Terms of use/Terms and conditions:

 

When ordering and/or paying online and/or in person, any client(s) of Deborah Marie Photography acknowledge(s) that they agree to the Terms and Conditions below:

 

The following terms and conditions apply to any and all clients of Deborah Marie Photography.

Clients signing by electronic signature or otherwise, acknowledge acceptance and agree to contracts submitted to them by Deborah Marie Photography. Client’s acknowledgement of receipt of contract and/or Photographer’s receipt of Deposit/monies paid online, in person or through USPS, constitutes acceptance of contract whether or not it is signed or endorsed. All clients paying online, in person or through the USPS acknowledge that they agree to the terms of use.

 

Any documents, records or creations including but not limited to written instructions, drawings, photographs, computer programs, notes or memorandum relating to the business of Deborah Marie Photography, shall be deemed the property of Deborah Marie Photography and any and all outstanding documents of such shall be surrendered to Deborah Marie Photography in the event of termination of this agreement. Said client will not retain any copies thereof or any extracts there from. The Client does hereby assign to Deborah Marie Photography the total right, title and interest in and to any copyright in any existing or future works or part thereof of whatsoever nature that Deborah Marie Photography, individually or jointly with any other person(s) has made, created or will make or will create during the course and scope of this agreement and the performing of services by Deborah Marie Photography for said client.

 

Exclusivity:

Clients, by hiring Deborah Marie Photography, agree that Deborah Marie Photography and her associates are the sole photographer(s) for contracted event and there will be by no means any other photographers/videographers, whether professional or amateur, shooting contracted event. Client acknowledges that Deborah Marie Photography and her associates shall be the sole and exclusive photographer for the contracted event. Client further acknowledges that Deborah Marie Photography and her associates are not responsible for the impact on the final product resulting from interference during the photography process by guests or other vendors including videographers. In the event that additional photographers/videographers not affiliated with Deborah Marie Photography are present and shooting said event, and/or formals, and/or bridal portraiture, and/or formal shots, there will be an additional $700.00 second shooter fee assessed, which is equivalent to the local trade standard for a second shooter.

 

Furthermore; delivery of product/images is contingent upon full and complete payment, payments for any unseen incidences or added packages, fees or assessed fees. Deborah Marie Photography additionally holds the right to withhold delivery of said products/images if there is any outstanding balance for any reason.

 

Harassment:

Clients, by hiring Deborah Marie Photography, agree to be responsible for ensuring appropriate behavior of themselves, family members, wedding party, guests, attendees, vendors and venue personnel before, after and during the portrait or wedding event. In the event that any photographer or assistant of Deborah Marie Photography experiences any inappropriate, threatening, hostile, offensive or harassing behavior (including, but not limited to; harassment, intrusion, unwelcome sexual advances, foul or inappropriate language, threats of bodily injury, equipment loss, monetary loss, threats of suit, or threats of any other nature, etc.) from any client, wedding party members, guests, attendees, vendors or venue personnel, whether or not they are invited or hired, before, after or during the photo session or wedding event;  Deborah Marie Photography and associates reserve the right to end photography coverage or editing immediately and will leave the event or the editing process, until the issue is resolved. In the case of no resolution, or at the discretion of Deborah Marie Photography's owners, photographers and personnel, all agreements shall be deemed terminated, and Deborah Marie Photography shall be relieved of all duties and responsibilities under said contract. Deborah Marie Photography shall be entitled to retain all retainers and all other monies paid hereunder and client agrees to relieve Deborah Marie Photography and her associates of any responsibilities and hold Deborah Marie Photography and her associates harmless as a result if incomplete photography coverage due to the above aforementioned behaviors.

 

Contract:

Clients agree that all contracts are final when signed by said client and no adjustments may be made without an addendum to the original contract written by Deborah Marie Photography and signed by both parties. Additions to, write-in's and addendums written by the client will not be acknowledged and are null and void upon receipt. Clients additionally agree that all verbal contracts conducted by Deborah Marie Photography are binding and will be re-iterated in follow-up emails or written addendums mailed by USPS addressed to the client. All contracts, whether written or verbal, are considered valid and are binding.

 

Content:

Client further herein acknowledges as received, and by signing releases, hereby give the Photographer and assign my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for product or services in relation to Deborah Marie Photography. Clients agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. Clients agree that copyright belongs to Deborah Marie photography. Clients acknowledge and agree that they will make no further claim for any reason to Photographer or her partners. Clients acknowledge and agree that this release is binding upon my heirs and assigns. Clients agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from which we live. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

 

Print/Product Orders:
Clients understand that print and product orders may take up to 8 weeks for delivery depending on the vendor source used. Clients further understand that print and product orders must be made within 3 months of the delivery of said client's proofs/and or cd/dvd. If print and product orders have not been made within the 3 month period allotted, additional fees may be charged in order to keep your image gallery running and/or uploads. Additionally, all image files will be archived afte 1 year and discarded after 3 years.

