Contract for Clients Booking without In-Person Consultation

Scarletfish Studios, LLC General Policies, Terms and Conditions

Please read these policies and conditions thoroughly, initial beside each item, and sign/date at the bottom of the form.

Electronic Signature is binding. Items are in alphabetical order. Thank you!

It is understood this Studio (Scarletfish Studios LLC)/Photographer (Christa Waller) is the exclusive official Photographer retained to perform the photographic services requested on this Contract.

__________NOTICE OF COPYRIGHT:

IT IS ILLEGAL TO COPY OR REPRODUCE IMAGES, DIGITAL OR PRINT, ELSEWHERE WITHOUT SCARLETFISH STUDIOS LLC/PHOTOGRAPHER PERMISSION, AND VIOLATORS OF THIS FEDERAL LAW WILL BE SUBJECT TO ITS CIVIL AND CRIMINAL PENALTIES.
DIGITAL MANIPULATION OF IMAGES IS PROHIBITED.
SCANNING AND DUPLICATION OF PRINTS IS PROHIBITED.
SCREENSHOTS OF DIGITAL GALLERIES ARE PROHIBITED.
DOWNLOADING IMAGES FROM FACEBOOK OR SOCIAL MEDIA IS A VIOLATION OF COPYRIGHT LAW

__________ADVERTISING USE

Scarletfish Studios LLC may use images created under this contract for advertising, display, social media, website, publication or other purpose with no compensation.
The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use.
Negatives, Digital files and Previews will remain the exclusive property of this Scarletfish Studios LLC.
If the Client wishes to prohibit Scarletfish Studios LLC from using images in advertising, this should be indicated prior to signing this contract.

__________ARCHIVING OF DIGITAL NEGATIVES

All purchased images are archived. Unwanted images will be held for a maximum of 90 days and then discarded at the Photographer’s discretion.
Any Session that does not result in a scheduled In-Person Viewing and Sales Session within 30 days, and has no communication returned within 90 days, will be considered abandoned and will be discarded at the Photographer’s discretion.
Scarletfish Studios LLC will not be held liable for catastrophic electronic failures, theft of electronic media or Acts of God. It is recommended that the Client purchase portraits within 30 days to ensure access to the Image Portfolio.

__________CANCELLATIONS

Retainers are non-refundable and will not be refunded due to Session cancellation.
If the Client cancels a portrait Session without notice then the Client will be charged the balance of the Session fee in full. (No Show)
If the Client cancels an In-Person Viewing and Sales Session without notice (No-Show) the Client will be charged $100 to reschedule it.

__________CELL PHONE IMAGES

Cell phone images are prohibited during Sessions of any kind.

__________CONSULTATIONS

Clients are welcome and encouraged to schedule an in-person consultation prior to the Portrait Session to visit the Studio, meet the Photographer, and discuss wardrobe and other options. This consultation is free of charge! Clients are asked to please respect and keep this appointment, or give polite notice to reschedule.

__________COMMUNICATION

Communication is important! The Photographer and Client need to work as a team in order to produce and deliver beautiful portraits and artwork! Scarletfish Studios is available by phone, email, or in person to discuss Session and order details.

Clients are asked to please respond to all communication attempts by Scarletfish Studios in a timely manner so there is no confusion or questions of intent. Lack of response to inquiries by Scarletfish Studios may result in orders being cancelled, or the Image Portfolio being discarded per policy. Any issues that arise will be handled in a professional and understanding manner so if something comes up, please communicate.

__________CREDITS

In the case of a Baby’s First Year Plan, Package credit must be used within 30 days of the last Session.
In the case of a Gift Certificate, credit should be used within the date of expiration listed on the card. For additional information on Gift Certificate credit expiration see below.

__________DELIVERY

All prints, products and digital items must be picked up at Scarletfish Studios LLC in person or by proxy, and signed for.
In the case of single digital portraits, email or Dropbox delivery may be requested or suggested.
Shipping is available at extra cost to the Client, and insurance is mandatory. Scarletfish Studios LLC is not responsible for damage to items by shipping carriers and in this case, the Client must file a full claim with the carrier. Scarletfish Studios LLC will provide the Client with any documentation needed. Replacement items may be purchased at full price.

__________DIGITAL PORTRAITS

Digital portraits may be purchased individually or as part of a Session Image Disc.
Digital Portraits are limited to an 8x10 print release, and are sized to prevent enlargements.
In order to preserve the artistic integrity and finished quality of the portrait, they should not be edited or altered.
The Client may use Digital Portraits in press products, albums, and share on Social Media.
The Client should back up their Digital Portraits as soon as possible to a second location to prevent loss.
Scarletfish Studios LLC is not liable for any issue or complaint by the Client for printed products ordered from anyone else besides Scarletfish Studios LLC. The Client is aware that Scarletfish Studios LLC uses high quality professional print labs and calibrates imagery for those specific labs. Using a consumer level print lab is done as the Client’s own risk.
RAW and unedited files are not available for purchase.

