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.
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 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 or any other name that she may select 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 studio. 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 us from all claims and liability relating to said photographs.
Promotions: The photographer will post promotions to their Facebook account. 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. For example, a client code can be used with a monthly promotion but cannot be used with a reshoot or same location discount. Client codes and reshoot discounts are only valid on advertised packages and exclude custom 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.
Liability: Spaces & Faces Photography is 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 commercial Portfolio and real estate 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 photography services, both for sale/lease and commercial portfolio.
Temporary Usage Rights for Sale/Lease Properties: Real estate listing packages are only available to residences that will be for sale or lease within 30 days of the shoot date. The photographer grants temporary usage rights only to the client listed on the booking agreement. This temporary license provides them with the right to reproduce, publicly display, and distribute the images for promotional or advertising purposes directly related to the sale/lease of the property address listed on the booking agreement. Usage rights expire after either one year, whenever the home is leased/sold, or the Realtor is no longer the listing agent, whichever occurs first. The only exception is for the realtor's personal marketing material and short-term rentals. For short-term rentals, usage rights are valid for three years. 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 sell usage rights to parties other the original client. Only our client is granted usage rights. Use for any other purpose, by any other parties, or longer than the terms expressed here must be with the expressed permission of the Photographer and the payment of additional fees, unless otherwise agreed to in writing. Temporary licenses may only be used for the specific residence listed on the booking agreement. The only exception to this is for duplex properties when both units are included on the booking agreement.
Permanent Usage Rights Add-on for Sale/Lease Properties: For any of our real estate shoots, a temporary license is granted to our client for the exclusive purpose of selling/leasing the home. Usage rights expire after either one year, whenever the home is leased/sold, or the Realtor is no longer the listing agent, whichever occurs first. The only exception is for the Realtor's personal marketing material and short-term rentals. The permanent usage rights add-on allows one company/firm to be added to the licensing and receive permanent usage rights for $50 regardless of shoot or home size. 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 sell usage rights to parties other the original client. Images cannot be altered, transferred, shared, given away, or sold to other individuals. In order to add on this option it must be indicated on the booking form along with the company's name that is to receive the permanent license. Once the booking agreement is signed this option may not be added.
Permanent Usage Rights for Commercial Portfolio Services: The photographer grants permanent usage rights only to the client listed on the booking agreement. This permanent license provides the 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 sell usage rights to parties other the original client. 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 my style of photography and editing is a good fit for you. When you book with me, you are giving me full reign over session styling and artistic editing of photos. I will be choosing the best of the images to present to you. So if you want to make sure something is photographed please be sure to include it on the booking form. Once the images are delivered the photographer will not make additional edits.
Alteration, Sharing, and Social Media: Images cannot be altered, transferred, given away, or sold. 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. 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 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 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.
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 standard and $75 for twilight shoots. A trip charge of $75 for standard and $100 for twilight shoots (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.
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. 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 session time. Your session may will need to be rescheduled if you arrive over 15 minutes after our scheduled start time. 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. 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 package (8 images for $85) if this occurs and you would like us to go back out for exterior shots. We recommend the client setting up a 48-hour reminder to allow them enough time to check the forecast and reschedule, if needed. A fee of $50 for standard and $75 for twilight shoots will be applied if rescheduling less than 24-hours prior to appointment time. 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 standard and $100 for twilight shoots (plus tax and travel add-ons) plus applicable travel add-ons listed on the booking agreement..
Payment Terms: Upon completion of 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 may be revoked at our discretion 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 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 (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 or if the units do not share an interior wall. 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 Entry Signage: This add-on covers the additional time to photograph the subdivision or complex amenities or entry signage. The add-on covers an additional 15 minutes to photograph these areas. Additional charges may apply if these areas are located far apart or there are several of them that cannot be photographed within 15 minutes.
Communication: 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. 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. Please keep in mind our services include photography only. All cleaning and staging should 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 back to 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 commercial portfolio bookings. For commercial 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 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 the images are selected we will proceed with the order. 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 electronic delivery via Google Drive for all real estate and portfolio images. By booking with the photographer you acknowledge internet access is required to receive and download your images. Once the images 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. The photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Additional Terms For Headshot and portrait Services (both individual and mini sessions)
In addition to the terms listing under All Bookings at the top of this page, the terms below will also apply for headshot and portrait photography services. For the purpose of this section, there are three different types of shoots: 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 mini sessions and individual sessions. 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 and Editing: If you have not already, please review samples of my work to make sure that my 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 me, you are giving me full reign over session styling and artistic editing of photos. I 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. Standard retouching is included with all finished images. Photographer has the right to refuse any requested edits to the images. Once the images are delivered, the photographer will not make additional edits.
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 booking 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.
Rescheduling/Canceling/Refund Policy for Mini Sessions, Portrait Sessions: All payments must be received by the start of session or the shoot will be cancelled and the session deposit forfeited. If a client needs to reschedule, 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. If the client cancels, does not show up for the shoot, or loses the session time due to tardiness only the session deposit is forfeited. For shoots on location, a trip charge of $50 plus any applicable travel add-ons (less the session deposit) will be charged 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. 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 15-20 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. For shoots on location, the client will be charged a trip charge plus any applicable travel add-ons and sales tax if you fail to show for your scheduled appointment or your session is lost due to tardiness. This includes providing the wrong location 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.
Delivery Time for Headshot Services: Unless noted on the booking agreement, all images will be delivered to the client within approximately ten business days of the shoot end time. Additional delivery time may be needed for mini headshot sessions since there will be several shoots in one day. This timeframe allows the photographer three business days to narrow down the images and preliminary edit five sample images for the client to select from, the client two business days to select the image to use from the samples provided, and the photographer five business days to edit and deliver the final selected image(s). Any delays in selection from the client will impact the overall delivery time. If an image is not selected by the client within five business days, the photographer will select the image to use and proceed with the order.
Delivery Time for Portrait Services: 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. These sample images are solely for selection purposes and 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. Once the images are selected the photographer is given up to ten business days for final editing and delivery of all images. Any delay in selection from the client will impact the overall delivery time. If the images are not selected within five business days, the photographer will select the images to use and proceed with the order. All payment must be received before the images will be delivered.
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 60 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. 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 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 Damage for Portrait Sessions: 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 camera, camcorder 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: March 31, 2017