DEFINITIONS: The Studio. "The Studio's Main Photographer” is Amy Schenk/ACTS Photography. “The Client” is any person(s), firm, or company with whom the photographer enters into a contract for the sale of services and or goods by the Photographer; Amy Schenk.
ACCEPTANCE OF TERMS AND CONDITIONS: All contracts and transactions between the Studio/Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
WEBSITE AND OTHER SOCIAL MEDIA OUTLETS: The content and images used on this website are the property of and copyright by Amy Schenk, dba ACTS CREATIVE LLC. Certain images may be utilized on other websites and social media outlets under the control of the photographer and/or dba ACTS Photography. No images or content may be copied, duplicated, or otherwise taken from the website without the express written permission from ACTS Photography and/or the creator of the work. Re-editing or adding filters to images is strictly prohibited.
NON-REFUNDABLE CREATIVE RESERVATION FEE: To reserve a session date, reserve the photographer and/or makeup and hairstylist, the client shall pay to Photographer, upon execution of this agreement, a non-refundable creative reservation fee as specified upon booking. The client understands and agrees that the photographer will not schedule/book other sessions during this time. In the event that the client cancels the session/event or fails to show up (attend) to the session/event on the session/events date/time for any reason, Photographer shall suffer losses that are difficult to ascertain. All no shows, past 15 minutes late without communicating prior will forfeit the reservation fee. As such, the client agrees that in the event of cancellation by the client, such a non-refundable reservation retainer shall be forfeited by the client and paid to the photographer as liquidated damages and not as a penalty. The client and Photographer agree that such amount is reasonable.
PAYMENT TERMS: For all Clients, payment for all products and services provided by the Photographer must be made upon the arrival of session/event and/or at the time of ordering of products. Print/Product Credit holds no Cash Value and due to the artistic nature of the photographic services, print and products are non-returnable, non-refundable, and no exchanges. Final Wedding or event payment is due no later than 4 weeks from the wedding/event date. ACTS accepts cash, Visa, MasterCard, Amex, American Express.
RETENTION OF TITLE: The Photographer reserves the right to retain all of the Client’s materials in her post-shoot until all monies owed to the photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made, onto private land where permission has not been granted.
CONDUCT: The Client shall be responsible for the behavior of any person(s) accompanying them to a portrait session assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or her agents for any loss/damage they cause to property or equipment. Taking pictures with other cameras or cell phones is strictly prohibited during the session unless the photographer gives verbal or written permission. Failure to comply may result in additional photographer's guidance fees. Additional Person(s) are not allowed at Boudoir and Pinup sessions.
RESTRICTIONS: ACTS reserves the right to refuse to photograph at requested on-location places that are illegal and dangerous; for her safety and the safety of her clients. Such places but not limited to on live or dead railroad tracks, standing water over 3 feet that is either stagnate or white-capping and private property permission has not been granted.
DELIVERY OF PRODUCT(S) AND SERVICES: The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond her reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, family emergencies, holidays, adverse weather conditions, acts of God, floods, fire, loss or damage in transit, etc.
COMPLETION: Once all monies for all services and tangible art & products ordered have been received, Work is complete when the deliver all tangible art ordered/purchased. This includes, but not limited to digital files on any medium, and or prints, wall art, and all other tangible products ordered.
PORTRAIT CANCELLATIONS: Cancellations for portrait sessions that have a minimum of 48 hours in the advance notice will be given the opportunity to move their session/event appointment to another day and time that is mutually agreed upon between the client and the photographer. Failure to provide written or verbal cancellation with a minimum of 48 hours or no-shows of scheduled booking date and time past 15 minutes of scheduled date/time will forfeit the non-refundable reservation fee. In the event of cancellation at any time by the CLIENTS, all fees and payments made to ACTS Photography are non-refundable and kept by the ACTS Photography as liquidated damages and not as a penalty to the CLIENTS. If the session/event location is moved for any reason the CLIENTS agree to pay any additional travel expenses that may be incurred by ACTS Photography.
WEDDING/EVENT CANCELLATIONS: All wedding/event cancellations must be in writing, signed by the contracted party, and sent via Certified Mail by the United States Post Office. Please contract ACTS for the mailing address. Cancellations for events/weddings must be postmarked no less than 30 days prior to the wedding/event.
Cancellations for events/weddings that have a minimum of 30 days advance notice will be given the opportunity to move their wedding/event appointment as well as all monies paid prior to the cancellation to another day and time that is mutually agreed upon between the client and the photographer. A new contract will be required. The new package price will reflect pricing in effect when the date change occurs.
In the event that the CLIENT cancels less than 30 days prior to the wedding/event, Client forfeits the reservation retainer shall be required to pay the full balance due for liquidated damages.
REFUNDS: ACTS Photography and it's photographers specialize in artistic, photojournalistic portrait photography. Due to the artistic nature of photography, ACTS Photography does not guarantee any specific image will be captured. No refunds shall be made for services and/or tangible goods provided based upon the CLIENTS dissatisfaction with the session or images revealed to them due to the style of photography, their wardrobe choices, their hairstyles, their makeup, the location, time of day and/or weather.
PRICES AND TERMS: a. All prices shown on the Photographer’s price list on her website(s) are subject to change without prior notice. b. The Photographer reserves the right to amend these Terms and Conditions without prior notice. COPYRIGHT: In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. ACTS Photography retains all copyright benefits for all images created forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplication, or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time. If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be at the photographer's discretion. The transfer of copyright will only become applicable after this payment has been made in full.
RESERVES: ACTS Photography and it's photographers specialize in artistic, photojournalistic portrait photography. Due to the nature of event photography, ACTS Photography does not guarantee any specific image will be captured. No refunds shall be made for services and/or tangible goods provided based upon the CLIENTS dissatisfaction with the session or images revealed to them due to the style of photography, their wardrobe choices, their hairstyles, their makeup, the location, time of day and/or weather.
As a client, you acknowledge and agree that the style of photography provided hereunder is artistic, candid, and documentary with posed portraits. Please note that ACTS Photography reserves the creative right to edit and release as proofs only those images deemed consistent with the ACTS Photography artistic vision and standards. Images deemed inconsistent with ACTS Photography's technical and visionary standards are disposed of in the editing process. All reservation retainers are non-refundable and non-transferable for any other service or product.
ACTS Photography reserves the right to make reproductions of images created during assignments for marketing, promotional, competition, and editorial purposes. The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Amy Schenk, dba: ACTS Photography. By submitting your non-refundable reservation retainer, you agree to these terms, and agree to indemnify and hold harmless Amy Schenk; dba ACTS Photography, their agents, and the heirs or assigns.
The details which you provide about yourself and any information which identifies you such as your address and email is considered personal information and will be collected by ACTS upon scheduling.
USE OF PERSONAL INFORMATION
Your personal information will be held and used only for preparing your session, setting up, managing your online gallery account, and to make available to you all the information relating to us. Including future promotions and specials.
PROTECTION OF INFORMATION
ACTS will not pass on or sell your personal information to third parties unless we are required by law or by a government authority to do so.
If your personal information changes or if you no longer wish to subscribe to ACTS' promotions and specials, ACTS will endeavor to correct, update or remove your personal information provided to us as swiftly as possible.
PROPERTY OF PHOTOGRAPHIC IMAGES
Photographic images taken of you by ACTS are the exclusive property of ACTS Photography. ACTS will not sell your private photographic images of you to third parties.
USE OF PHOTOGRAPHIC IMAGES
All Boudoir Images taken of clients are for their personal use only. ACTS Photography WILL NEVER sell clients boudoir images to third-party entities or use them for marketing purposes without your written consent.