__________DISCOUNTS

There are no discounts offered on print volume and pricing is firm. Press products may allow discounts for high volume, so please discuss your needs with us.

__________GIFT CERTIFICATES

Gift Certificates may be purchased from Scarletfish Studios LLC and given as gifts!

Booking Clients are responsible for any charges above the dollar amount listed on the gift certificate.
Gift Certificates are considered a credit and must be used within one calendar year from the date of purchased (this date will be indicated on the card) for full credit. After the date of expiration, Gift Certificates will lose value at a rate of 30% of full purchased amount per 30 days. At 90 days after expiration the Gift Certificate will have a value of $0.

__________FACEBOOK AND SOCIAL MEDIA

Regarding portraits shared by Scarletfish Studios LLC to the Scarletfish Studios Photography Facebook page: Scarletfish Studios LLC may post watermarked portraits from your Session on Facebook after your In-Person Viewing and Sales Session is complete and order placed. To add these portraits to a personal Facebook page Clients may do the following:

Accept a friend request from Christa Waller, approve the tag request and allow portraits to post to the Client’s timeline.
Clients may use any of these single shared portraits as a profile image and cover image without cropping the watermark.
Also or alternatively, the Client may share the Scarletfish Studios Photography portraits directly from the Scarletfish Studios Photography Facebook page.
Downloading images from Scarletfish Studios Photography Facebook page or taking screenshots from Scarletfish Studios Photography Facebook page or www.scarletfishStudios.com is strictly prohibited and is a violation of Scarletfish Studios LLC protected copyright. Downloading images and/or screenshots are considered theft of intellectual property.
Cropping the watermark is prohibited. Editing, filtering, or adding text with apps is prohibited.

If portraits are shared from Scarletfish Studios Photography Facebook page to other Social Media sites, they MUST link back to Scarletfish Studios Facebook page and watermarks must NOT be cropped. Enhancements and filters are prohibited.

__________MINORS

Minor children should be accompanied by a parent or guardian to and from the Session.
Sometimes parents may leave the Studio room during the Session in order to get more relaxed and authentic energy from children, and this is encouraged if the children are comfortable. With older children in longer Sessions, parents may drop the child off and return at the Session end if desired.
Driving teenagers may drive themselves to a Portrait Session alone as long as they check in with a parent or guardian when they arrive and again when they leave.
No one under the age of 18 is permitted to book a Session with Scarletfish Studios on their own. Minors under 18, who wish to book a Session with Scarletfish Studios, must ask a parent or guardian to book the Session, attend all related appointments and pay the Retainer.

__________NO-SHOW POLICY

Please respect our time and dedication to serving you! If a Client cancels any Session without notice then the Client will be charged the full amount of your Session without refund or credit. This applies to Portrait Sessions, Events, and Sales Sessions.

__________ONLINE GALLERIES

If a Client lives out of state, or has family members who do, Scarletfish Studios may provide a password protected online gallery for Image Portfolios. Gallery policies are as follows:

Access the gallery by going to www.scarletfishStudios.com and entering the “Client Area” on the menu. A password will be provided. Clients may view images and also order using the link provided in the gallery.
Online galleries are provided for out-of-state Booking Clients within 14 days. Online galleries are provided for out-of-state extended family members only after the Booking Client has their In-Person Viewing and Sales Session and placed an order.
Online Galleries are provided for 14 days maximum and then removed
Full payment for online orders must be received within 5 business days or the order will be cancelled.
Screenshots of online images are strictly prohibited and are a violation of Scarletfish Studios LLC protected copyright. Screenshots are considered theft.
All images in the gallery will be watermarked. Watermarks will be removed on purchased portraits.

__________ORDERING

An In-Person Viewing and Sales Session will be scheduled approximately 14 days after the Portrait Session with a maximum of 30 days allowable. During this Session, Clients will view the Image Portfolio, discuss options to display their beautiful portraits in their home, and place their order. A decision 4making parties should be included in this Session and advised of pricing prior to the Session.

Orders must be paid in full at the time of the In-Person Viewing and Sales Session. If the Client wishes to set up a Payment Plan, discuss this option at the time of the In-Person Viewing and Sales Session.

Orders should be placed at the time of the In-Person Viewing and Sales Session in order to take advantage of current product pricing. If the Client elects not place an order at the time of this Session, a second Sales Session for a fee of $100 may be scheduled.

If the Client does not pay for the order (or set up a payment plan) at the time of the In-Person Viewing and Sales Session, payment must be rendered within 5 days or the order will be cancelled. The Client must then schedule another In-Person Sales Session at a fee of $100 to place a second order.

__________PAYMENT

Session Retainers and deposits must be paid at the time of booking.
All Session and Package fees must be paid in full at the time of the initial Session.
Orders must be paid in full at the time of your In-Person Viewing and Sales Session.
Payment Plan option is available if needed.
Scarletfish Studios LLC accepts cash, money order, checks, Visa, MasterCard, and Discover as valid forms of payment.
7% MS Sales Tax will be added to any order delivered within or service performed in the State of Mississippi.

