Client codes and reshoot discounts are only valid on advertised packages and exclude custom packages, grandfathered packages, or exterior only packages. Promotions are only valid if the code is entered into the booking request form. Promotions can be cancelled or changed at any time, but any changes will not affect existing bookings. When including two promotional codes on the booking form, the higher of the two will be applied to the invoice as long as both are entered on the booking form. When a new client includes your name on a booking form and completes their first shoot with us, we will send you a referral code to use on your choice of future bookings. The referral code cannot be applied to any existing bookings.
Liability: Spaces & Faces Photography and the photographer are not responsible for property or any injuries inflicted upon any participating parties. The client will be responsible for their children, pets, guests, and for themselves and release photographer from any claims against their person or their business. The client will waive, disclaim and release Spaces & Faces Photography and its respective owners, members, employees, agents, volunteers and representatives from any and all actions, claims or demands that they may have now or in the future, whether known or unknown, against the Spaces & Faces Photography parties, including without limitation those related to injury to or death of persons, or damage, loss or destruction of property arising out of or in connection with the session or any products related thereto.
Indemnification: The Client hereby agrees to indemnify and hold harmless the Spaces & Faces Photography parties from all liabilities, losses, claims, costs (including attorney’s fees and court costs), damages or expenses of whatever nature that may result from injury to or death of persons, or damage, loss or destruction of property arising out of or in connection with the photography session or any products related thereto.
Additional Terms For real estate, residential, and commercial services
In addition to the terms listing under All Bookings at the top of this page, the terms below will also apply for real estate, residential, and commercial photography services.
Residential and Commercial Portfolio Usage Rights: Our advertised Residential and Commercial packages afford our client permanent usage rights without expiration. These usage rights differ from our real estate (loyal customers) usage rights detailed above. Spaces & Faces Photography grants permanent usage rights only to the client listed on the booking agreement and invoice. This permanent usage license provides our client with the right to reproduce, publicly display, unlimited print, and distribute the images for portfolio or marketing purposes directly related to their business. All images are copyrighted and ownership rights remain the sole and exclusive intellectual property of Spaces & Faces Photography. As owners, Spaces & Faces is allowed to use images for stock photos and sell usage rights to parties other the original client without written permission or notification. Images cannot be altered, transferred, shared, given away, or sold to other individuals. We provide extensive editing under our portfolio packages and under no circumstance are portfolio images to be used for listing photography, unless otherwise agreed to in writing.
Photography Style and Editing: If you have not already, please review samples of my work on the Gallery page to make sure that our style of photography and editing is a good fit for you. All real estate, residential, and commercial packages include HDR processing, overall edits to make images look more realistic, blending various exposures to lift shadows and decrease highlights, and sky replacements on exterior images at the photographers discretion. Additional requests such as grass replacement, sign/item removal, etc. are not part of the photography packages offered. When you book with the photographer, you are giving her full reign over session styling and artistic editing of photographs. Unless the client selection option is added to the booking, the photographer will select the images for the final package. If the client wants to make sure something is or isn't photographed, they must include the request on the booking form. Once the photographer begins the session full payment is due upon invoice receipt. The photographer will not make additional edits once the final images are delivered.
Alteration, Sharing, and Social Media: All images are copyrighted and ownership rights remain the sole and exclusive intellectual property of Spaces & Faces Photography. The client listed on the booking agreement does not own these images, but are granted usage rights. The client may not alter, transfer, give away, or sell the images. No images should be shared by the client with third party individuals for their own portfolio use (i.e. architects, builders, designers, stagers, contractors, vendors, etc.). In the event a third party would like to use the images, please have them first contact Space & Faces Photography directly to purchase usage rights. Use of images for commercial use without written permission from Spaces & Faces would be copyright infringement. For social media sharing, only the client has the right to post the images. Individuals without usage rights may share the client's posts, but cannot create their own post that would result in the images being automatically added to their albums. Images may be shared by the client with the homeowner for non-commercial use, but the homeowner cannot turn around and use the images to list the property with a different agent or for a different person. For example, the homeowner cannot share the images with the new owner who then turns around and uses the images to lease out the property. The photographer only has a responsibility to deliver the images to their client.
Reschedule/Cancellations/Access/Order Changes: Any changes to the appointment whether it be reschedules, cancellations, or weather related within 24-hours of the agreed upon time will result in a fee of $50 for daytime and $75 for twilight bookings. A trip charge of $75 for daytime and $100 for twilight bookings (plus tax and travel add-ons) will be charged if we arrive and were provided the wrong address, not able to get in for any reason, not provided gate or call box instructions, or the property/individual is not ready to shoot. Once the photography session has begun, our services and selected add-on options (virtual tour, video, rush delivery, etc.) cannot be cancelled and full payment is due upon invoice receipt.