 

Free Engagement Sessions

Clients agree that Free Engagement Sessions are a gratuity to the Bride and Groom for booking their wedding with Deborah Marie Photography. Free Engagement Sessions are limited to 2 hours, 2-3 clothing changes, and 20 Hi Res images of the photographers choosing on disc. Proofs, and/or images of Free Engagement Sessions will be available between 4 weeks and 6 months, depending upon time constraints due to heavy and/or busy wedding seasons. Clients of Deborah Marie Photography agree that in the event that booked weddings are cancelled for any reason, the Free Engagement Session will revert to the full price of an $85 sitting fee per hour, with a minimum of 2 hours, plus the engagement session package price of $575 with said clients being responsible for payment of the above amounts.

 

Wedding Services

Clients agree that Wedding Sessions will be conducted by Deborah Marie or by one of her associate shooters with Deborah Marie Photography. Wedding Sessions are limited to the contracted time allotted. All wedding packages and custom wedding packages are at the descretion of Deborah Marie Photography and images of said Sessions will be available between 4 - 6 weeks during the Winter months and 8-12 (and in rare cases, 14) weeks during the period of May 1st through November 30th, depending upon time constraints due to heavy and/or busy wedding seasons. Photography services for custom wedding packages will be performed within the guidelines set forth by the photographer. Clients understand that the number of finished proofs are dependent upon the number of bridal party members, locations, clothing changes, usable vs. un-usable images do to eye blinks, head or body movement, or other un-flattering results, etc., and may yeild from 100 on the low end to 150+ image proofs for custom packages and from 200 to 400+ proof images for full weddings. Clients of Deborah Marie Photography agree that in the event that booked sessions are cancelled at the last minute for any reason (less that 30 days), all retainers, deposits, and payments will be forfeited to Deborah Marie Photography.

 

Senior and Portrait Sessions

Clients agree that Senior and Portrait Sessions are conducted by Deborah Marie or by one of her associate shooters with Deborah Marie Photography. Senior and Portrait Sessions are limited to 1 paid hour, 2-3 clothing changes, and up to 2 locations for family portrait sessions or 4 locations for senior sessions. Proofs, and/or images of said Sessions will be available between 4 - 6 weeks during the Winter months and 8-10 weeks during the period of May 1st through November 30th, depending upon time constraints due to heavy and/or busy wedding seasons. Clients understand that the number of finished proofs are dependent upon the number of locations, clothing changes, usable vs. un-usable images do to eye blinks, head or body movement, or other un-flattering results, etc., and may yeild from 50 on the low end to 150+ image proofs. Clients of Deborah Marie Photography agree that in the event that booked sessions are cancelled at the last minute for any reason (less that 30 days), all retainers, deposits, and payments will be forfeited to Deborah Marie Photography.

 

Weather

The client herein acknowledges that Deborah Marie Photography is not responsible, nor can be held liable for weather changes, rain, venue changes or clients choice of venue, acts of God in general, uncooperative subjects and children, and expressions or lack thereof of said clients, their family, friends or any other subjects. The client further acknowledges that they are solely responsible for the cooperation of children, family members, friends or other subjects posing for images; and not that of the photographer.

 

Deposits and Monies:

The client herein acknowledges any and all deposits are non-refundable. Payments made to Deborah Marie Photography in installments/payment plans are considered deposits until the last payment is made on or before 30 days prior to the wedding date; in which the last and final payment due will be considered the balance of said contract. In the unfortunate case that a contract must be dissolved, prior notice must be rendered to Deborah Marie Photography within 60 days of the wedding date in order to receive 50% of the contracted amount, and/or the "balance due." In the case of installment/payment plans, the final payment balance due is eligible for a refund if made 60 days prior to the wedding and there is a 60 day prior notice given to Deborah Marie Photography. Any and all cancellations made after the 60 day period will not be
eligible for a refund.

Client additionally agrees that they will not obtain chargebacks or reverse Paypal charges on any of the payments made to Deborah Marie Photography, Deborah Levendusky or D.Marie Boutique Photography; and that if disputes arise that I am obligated to resolve outside of my terms and conditions, that those disputes
will be resolved through Arbitration. Client agrees that they fully understand these terms at the time of signing, and that if they do proceed with any chargebacks, that Deborah Marie Photography and her associates are entitled to all monies refunded to her along with an additional $400 service fee, plus any additional charges and fee's incurred by her financial institution.

 

All Terms and Conditions are final. Copyright 2014.