Terms and Conditions for Megs Creatives
Retainer & Payment
The Client must pay a non-refundable, upfront retainer fee of at least 50% of the session total to secure the date requested of Meg Creatives to perform the services specified. The following payment of the retainer, balance of remaining fees due is to be paid on, or before the date of the session. No photographs will be delivered until all payments due have been paid in full. Payment for additional images must be requested previous to the session date.
Online Gallery
Megs Creatives keeps client files for up to 1 year after the session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
Client Usage
The Client is obtaining images for personal use only and shall not sell, alter or authorize any reproductions of any images by parties other than the Photographer. Without permission from the Photographer, the Client will not edit, filter, screen shot or otherwise of the Photographer’s images. If Client is obtaining a print for reproduction or publication, Photographer authorizes Client to reproduce the print as agreed upon by Client and Photographer. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
Rescheduling
The Client or Photographer may have the ability to reschedule the retained date due to unforeseen circumstances if applicable. Any rescheduling on behalf of either parties will result in the change of the former date, in which both parties must agree upon a new date, updating necessary and lawful information before moving forward.
Cancellation
Megs Creatives has a NO CANCELLATION policy. If the Client chooses to withdrawal from this agreement all session funds given by the Client are hereby forfeited to Megs Creatives and the agreement of services requested from Megs Creatives will be nullified.
Social Media
This applies to all social media sites and online presence including Instagram, Facebook and personal blogs. When published online it is required that citation of Megs Creatives be made. Client agrees that they will under no circumstances alter any images that are shared online. The Client agrees to be responsible for any family member or friend who posts Megs Creative’s images online and agrees to inform them that they cannot be cropped, altered in color, or edited in any way.
Copyright & Reproductions
All created materials, including but not limited to, all original and edited digital images, original and edited videos and all hard copies of creations shall be the exclusive property of the Photographer. The Photographer shall own the copyright within all images created and shall have the exclusive right to make reproductions.
Poses & Retouching
All deliverable images as per agreement will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client as the finished product(s) shall be deemed correct. Extra retouching, digital manipulation and additional fine art finishing is available to the Client as an option at extra cost. It is understood that the Photographer is not responsible for altering any images to cover parts of the body that do not wish to be seen unless confirmed otherwise with Photographer. Client accepts that all images will be taken and edited based on the Photographer’s experience and artistic view. If the Client has special requests, Photographer agrees they may create a custom pose list of all required poses. If said list is required, Client must provide list within 72 hours of session date, giving the Photographer ample time to properly prepare.
High Resolution
Images delivered are 300DPI with an average of 3600 – 4000 Pixels in the longest edge.
Attendance
The Photographer may substitute another photographer to cover the session in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the replacement photographer shall be a competent professional and carry out the terms of agreement as so.
Failure to Perform
If the Photographer cannot perform this Agreement due to the event(s) that purchased images are damaged in processing or otherwise, the Photographer shall return the full amount of session payment to the Client but shall have no further liability with respect to the Agreement.
Liability
If children are involved, it is Client’s responsibility to respectfully manage their children during the session; Megs Creatives will not accept responsibility for poor behavior, upset children, accidents related to adults/children in or out of session, as well as damage to public or private properties during the session. It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the time of the session with Megs Creatives (unless agreed otherwise with Photographer) and that any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and loss of initial payment by the Client.