Arrival Time: Photography sessions are often scheduled back to back and the photographer is on a limited time frame. Each appointment includes a designated amount of time and assumes the client will be on time and prepared for the shoot. We strongly recommend arriving early to the shoot to ensure it is ready to photograph. The photographer will not wait more than 15 minutes and arriving late to your appointment will result in lost of session time. Your session will be cancelled if you arrive over 15 minutes after our scheduled start time and the trip fee will be charged. If you fail to show for your scheduled appointment or your session is lost due to tardiness the reschedule and cancellation fees will apply in additional to any applicable travel add-ons and sales tax.
Weather Policy: Spaces & Faces Photography will shoot rain or shine, so it is up to the client to decide if they want to reschedule due to weather. A fee of $50 for daytime and $75 for twilight shoots will be applied if rescheduling less than 24-hours prior to appointment time. In the event it is raining during the entire shoot we will only capture the interior of the property. We do offer an exterior only custom reshoot package (5 images for $100) if this occurs and you would like us to go back out for exterior shots. This exterior reshoot package is limited to 15 minutes and does not include any applicable travel add-ons. We recommend the client setting up a 48-hour reminder to allow them enough time to check the forecast and reschedule, if needed. We reserve the right to cancel appointments due to severe weather conditions that may put the photographer at risk.
Pets/Children: All pets must be contained or removed from the property during the shoot. It is also up to the homeowner to ensure all children and present parties are out of the camera’s view. If a pet or child is captured in an image they will not be edited out. The photographer also reserves the right to terminate the shoot if they do not feel comfortable with an unconfined pet. If this occurs, it will result in a trip charge of $75 for daytime and $100 for twilight shoots plus applicable travel add-ons listed on the booking agreement..
Staff/Customers for Commercial Services: Certain commercial packages may include staged staff or customers present. When ordered, it is up to our client to acquire the model releases and present them to the photographer before or upon arrival at the shoot. Any individuals without a signed model release will not be photographed. These subjects will not be edited to the level of detail as our headshot services and we cannot guarantee a clear resolution of subjects. Any images containing individuals will not undergo HDR processing during editing.
Payment Terms: Upon completion and delivery of the final images, the photographer will send the final invoice to the individual on the booking form for payment. Payment is due upon receipt and is considered past due after five business days for credit card payments and ten business days for check payments. Image usage rights will be revoked for past due invoices. After three past due invoices, a client will be placed on prepayment terms. A fee of $35 will be charged for returned checks. We accept payments via PayPal, credit card, money order, or check.
Construction Shoots: For safety reasons, the photographer typically will only shoot the exterior of properties under construction. In order to shoot the interior of properties under construction all of the following criteria must be met: 1) construction is finished for the most part and rooms are free of debris 2) electricity is connected and lighting is installed and working 3) there is some sort of walkway (side walk, plywood, etc.) to access the home and lock box (if applicable) 4) contractors will not be present during the scheduled shoot time. The photographer will leave the shoot and the trip/travel charges will apply if upon arrival it is determined any one of these criteria is not met.
Duplex and Same Lot Properties: For duplex properties (must share an interior wall), the client will have a choice between 1) two separate shoots with a $25 discount for the second shoot if booked during the same appointment time, or 2) split the package between the two units with a $35 duplex add-on to cover the additional time to photograph the second unit. The duplex add-on and same shoot discount is not applicable with exterior only packages, custom packages, or grandfathered packages. Travel and size add-ons are still applicable with all options. For duplex add-ons, the shoot size will be determined based on the combined square footage of both units. In the event the photographer arrives to an address which was either not disclosed as a duplex or booked as a duplex but does not share an interior wall, they will either 1) only shoot one unit if on a tight schedule, or 2) attempt to contact client to determine how to proceed if time allows for the shooting of both.
Amenities and Landmarks: This add-on covers the additional time to photograph the subdivision, complex amenities, entry signage, and local landmarks requested by our client. The add-on covers an additional 15 minutes to photograph these areas, not additional images. Additional charges may apply if these areas are located far apart, not easily accessible from parking, or there are several of them that cannot be photographed within 15 minutes. Timeframe will be estimate at booking and invoice will reflex actual time. Due to the photographer's schedule, these locations may be photographed the day before the scheduled shoot. It is the client's responsibility to provide the photographer with the list of locations and addresses 48 hours prior to the shoot.
