Terms & Conditions

Contract

This agreement is made between BOARHONEY, hereinafter referred to as the "Photographer," operating in the state of Maryland, and the signatories of this photography agreement, hereinafter referred to as the "Clients," collectively referred to as the "Parties." The package list, price list, and any attached documents are integral parts of this contract. The contract terms, agreement, and price list constitute the only legally binding documents between the Parties.

Overview

This agreement embodies the complete understanding between the Photographer and the Client, superseding all prior and concurrent agreements between the Parties. Any amendments or modifications to this agreement must be made in writing and signed by all Parties. A waiver of any provision of this agreement by any Party does not imply a waiver of any other provision. For a waiver to be effective, the Party against whom the waiver is sought must have provided a written and signed waiver.

Scope of Work

This contract pertains to services and products associated with a photography session scheduled to occur at the mutually agreed-upon time and location. Both the Photographer and the Client are to arrive at the specified time and place, which will be confirmed via email or text message. The Photographer agrees to deliver no fewer than 7 digital images for the Client's review after the session and is not obligated to provide more than this number of images. The Photographer will perform basic post-processing and digital image editing services on these photos.

Session Fee & Payment

The Photographer must receive a signed contract along with the full session fee. Only upon receipt of the signed contract and session fee will the Photographer reserve the time and date agreed upon by both Parties. The Client understands that the Photographer cannot hold a date or time without the signed contract and session fee.

Late Arrivals / Tardiness

Any Client arriving late to the session will have the duration of their tardiness deducted from the total time allotted for the session. In the event of a late arrival, the session will still conclude at the originally scheduled end time.

Rescheduling

If the Client requests to reschedule the photo session, the session fee shall be applied to a rescheduled session provided that notice is given at least 72 hours prior to the originally scheduled session start time. The rescheduled session must occur within six months from the original session date.

Rescheduling between 24-72 hours before the session start time will incur a penalty of 25% of the session fee, while rescheduling within 24 hours of the session start time will incur a penalty of 50% of the session fee. Vouchers will be provided based on the penalty incurred: for rescheduling between 24-72 hours, the Client will receive a one-time voucher valued at 75% of the original session fee, and for rescheduling within 24 hours, the Client will receive a one-time voucher valued at 50% of the original session fee. 

The voucher must be used within six months from the original session booking date. Rescheduling after the 72-hour mark can only be done by contacting the Photographer via email.

Cancellations

In the event of cancellation, clients will be issued a full refund if they make the request at least 72 hours before the session start time. If the Client cancels this agreement or fails to show within 72 hours before the session start time, the session fee shall be forfeited. No refunds will be issued for cancellations made within 72 hours of the session start time.

Overage Expenses

Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits. All sessions over 25 miles from Silver Spring (zip 20903) will accrue a charge of $0.66 per mile.

Duty of Client

The Client will obtain all permissions necessary for the Photographer to photograph at the shoot. The Photographer has no duty to obtain permission from reception centers, churches, buildings, properties, or other locations to operate thereon. The Client understands and agrees that any failure to obtain these permissions resulting in fines to the Photographer or preventing the Photographer from photographing the event(s) is not the fault, liability, or responsibility of the Photographer.

Location

If the session includes more than one location, the travel time from one destination to another will count towards the total session time.

Appearance

In the event that the Client would like additional photos due to appearance issues (e.g., hair/makeup) outside the Photographer’s control from the previous session, the Client will be charged for an additional session at the Photographer’s session rate to reschedule or shoot additional photos.

Outfits

There are no additional fees for outfit changes; however, the time taken to change outfits will count towards the total session time.

Weather Policy

In the event of weather conditions out of our control, if the Client has been advised to reschedule due to the Photographer’s concerns about weather and the Client still proceeds with the session, resulting in limited time or photos, the Client will be charged for an additional session at the Photographer’s session rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the Photographer’s discretion to cancel the session during adverse weather conditions. If the Client agrees to reschedule due to weather concerns, there will be no charge, and the Client will be prioritized for their session.

