Terms & Conditions
When you purchase a session with Fungirlwithacamera, you are agreeing to the following terms subject to :
Agreement This agreement contains the entire understanding between Fungirlwithacamera Photography and the client. This agreement supersedes all prior and simultaneous agreements between the parties.
Torrential Weather If the weather is torrential and Photographer determines shoot is not possible, the session will be rescheduled for another day.
Requested Coverage Fungirlwithacamera Photography will honor requested photographs but does not guarantee any specific photographs.
Variations in Outcome Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session.
Liability Relating to Session Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment. Client also agrees to hold Photographer harmless for any sickness developed during and immediately following the session.
Copyright The Photographer owns the copyright to all images created during the Session and shall have the exclusive right to use for the Purpose of their Photography Business, including all RAW Images, even though Client does not get access to them as part of this agreement. This usage includes the rights to make re-productions, edits, use on all social media platforms, for advertisement, on website, galleries and any other usage deemed appropriate for the Photographers Business usage. You have the right to purchase the rights to your Photos by Purchasing Digital Downloads on Photographer’s Website Shop. You are acknowledging that by purchasing these rights, Photographer still has the right to use all of the images for the purpose of the Photographer’s Business as stated above. Should the images contain a child or children, Client as parent or guardian of the child gives permission for the images to be used and published by Photographer, including for the purposes of the reproductions as stated above. If the Photographer desires to make other commercial uses of the images to promote the commercial interests of any business other than the Photographer’s own business, the Photographer must not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
LIMIT OF LIABILITY In the unlikely event that the Photographer cannot perform this Agreement due to a medical or emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
SOCIAL MEDIA & PERSONAL USE LICENSE In consideration of the payment of monies due under this agreement, Photographer grants Client a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the Photographer as follows:
1. Client may share the web or high res photos delivered by the Photographer on Client’s personal and business social media accounts, provided that in each such post Client must credit/tag Photographer.
2. This license does not permit Client to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Photographer’s moral rights.
3. Client may print web or high res photos delivered by the Photographer or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
Pricing & Additional Products Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.
Travel Fee Photo Session Locations may be subject to additional Travel Fees.