Communication: Spaces & Faces Photography will not copy in additional individuals on the final delivery or invoice emails, but will send them in a format that may be shared with others including listing coordinator, assistants, accounting, etc. Spaces & Faces Photography only communicates directly with our client. For sale/lease listings our client is the realtor, unless it is a FSBO listing. It is up to our client to coordinate with the homeowner regarding: scheduling coordination; reviewing shoot tips; confirming the property is in photograph ready condition prior to the 24-hour reschedule/cancellation period; ensuring access is provided to the photographer, and invoice payments are made upon receipt regardless of payment arrangements between client and homeowner. Please keep in mind our services include photography only. All cleaning and staging must be done prior to our arrival. For liability reasons, the photographer is not permitted to move furniture, clean, or turn on devices (i.e. fireplaces, remove pool covers, etc.). For photography purposes, the photographer may decide to move small rugs, trash cans, and small items and will make all efforts to move them back to their original location.
Delivery Time: Unless noted during the booking agreement, all images will be delivered to the client approximately 48-hours of the shoot end time for sale/lease bookings and five business days for residential, short-term rentals, and commercial portfolio bookings. For portfolio shoots, clients may indicate on the booking form their preference to select the final images themself. This allows the client to decide which images are used for the final package, but will add $25 and additional editing time to all orders. If selecting the images yourself, we will send you an online gallery of options to select from within three business days of the shoot. Once all images are selected we will proceed with the order and the online gallery will be removed. The client acknowledges selecting more than the agreed upon images will result in additional fees per image. Specific delivery time will depend on our editing workload once the selections are received, but will typically be within five business days from date of selection. If the images are not selected by the client within five business days, the photographer will select the images to use and proceed with the order.
Digital Delivery and Archive: Spaces & Faces Photography utilizes internet electronic delivery for all images. The final images for all real estate, residential, and commercial shoots are delivered via Google Drive. By booking with the photographer you acknowledge internet access is required to receive and download your images. Once the image(s) are ready, the client will receive an email with access instructions. Client images will be available for download for 30 days due to the large file size of full resolution images. After this time all images will be purged from the digital delivery service and photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Spaces & Faces does not have any obligation to retain or archive any images once the download period has expired. The photographer is not responsible for loss or damage to the digital files due to circumstances beyond the photographer’s control.
Additional Terms For portrait Services
In addition to the terms listing under All Bookings at the top of this page, the terms below will also apply for portrait photography services. For the purpose of this section, there are three different types of portrait services: individual headshot sessions, individual portrait sessions, and mini sessions (which include both portraits and headshots). The applicable shoot type will be in the subject heading when the terms differ amongst the sessions.
Permanent Usage Rights: All images are copyrighted and ownership rights remain the sole and exclusive intellectual property of Spaces & Faces Photography. The photographer grants permanent usage rights to the client for all portrait services. This permanent license provides our client with the right to reproduce, publicly display, unlimited print, and distribute the images for any reason. Images cannot be altered or sold to other individuals.
Photography Style, Editing, and Retouching: If you have not already, please review samples of my work to make sure that our style of photography and editing is a good fit for you. These can be seen on the Gallery page of this website. When you book with the photographer, you are giving her full reign over session styling and artistic editing of photos. The photographer will be choosing the best of the images to present to you for final selection. So if you see anything that you don’t care for during the session or during image selection, please speak up. Once the images are delivered, the photographer will not make additional edits. Standard retouching is included with all finished images. Standard retouching includes reduction of blemishes, scratches, under eye circles, stray hairs, teeth color, etc. There is an additional charge for advanced retouching including hair changes, wrinkle reduction, skin smoothing, body/face slimming, etc. The photographer will not remove braces or do face/body swaps. The photographer has the right to refuse any requested edits to the images.
Session Deposit/Fees: The client agrees to pay the photographer a nonrefundable session deposit (varies from $50 to $100 depending on session type) at the time of booking to secure their appointment date and time. The client understands by entering an agreement, the photographer is foregoing other photographic jobs and the session deposit is nonrefundable. This session fee will be applied to the final invoice and full payment of the session is due at the start of the session. The photographer will not start the session until the balance of the payment is received. If payment is not received at the start of the session, the session will be cancelled and the session deposit forfeited. Only cash and check is accepted on the shoot location for mini sessions, all credit/debit payment can be made in advance using a payment link. Please be sure to review all pricing, shoot location details, and terms before paying the session deposit. The estimated charges are subject to change based on requests from the client including but not limited to the number of images, session time, and individuals included in the session. If during image selection, you wish to purchase extra images all payments are due prior to the photographer editing the additional images. All invoices will be charged 8.25% sales tax as required by Travis County.
