Guarantee Wording (From Our Contract)

PART 5: REFUND POLICY/GUARANTEE

1. The Creation Fee - Contract cancellations by you. Contract cancellations received from you MORE THAN 60 DAYS from the scheduled headshot or portrait session will result in 100% of the Creation Fee being refunded to you. Contract cancellations received from you BETWEEN 30 and 59 DAYS from the scheduled headshot or portrait session will result in 50% the Creation Fee being refunded to you. Contract cancellations received from you LESS THAN 30 DAYS from the scheduled headshot or portrait session will result in the Creation Fee to be non-refundable. Any non-refundable portion of the Creation Fee will be applied to the actual time cost of any preparation already done by the photographer in preparation for your photography session as well as any time reserved for you for your session that could not be reassigned to another client. This item refers to Cancellations. See below Paragraph 3 for Rescheduled Portrait or Headshot Sessions.

2. The Creation Fee - Photographer Cancellation. The photographer may cancel this contract at any time with written notice to you and full refund of the Creation Fee will be made to you within 10 days of cancellation. The photographer will assume no liability whatsoever in the event of such cancellation provided that the Creation Fee is refunded.

3. The Creation Fee - Rescheduled Portrait or Headshot Session. If a situation arises where either the photographer or you cannot be present at the portrait or headshot session as scheduled in this contract, due to circumstances beyond either party’s control (such as sickness or other reason), AND the portrait or headshot session can be rescheduled for a later mutually agreeable date and time between you and the photographer, then no refund of the Creation Fee will be made and an amended contract with the new Portrait or Headshot Session date and time will be made and delivered to you. The amended contract may be made through a signed addendum to the original signed contract rather than through a complete revised contract. The original Creation Fee will carry forward and fully apply to the amended contract.

4. Charges Already Paid – Physical Products. All Physical Products (wall art, gift prints, heirloom albums, etc.) ordered and paid through the A la Carte Price List or from a Package are subject to our Guarantee, below. All Digital Files, once ordered and paid, are not considered physical products and therefore are not subject to our Guarantee and are non-refundable. However, all Cancellations of orders for Physical Products, made and paid in full, but cancelled PRIOR to the final Release and Approval, are fully refundable.

5. Charges Already Paid – The Creation Fee. All photography services contemplated by the Creation Fee are subject to our Guarantee, below.

6. Guarantee: We guarantee all of our services. If you are dissatisfied, for any reason, with any service that you receive from us, then we will photograph you again at no additional charge, or fix any discrepancy that you find with our service or work at no additional charge. If, after photographing you again or fixing any discrepancy that you find, you are still dissatisfied with our service, we will refund you 100% of the Fees or any Charges for Finished Products that you paid to us, provided that you did not sign a Release and Approval on those Finished Products before they were outsourced to our Professional Photography Laboratory. Any work that had been previously signed off as accepted by you (through a Release and Approval) is not subject to refund.

7. All of the preceding provisions, numbered 1 through 6, in combination, are subject to the provisions of Part 16, “Unacceptable Quality,” which is made a part of this Contract.

Part 16: UNACCEPTABLE QUALITY

Where services provided are not of an acceptable technical quality, making it unfit for the purpose of its specified use, then no fee or job related costs are due to the Photographer. The Photographer has the right to rectify the defect causing the rejection within a reasonable time, having regard to the urgency of the work. If rectified, the Photographer is entitled to their fee and service related expenses but may not charge the Client an extra fee or cost for rectifying the defect. Further, if the Photographer produces services that are in the same style and structure as the Photographer’s past work, by reference of the Photographer’s portfolio and/or samples of work made available to the Client, the Client is deemed to have accepted the Photographer’s artistic interpretation and therefore agrees that the produced services are acceptable.

For purposes of this part, the term “Services” refers to intangible services (such as the photo session itself) and any enhancing, retouching, editing, or other post production processes applied to the raw digital images captured at the actual photography session, and shown to the Client for final Release and Approval and sign-off before being outsourced to the Photographer’s choice of Professional Photography Laboratory for production of final ordered tangible products (such as wall art, gift prints, heirloom albums, and any other products offered by the Photographer).

Also for purposes of this part, as well as Part 5, the term “Release and Approval” refers to a document, duly signed by the client prior to the Photographer outsourcing final edited and Signature Retouched digital files to the Professional Photography Laboratory of the Photographer’s choice for purposes of producing final tangible products (such as wall art, gift prints, heirloom albums, or other products offered by the Photographer).

Let’s Preserve Those Moments in Time!