Terms & Conditions

(WHEN BOOKING A SESSION, YOU AGREE TO THESE TERMS OF SERVICE UPON PAYING YOUR RETAINER FEE. ANY TRADE WORK AGREED TO BY THE PHOTOGRAPHER AND ANOTHER VENDOR IS STILL SUBJECT TO THESE TERMS AND CONDITIONS.)

LOCATION

UNLESS SPECIFIED BY CLIENT, I WILL RECOMMEND AND SELECT THE LOCATION WHERE THE PHOTOSHOOT WILL TAKE PLACE. I AM A NATURAL LIGHT PHOTOGRAPHER, THEREFORE, MOST OF MY LOCATIONS WILL BE OUTDOORS, AS LONG AS WEATHER PERMITS. I ALSO UTILIZE INDOOR LOCATIONS WITH ADEQUATE NATURAL LIGHT.

TIMELINESS + ATTENDANCE

CLIENT SHOULD ARRIVE TO PHOTOSHOOT AT LEAST 15 MINUTES TO CHANGE INTO CLIENT CLOSET OUTFITS (HAIR AND MAKE UP MUST BE DONE PRIOR TO ARRIVAL). TIMELINESS IS IMPERATIVE FOR THE SMOOTH EXECUTION OF EACH SESSION. ADDITIONAL TIME WILL NOT BE ADDED TO A SESSION, IN THE EVENT OF TARDINESS. GRACE PERIOD OF UP TO 15 MINUTES WILL BE GIVEN FOR EACH SESSION. AFTER 15 MINUTES, SESSION WILL BE CANCELLED AND CLIENT WILL FORFEIT RETAINER PAYMENT FOR THE SESSION.

CANCELLATIONS/RESCHEDULING

IN THE EVENT A RESCHEDULE IS NECESSARY DUE TO INCLEMENT WEATHER, ILLNESS, PERSONAL OR FAMILY EMERGENCY, A 3-DAY NOTICE (UNLESS DEEMED UNFORESEEN CIRCUMSTANCE) IS NECESSARY AND THE NEW SESSION DATE WILL BE SCHEDULED AS SOON AS POSSIBLE. IF NEW DATE IS NOT SCHEDULED WITHIN 6 MONTHS (SUBJECT TO AVAILABILITY) FROM THE DATE OF SCHEDULED SESSION, CLIENT SESSION FEE WILL BE LOST. 

IN THE EVENT THAT I AM UNABLE TO PERFORM REQUIRED WORK ON THE DAY OF THE SESSION, DUE TO ILLNESS, PERSONAL OR FAMILY EMERGENCY, A FULL REFUND OF SESSION PAYMENT WILL BE PROVIDED TO YOU WITHIN 3 DAYS OF SCHEDULED EVENT (PLEASE ALLOW 7-10 BUSINESS DAY FOR THE MONEY TO GO BACK TO YOUR ACCOUNT). CLIENT AGREES TO INDEMNIFY CONSULTANT FOR ANY LOSS, DAMAGE OR LIABILITY.

PRINTS & PRODUCTS

CLIENTS WILL RECEIVE AN ONLINE PROOF OF GALLERY OF EDITED IMAGES WITHIN 2-3 WEEKS FOR PORTRAIT/ LIFESTYLE SESSIONS AND 3-4 WEEKS FOR PRIVATE EVENT SESSIONS. THE FINAL GALLERY WILL BE DELIVERED ONLY AFTER ANY AGREED DUE BALANCES ARE PAID FOR. GALLERIES WILL AUTOMATICALLY EXPIRE AFTER 30 DAYS. PRINTS ARE AVAILABLE FOR PURCHASE VIA CLIENT'S ONLINE GALLERY, AND ALL PURCHASES ARE SUBJECT TO A TERMS OF SALE.

GIFT CERTIFICATES

YOUR GIFT CERTIFICATE IS ISSUED BY, AND REMAINS PROPERTY OF PAULINE HAMMER PHOTOGRAPHY, LLC. IT MUST BE KEPT IN A SAFE PLACE AND PRESENTED AT TIME OF SCHEDULING YOUR PHOTO-SESSION (EITHER BY PHONE PICTURE OR IN PERSON) IN ORDER TO RECEIVE THE BENEFITS OF THE GIFT CERTIFICATE. ALL SESSIONS MUST BE SCHEDULED AT LEAST ONE MONTH IN ADVANCE, AND ARE BASED ON PHOTOGRAPHER AVAILABILITY. ALL GIFT CERTIFICATES ARE NOT CONVERTIBLE TO CASH, BUT MAY BE EXCHANGED FOR A DIFFERENT SESSION AT THE SAME VALUE. ALL GIFT CERTIFICATES MUST BE USED BEFORE THE EXPIRATION DATE OR IT WILL BE FORFEITED. PAULINE HAMMER PHOTOGRAPHY, LLC RESERVES THE RIGHT TO CANCEL YOUR GIFT CERTIFICATE IF WE SUSPECT IT IS BEING USED FRAUDULENTLY OR IN BREACH OF THE TERMS AND CONDITIONS.