Rescheduling/Canceling/Refund Policy: All payments must be received by the start of the session or the shoot will be cancelled and the session deposit forfeited. Mini sessions may not be rescheduled by the client. However, if a client needs to reschedule for individual portrait or headshot sessions the session deposit can be transferred to a different date/time as long as a 24-hour notice is provided to the photographer via email up to two times. If the client cancels, does not show up for the shoot, reschedules more than twice, or loses the session time due to tardiness only the session deposit is forfeited. For shoots on location, if we arrive on location and were provided the wrong address, not able to get in for any reason, not provided gate or call box instructions, or the individual is not ready to shoot the session will be cancelled and the deposit forfeited. In the unlikely event of illness, weather, equipment malfunction, or other circumstances beyond her control, the photographer reserves the right to reschedule or cancel. In this case, your funds will be refunded. Re-shoots and Refund Re-shoots are determined at the discretion of the photographer.
Arrival Time for Mini Sessions : Mini session are scheduled back to back and are very fast paced. Each appointment includes a designated amount of time, typically 15-20 minutes. We strongly recommend arriving 15 minutes early to the shoot. Your session will be canceled and all payments forfeited if you arrive after the scheduled start time regardless of reason.
Arrival Time for Individual Headshot Sessions: Each individual headshot appointment is allotted 20 minutes. Arriving late to your appointment will result in a loss of session time. The photographer will have to cancel the shoot if the client is more than 10 minutes late and the session deposit will be forfeited. For shoots on location, the session deposit plus any applicable travel add-ons will be due if you fail to show for your scheduled appointment or your session is lost due to tardiness. This includes providing the wrong location or access instructions to the photographer, so please be sure to review your booking agreement carefully before signing.
Arrival Time for Individual Portrait Sessions: Each appointment includes a designated amount of time. We strongly recommend arriving early to the shoot. Arriving late to your appointment will result in lost session time and potential cancellation. The photographer will have to cancel the shoot if the client is more than 15 minutes late. If you fail to show for your scheduled appointment or your session is lost due to tardiness the session retainer fee will be forfeited.
Image Selection and Delivery Time: Unless noted on the booking agreement, the predetermined number of sample images to select from will be delivered to the client within five business days of the shoot end time. Additional delivery time may be needed for mini sessions since there will be several shoots in one day. These sample images will contain watermarks and are solely for selection purposes. The sample images are not to be used by the client for any purpose other than selection. The client will then select the images to use from the samples provided and notify the photographer via email that all selections have been made. If during image selection, the client selects more than the agreed upon images all payments are due prior to the photographer editing the additional images. Specific delivery time will depend on our editing workload once the selections are received, but will typically be within ten business days from notification of selections. If the images are not selected by the client within ten business days, the photographer will select the images to use and proceed with the order.
Digital Delivery and Archive: Spaces & Faces Photography utilizes internet electronic delivery for all images. By booking with the photographer you acknowledge internet access is required to receive and download your images. Once the image(s) are ready, the client will receive an email with access instructions. Client images will be available for download for 30 days for headshots and 60 days for portrait services due to the large file size of full resolution images. After this time all images will be purged from the digital delivery service and photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Spaces & Faces does not have any obligation to retain or archive any images once the download period has expired. The photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Print Release: A print release will be provided with digital files to print portraits for personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling, or altering the images without the photographer’s written permission. The client is provided the right to print at will all final digital files delivered, this does not include the sample images.
Print Orders and Damaged Prints: The client is not obligated to order prints and can select any print lab to order prints from. A print release will be provided with all orders. For portrait services, the photographer offers prints for sale through a third party professional lab for the convenience of the client. These images will ship directly from the lab to your home. The photographer is not responsible for the quality of prints or damages during delivery to the client including damage caused during transit.
Personal Equipment and Additional Terms: Personal cameras, camcorders, cell phones, or other recording device is prohibited during the photography session other than those used by the Spaces & Faces Photography staff or volunteers. The photographer will not tolerate verbally or physically abusive behavior. Please only bring the people that will be photographed to the session to prevent distractions during the shoot. If the client is unable to control the conduct of their guests or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The client understands that in such an event, all payments will be forfeited.
Last updated: November 6, 2017