Terms & Conditions

 

 

Other photographers shall not be hired or take photographs and no photographs shall be taken during formal photography sessions except by Photographer. Booking required at least 2 weeks in advance. A 50% non-refundable retainer is due at booking. Remainder due the day of shoot prior to shooting. Last-minute bookings (less than 2 weeks) require a full session fee at booking.


Pricing and turnaround are subject to change without notice based on the characteristics of each shoot. All prints and print products are generated from a professional vendor to ensure quality and color accuracy. Noel Potts Photography is not responsible for pictures printed anywhere other than through our vendor.

Packages can not be altered. Re-editing any image or printing a watermarked image is a violation of your contract and can be taken to a court of law.


Retainer Fee
Retainers must be paid within 24 hours of booking. Mini sessions are required to be paid in full upfront. Full sessions require half down within 24 hours of booking. Retainer fees are not refundable and will be applied towards future full or mini sessions if you need to cancel. Mini sessions require full payment at booking.


Refunds
Monies paid towards sessions, products, or gift certificates are not eligible for a refund under any circumstances. Credit will be applied in the paid amount for future sessions or products.


Canceling
If you cannot make your photography session on the date and time stated above, you will need to give a 48-hour notice with a written form of canceling.

Sneak Peeks
The client will have 1-5 sneak peeks posted on my Facebook page at their request. These are not to be printed or altered in any way. You may use them for your profile or cover photos (please only use horizontal photos as cover photos).

Online Galleries
The client will receive a gallery within 2-3 weeks of his or her session. This is a proofing gallery and will contain the final images from the session. The client will have 5 days from the date the gallery is e-mailed to make his or her final orders. If the gallery must be re-opened for any reason past those 5 days, there will be a $10 fee that must be paid before the gallery is re-opened.


Cooperation/No Shows
The photographer is not responsible if Client and/or key individuals fail to appear or cooperate during the photo session, or missed poses due to details not revealed to Photographer. All monies paid are forfeited and non-refundable in the event of a no-show. Session starts at the selected session time. Any minutes the client is late, it is deducted from the total session time. After 20 minutes of no-show, the photographer will leave the location. Photographer’s camera is the only camera allowed at photo sessions because of the distraction it causes, especially to small children, which hinders the Photographer’s ability to obtain quality shots. Reimbursement for destruction to Photographer’s property, props or personal belongings by the client or their child(ren) is the responsibility of the client. There will be a $15 fee required to reschedule a shoot in the event of a no-show.

Reshoots
If the client is unhappy with the photos received in their gallery for their initial session, he or she may contact the photographer for a reshoot at no additional charge. Reshoot must be scheduled within 2-3 days of the client receiving the gallery from the initial shoot. All images from the initial shoot will be deleted, including sneak peeks. Mini sessions are not eligible for reshoots.

Copyright
All images are copyright to Noel Potts Photography (“Photographer”). In exchange for services provided, Photographer retains the exclusive right to copy, edit, and distribute and/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.


These exclusive rights make it illegal to copy, scan, edit, crop print, or share photographic prints and digital media without the Photographer’s permission.

Prints
Noel Potts Photography is not responsible for the quality of images printed anywhere other than our professional print lab.


Client’s Usage
The client is obtaining digital files for personal use only, and shall not sell said files or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release provided. Prints for publication, such as editorial, public relations, or advertising use, require prior written consent from Photographer. A credit line that reads “Noel Potts Photography” in type no smaller than that of the related text must appear adjacent or within all permitted published photographs.


Model Release
Client grants to Photographer the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising, and other purposes, and in any other manner and medium; to alter the same without restriction and to copyright the same. The client hereby released Photographer from all claims and liability to said photographs.

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


Image Storage
Images will remain on file for one year from the date of the portrait session.
This agreement contains the entire understanding between the Photographer and the 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 both 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 Noel Potts Photography. Photographer can not be held responsible for loss of images due to equipment/technology failure as that is not something that can be controlled.

​I hereby release and consent that photographs taken of me and my minor children by the Photographer may be used by Noel Potts Photography for the purpose of display, advertising, portfolio and website development. I acknowledge that by signing this form that I agree that I have no rights to the images and all rights to the images belong to the Photographer and assigns. The client acknowledges and agrees that they have no further right to additional consideration or accounting and that they will make no further claim to any reason to Photographer and/or assigns. The client acknowledges and agrees that this release is binding upon their heirs and assigns.