Force Majeure

If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, then the Photographer shall return all monies paid by the Client, including the session fee and any expenses, but shall have no further liability with respect to the Agreement. This limitation of liability also applies in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.

Failure to Perform

The Parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by anyone at the event or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, lateness of the clients, or other principals. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules, and restrictions of the venue, or the rendering of decorations at the location. Any lists submitted to the Photographer will be used for organizational purposes only and do not guarantee that all images will be produced. The Photographer will do its best to fulfill all requests but makes no guarantees that all images will be delivered.

Cooperation

The Client will assist and cooperate with the Photographer in obtaining the desired images, including but not limited to specifying persons and/or scenes to be photographed and following the Photographer’s direction. The Photographer is not responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

Garments

The Photographer is not responsible for damage to garments due to environmental events. The Client is responsible for arranging personal assistance for garments.

Artistic Rights

The Photographer retains discretion in selecting the photographic materials released to the Client. Images are edited at the Photographer's discretion, and delivered photos may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed professional in quality and within the Photographer's artistic standards.

Photographic Materials

The Photographer will make digital images available through an online gallery within 10 days of the photographic event. The gallery will be available for viewing for 30 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee will apply.

Copyright and Reproductions

The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for marketing materials, portfolio entries, sample products, editorial submissions, or display on the Photographer’s website, social media, online channels, and/or studio. If the Photographer desires to make other uses, the Photographer shall first obtain the written permission of the Client. Duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does not grant the Client permission to resize photographs for Internet-based usage. The Client is permitted to reproduce the images, whether in print or digital form, for personal use, including sharing on social media. However, commercial uses are not allowed without written permission from the Photographer. If the Client wishes to submit photos to publications permission must be granted first by the Photographer. Duplication or alteration of original images for commercial use is strictly prohibited without written permission from the Photographer.{Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102}

Model Release

The Client hereby grants BOARHONEY and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client releases the Photographer and its legal representatives and assigns from all claims and liability relating to said photographs.

Conditions for Minors

If the Client is under the age of 18, the parent or legal guardian must provide written consent by signing this agreement on behalf of the minor. A parent or legal guardian is required to be present during the entire photoshoot to ensure the minor’s safety and comfort. The Photographer agrees to create age-appropriate content and comply with all applicable child labor laws, including any necessary work permits or location restrictions in the state of Maryland. The parent or legal guardian signing this agreement assumes responsibility for ensuring the minor adheres to the contract terms and grants the same rights as outlined in the "Model Release" section on behalf of the minor.

Client's Usage

The Client shall only use the digital files in accordance with the permissions set forth in this agreement. All digital files are for personal use only and shall not be submitted to contests or reproduced for commercial use. If the Client wishes to submit photos to a publication, permission must be granted first by the Photographer. The Client shall not authorize reproductions by non-purchasers covered within this agreement.

Photographer's Standard Price List

The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time the order is placed.

Arbitration

Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's office, and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event, shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Indemnification

The Client understands and agrees that the Photographer may have cords, light stands, and other gear at the location. The Client will hold the Photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. The Client further agrees to hold the Photographer harmless for any personal injury which may occur as the Client poses or works with the Photographer during the photography session and the immediate surrounding events.

Miscellany

This agreement incorporates the entire understanding of both Parties. Any modifications of this agreement must be in writing and signed by both Parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. The laws of the State of Maryland shall exclusively govern this agreement, and any disputes or conflicts arising from this agreement shall be resolved in accordance with Maryland law, without regard to its conflict of law principles.

Attorney’s Fees

If either Party to this agreement brings a legal action against the other Party to this agreement to secure the specific performance of this agreement, the prevailing Party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

Construction

Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any Party.

NOTE

For legal purposes, a digital copy of this contract will be sent to the Client immediately after booking. The booked date for the photoshoot will not be confirmed until the Client has signed and returned the digital copy of the contract, along with a copy of an unexpired government-issued ID for information and age verification. If the Client is a minor, a parent or legal guardian must complete this process on behalf of the minor. By signing, the Client (or their parent/legal guardian) acknowledges that they have read, understood, and agreed to all the terms and conditions outlined in this agreement.