Shanna True Photography (the Photographer) is the sole property owner of all images and copyrights. Shanna True Photography reserves the exclusive right to use, copy, edit, and distribute any and all negatives, RAW images, edited images, and/or reproductions for any type of advertising, display, sales, publication, monetary gain or other purposes not restricted to use on the web, facebook, business cards, or posters. Photographer retains the right to edit or omit any image. The client agrees to abide by the photographer’s editing decisions.
All photos created by Shanna True Photography are copyright protected and it is a violation of the federal copyright law to copy, scan, or allow photographs created by the Photographer to be reprinted, duplicated, reproduced, scanned, copied, or digitally altered without the Photographer's written consent. The Client may print or reproduce images an infinite amount of times with the written consent of the Photographer in the form of a signed print release. The negatives/raw digital files remain the sole property of the Photographer and will never be given out or sold.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. Photographer retains copyright to the photographs. Printing and/or distribution rights granted as noted above.
Upon signature and receiving of a (%50 of total) retainer for session date, the Photographer shall reserve date and time agreed upon and will not make any other reservation for that date and time. For this reason, all retainers are non-refundable, even if the Client cancels the session or changes the date, except as noted in the next paragraph. Remainder of payment must be paid before the session starts at the time of the session. No part of any order will be delivered until the balance has been paid in full.
If Photographer cannot perform this Contract due to fire or other casualty, act of God, or other cause beyond the control of the parties enacted upon Photographer, or due to Photographer’s illness or emergency, then Photographer shall return the retainer to Client, but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of Photographer. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the retail value of Client’s order.
Clients agree to abide by the above mentioned date and time and failure to do so will result in losing the retainer paid. If Client is delayed to session for any reason, they must notify the Photographer immediately. The Photographer will wait at the agreed upon location for approx. ten minutes past the agreed upon time, unless the Client notifies the Photographer within the time frame and together they agree on a new time. After the allotted time frame of ten minutes, if the Client has not notified the Photographer, the Photographer has the right to leave the location and the Client will forfeit the retainer indefinitely. Any Client arriving late acknowledges that the amount of time they are late may be deducted from the time allotted for the session at the discretion of the Photographer. The Client understands and agrees to give the Photographer a fair warning of any tardiness.
In the event that the Client does not show up to the agreed upon location and does not notify the Photographer in a timely fashion, the Client will indefinitely forfeit their retainer.
Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
The Photographer is only expected to provide edited photos only. No RAW or unedited photos will be given to a Client at any time. The Client acknowledges that they will not receive every photo that is taken during a session or wedding. The Photographer, and the Photographer only, will determine which photographs are desired to be shared. All photographs are property of the Photographer at all times.Photographer is not responsible for any photographs not taken. Photographer is also not liable for photographs that do not completely match the Client's idea as all sessions are different and many different things contribute to different photograph ideas.
Photographer will edit photos for color correction, exposure ,and basic retouches
including blemishes and/or minor hair/wardrobe malfunctions if feasibly possible.
Additional extensive editing at the request of the Client can be purchased at an additional fee of $50 per image.
Retainers and session fees may be paid by cash, money order, or with a credit card. Payments made with by credit card will be done with a secure invoice through paypal. No personal checks will be accepted by Shanna True Photography. We apologize for the inconvience. Please note that a state sales tax of 6% will also apply.
For sessions beyond thirty (30) miles of Danville, Kentucky, the Client is responsible for paying a milage fee of $0.55 per mile for the excess amount (roundtrip).
In the event that lodging is necessary in order to complete this agreement, the Client agrees to pay no less than 75% of the lodging expense.
All expenses will be clearly provided to the Client on the final invoice. Retainers are required to be paid before session date and time are finalized. Final payment must be paid prior to the session beginning or the Client may be forced to forfeit the retainer and session may be cancelled at the discretion of the photographer.
Shanna True Photography is an on-location photographer and depends on the weather to cooperate in order to create beautiful photos. In the event that weather, illness, or other reasons causes the photographer to reschedule a session – the Client will be informed immediately and given the option to reschedule the session or receive the retainer back.
The retainer is non-refundable if the Client reschedules or cancels the session for any reason. If the Client must reschedule or cancel the session, they must notify the Photographer immediately. A 24-48 hour notification is recommended and appreciated. If the session is rescheduled for a later date, the original retainer paid will go forward as the new deposit for the new date. The Photographer will make every effort to work with the Client on rescheduling a new date. The Photographer will not reschedule nor refund any monies for any session due to complaints about choices of clothing, makeup, choices of jewelry, weather related problems such as wind, or by not following the recommendations of the photographer. The Client is responsible for all wardrobe choices and malfunctions.
Delivery of Images
Completion of processing and editing photos may take up to:
8-12 weeks for wedding
3-6 weeks for all other sessions
Clients will receive images via an online gallery, through which the Client will download the available images, with a print release for personal use after the session has been paid in full. The Client may receive images on a CD instead of the online gallery for a small additional fee of $5.00 if they desire. Client understands that they are not granted permission to edit the photos in any way. Images are for SELF USE and/or SELF PROMOTION only and can be used for, but are not limited to, books, cards, invitations, calendars, and websites. Client is allowed to reprint the images provided an infinite amount of times.