COPYRIGHT & PUBLICATION NOTICE

PAULINE HAMMER PHOTOGRAPHY, LLC RETAINS COPYRIGHT OF ALL IMAGES PROVIDED— PRINT OR DIGITAL. IMAGES PROVIDED TO CLIENT MAY NOT BE REPRODUCED IN ANY WAY, UNLESS INDICATED BY A PRINT RELEASE. IMAGES PROVIDED BY MAY NOT BE CROPPED OR EDITED/ALTERED IN ANY WAY. THE CLIENT ALSO GIVES PERMISSION TO USE HIS OR HER PHOTOGRAPHIC LIKENESS FOR ONLINE AND PRINT ADVERTISING FOR PAULINE HAMMER PHOTOGRAPHY, LLC.

GENERAL LIABILITY & RELEASES

PAULINE HAMMER PHOTOGRAPHY, LLC WILL TAKE ALL REASONABLE CARE IN THE PRODUCTION OF THE IMAGE(S) AND THE PERFORMANCE OF THIS AGREEMENT. BUT PAULINE HAMMER PHOTOGRAPHY, LLC WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, OR COSTS, SUFFERED BY CLIENT, OR BY ANY THIRD PARTY, ARISING FROM CLIENT’S USE OF ANY IMAGE(S). CLIENT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS, PHOTOGRAPHER, HER CONTRACTORS, AND HER REPRESENTATIVES, AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, THAT MAY ARISE FROM CLIENT’S USE OF ANY IMAGE(S). 

ACCEPTANCE OF TERMS

CLIENT MAY NOT ASSIGN OR TRANSFER THIS AGREEMENT OR ANY OF THE RIGHTS GRANTED HEREUNDER. THIS AGREEMENT IS BINDING UPON, AND INURES TO THE BENEFIT OF, CLIENT AND PHOTOGRAPHER, AS WELL AS THEIR RESPECTIVE PRINCIPALS, EMPLOYEES, REPRESENTATIVES, AND SUCCESSORS. CLIENT AND ITS PRINCIPALS, AND EMPLOYEES, ARE JOINTLY AND SEVERALLY LIABLE FOR THE PERFORMANCE OF ALL PAYMENTS AND OTHER OBLIGATIONS HEREUNDER. NO AMENDMENT OR WAIVER OF ANY ITEMS IS BINDING UNLESS SET FORTH IN WRITING AND SIGNED BY THE PARTIES. E-MAIL AND ELECTRONIC SIGNATURES WILL BE CONSIDERED LEGAL AND BINDING. HOWEVER, THE INVOICE MAY REFLECT, AND CLIENT IS BOUND BY, CLIENT’S ORAL AUTHORIZATIONS FOR ANY ADDITIONAL IMAGE(S), FEES, AND EXPENSES, THAT COULD NOT BE CONFIRMED IN WRITING DUE TO THE IMMEDIATE PROXIMITY OF COMPLETING THE PHOTOGRAPHY ASSIGNMENT. 

THIS AGREEMENT WILL BE DEEMED TO BE A CONTRACT MADE UNDER THE LAWS OF THE UNITED STATES, AND FOR ALL PURPOSES WILL BE INTERPRETED IN ITS ENTIRETY IN ACCORDANCE WITH THESE LAWS. CLIENT SPECIFICALLY AND IRREVOCABLY CONFERS PERSONAL JURISDICTION OVER IT BY THE COURTS OF THE UNITED STATES. CLIENT WILL PAY ALL ARBITRATION AND COURT COSTS, REASONABLE LEGAL FEES, EXPENSES, AND LEGAL INTEREST, ON ANY AWARD OR JUDGMENT IN FAVOR OF PHOTOGRAPHER. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. 

IN ADDITION TO ORAL AND WRITTEN AGREEMENTS, PLACING A RETAINER FEE FOR A FUTURE SESSION AND/OR USE OF ANY IMAGE(S) BY CLIENT WILL CONSTITUTE ACCEPTANCE OF ALL THE ABOVE TERMS AND CONDITIONS. THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN PAULINE HAMMER PHOTOGRAPHY, LLC AND CLIENT WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDES ALL PREVIOUS AGREEMENTS, UNDERSTANDINGS, AND COMMUNICATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE TWO PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.

PAULINE HAMMER PHOTOGRAPHY, LLC IS NOT RESPONSIBLE FOR OBTAINING MODEL, PROPERTY, TRADEMARK, COPYRIGHT, OR ANY OTHER, RELEASES IN CONNECTION WITH THE IMAGE(S) UNLESS SPECIFICALLY STATED IN THIS AGREEMENT. IT IS CLIENT’S RESPONSIBILITY TO OBTAIN ALL NECESSARY PERMISSIONS FOR ANY IMAGE USE THAT REQUIRES A RELEASE OR OTHER CONSENTS. SHOULD PHOTOGRAPHER AGREE TO DELIVER ANY RELEASES, IT IS CLIENT’S RESPONSIBILITY TO DETERMINE WHETHER SUCH RELEASES ARE SUITABLE FOR CLIENT’S PURPOSES. PHOTOGRAPHER GIVES NO WARRANTY OR GUARANTEE AS TO THE LEGAL VALIDITY OF ANY RELEASE. IN ANY EVENT, PHOTOGRAPHER’S LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE TOTAL AMOUNT PAID UNDER THIS AGREEMENT.

THESE TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. (LAST UPDATED ON MAY 1, 2024)