Client is responsible for making a backup of all photos immediately after downloading. The Client will have thirty days from the day the Photographer uploads the photos to the gallery to download the images from the online gallery. After thirty days, the images may be deleted from the online gallery at the discretion of the Photographer. If the images are not downloaded within the thirty days, a small fee of $10.00 may be required from the Client for the Photographer to reload the images to the gallery. The photographer will make every attempt to keep copies of all photos for up to six months after the initial session, but cannot guarantee that the photos will be retained indefinitely. In the event that the online gallery does not download properly, the Client must notify the Photographer within the thirty days to make arrangements to receive the photos in an alternative way. After the thirty days, the Client may be required to pay a small fee of $10.00 to have the images delivered in an alternative way.
The session must be paid in full in the amount of the price of the session agreed upon by the Photographer and the Client before the Client will receive the final, edited images.
Shanna True Photography also provides prints and other print product(s) (ex: canvases, albums, frames, etc) through a professional lab for their Clients if they so wish. Any products that the Client wishes to order must be paid in full at the time of ordering. The Photographer will not order any of the print product(s) until they have received the full amount.
Shanna True Photography will inspect and note any damages or imperfections before the Client receives the product(s). In the event that product has any damages or imperfections prior to the Client receiving their order, the Photographer will make all efforts to get a replacement through the lab.
Once the Client has received and accepted the product(s), the Client has then accepted any flaws or imperfections and releases Shanna True Photography and the professional lab of any liablity in respect to any print products that are lost, stolen, damaged, or destroyed while in the responsiblity of the Client.
With this agreement, the Client also agrees to a model release with the Photographer agrees to the the irrevocable and unrestricted right to use and publish photographs of Client, Client’s family and/or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium with the same copyright as above. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said images.
No images that contain extreme nudity will be published. Any intimate images with mild nudity (ex: Boudoir) will not be published without the writen consent of the Client.
If the session is taking place as a result of a giveway from Shanna True Photography, I, the Client, understand that this is a session has been given to me with no charge and I allow Shanna True Photography to use these photos for marketing, submission and business purposes. I agree that I hereby give permission to Shanna True Photography to use my photos and likeness in all forms and media for advertising, portfolio, demo, and editorial submissions. If I choose to back out of allowing Shanna True Photography to use the images for promotional purposes, I agree to pay a $200 fee. I understand that I am entitled to no compensation from these images.
All other paragraphs in this contract shall also apply to the Client regardless of whether this is a paid session or a session at no charge. Shanna True Photography has the right to forfeit any giveway sessions at any time.
The Client also understands that there will be no reshoots as a result of a giveaway shoot. All giveaways or no charge sessions are a one-time only session. If the Client requests a reshoot, the Client understands that the reshoot will be done at the regular session rate.
Limit of Liability
All session images will remain in the online gallery for no less than thirty days, afterwhich the images may be taken down by the Photographer. After the thirty days, the Photographer no longer has any liablity to retain the images. However, the Photographer will make every effort to retain the edited or original images for a period of at least six months afterwhich the Photographer can make the decision to retain or destroy the images.
In the event that any or all of the original images are lost, stolen, damaged, or destroyed within the thirty days after the session date and the circumstances are beyond the Photographer's control, the Photographer's liablity is only limited to the refund of all payments received or a reshoot session at no additional cost. This amount can and will be prorated based on the amount of originals damaged, lost, or destroyed.
In the event that the Photographer is injured or becomes too ill to attend the agreed upon session, the Photographer will make ever effort to reschedule at the earliest date available or refund the retainer and any monies previously received. If the situation should occur and the session is on a scheduled date (ex: a wedding), the Photographer will make every effort to secure a replacement Photographer. If the situation should occur and a suitable replacement is not found, all responsiblity and liability is limited to the return of all payments received.
In the event of a total photographic failure or cancellation of this contract by either party or for any circumstance, the liablity of one party to the other shall be limited to the total value of the contract and no more. Neither party shall be liable for indirect or consequential loss.
Liablility, Accident Waiver, and Release of Personal Liability
The Client releases the Photographer, Photographer's employees, Photographer's assistants, and the Property Owner of any responsibility regarding the personal injury that may be obtained during a photo session.
The Client agrees to waive, release, and discharge from all liability, including but not limited to, liability arising from the negligence or fault of the entities, or persons related for mine and my family's disability, personal injury, property damage, property theft, or any actions of any kind which may hereafter occur to me including my travel to and from this activity.
In addition, I hold harmless and agree not to sue the entities or persons mentioned in this paragraph from all liabilities or claims made as a result of participation in any activity related to the photography session. With my signature on this agreement, I agree and understand this paragraph.
Please note that all images produced by Shanna True Photography have been edited with the use of color calibrated monitors and professional editing programs. To get the best quality, it is highly recommended that the images be purchased through the Photographer and printed on high-quality photographic paper by the professional lab associated with the Photographer; although this is not required. Images printed by any alternative lab may appear less sharp or may appear to have different colors than the original image. Shanna True Photography is not liable for the quality of images printed by any imaging lab, both professional and non-professional. The Client is also aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Due to the personalized nature of the products and images, all sales are final and there will be no refunds or returns.
All prices - session fees and printing fees - are always subject to change. To lock-in the session fee, please pay the retainer fee within 24 hours. To lock-in printing prices, printing fees must be paid prior to the Photographer ordering.
In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.
All policies listed above are non-negotiable.
This Contract incorporates the entire understanding of both parties. Modification to this Contract must be in writing and signed by both parties.