__________PRICING

The charges in the Contract are based on the Studio’s/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 when the order is placed.
Prices are subject to change without notice. Pricing is guaranteed for up to 30 days after the Portrait Session for that specific Portrait Session.
All print or product orders placed after the In-Person Viewing and Sales Session are subject to current pricing at the time of the order.

__________PRODUCTS

Scarletfish Studios LLC uses the highest quality print media labs with archival quality inks carrying standard guarantees by the Lab.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Client is advised to avoid displaying photographs or artwork in areas of direct sun or moisture to avoid damage to these products. Scarletfish Studios LLC is not liable for damage to products after they leave the Studio premises.
Prints and Products are representative of the image chosen by the Client for ordering. Cropping ratios for standard photo sizes may cut off portions of the image and the Client is advised to ask for a preview prior to ordering if there are any concerns.
Canvas and Press products may have a slight color and sharpness difference than Photographic products due to the printing process.
Samples of finishes and products are available at Scarletfish Studios and the Client is advised to view them prior to ordering. Client is advised to view images at Scarletfish Studios prior to ordering due to the differences in home monitors and smart devices viewing screens, sharpness, brightness, and color.
Clients are advised to display portraits and artwork in lighting with coloration that mimics natural sunlight in order to see the most natural skin tones in the portrait.
After an order is placed, please allow 2-8 weeks to receive prints or products.

__________PROPS

All Session-appropriate Scarletfish Studios LLC props are available for use in the Portrait Session. The Client may bring props to the Session if they have been discussed at the Consultation. The Photographer has final discretion on which props will be used in the Session.

__________REFERRALS

Scarletfish Studios LLC loves referrals! Any Client who completes a Portrait Session, who refers another person who books and completes a Portrait Session, will receive a $50 print credit for your next Session, and the referred Client will receive a $25 print credit on their Session.

__________REFUNDS

If the Studio/Photographer cannot perform the Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photography materials are damaged in processing, lost through camera or media malfunction, lost in the mail (insurance is a required purchase if you are having us ship your items to you), or otherwise lost or damaged without fault on the part of Scarletfish Studios LLC. In the event the Studio/Photographer fails to perform for any other reason, the Studio /Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

There are no refunds on prints, products or Session fees. Customer satisfaction is very important! Scarletfish Studios LLC maintains a high quality of customer service and in the unlikely event a Client is unsatisfied with their experience, all reasonable attempts will be made to rectify the situation in a positive and professional manner.

__________REFUSAL

Scarletfish Studios LLC reserves the right to refuse any portrait request by the Client that the Photographer deems hateful, inappropriate, dangerous, illegal, offensive, or pornographic.

__________RESCHEDULING

Scarletfish Studios LLC is excited and honored that you chose us to be your Photographer! We will be ready for your Session when you arrive. Please plan ahead and respectfully attend your scheduled Session at the date and time you initially booked. However, if emergencies or conflicts arise, rescheduling is available within the following policy.

A Client may reschedule a Session with proper and respectful notice without penalty.

If the Photographer experiences an accident, illness, or emergency – every attempt will be made to contact the Client as soon as possible to reschedule or refer the Session without penalty to the Client.

If a Client reschedules with less than 24 hours notice the Client may be subject to a $50 rescheduling fee. If a true un-seen emergency arises, please call to let us know as soon as possible.

Sickness is an understandable issue! Sick kiddos do not make happy subjects! Please DO NOT attend a Portrait Session if you are contagious, or bring a child who is ill for a Session. Attending a Session with a contagious illness not only endangers the health of the Photographer, but also the other Clients who may be scheduled afterwards. Call to reschedule your Session as soon as you determine illness so we may reschedule your Session for another date.

Weather: Sessions may be rescheduled due to inclement weather without penalty. See weather clauses below.
Sessions that have to be rescheduled due to Client tardiness may be subject to a $50 rescheduling fee.

__________RETAINERS

A 50% non-refundable Retainer is required to book a Portrait Session. This Retainer will credit towards the Session fee.
A $500 non-refundable Retainer is required to book a Wedding. This Retainer will credit towards the Wedding Package.
Retainers are non-refundable and will not be refunded due to Session cancellation by the Client, but may apply towards a rescheduled Session (with any applicable fees) for a period of 30 days.

__________RETOUCHING

Basic retouching is included in the price of each product. Basic retouching includes skin blemishes and smoothing, stray hairs and backdrop issues. Some basic retouching may be applied to the Image Portfolio prior to viewing. Any additional specific retouching requested may be subject to a $25 per image charge.
Specialty composites are priced individually.

__________RETURNS

There are no refunds or returns on prints, canvases, cards, gift items, or digital products as they are Custom Products. Any issues that should arise with product quality will be examined and handled in a positive and professional manner, and all artwork and products must be inspected and signed for by the Client prior to leaving Scarletfish Studios LLC premises.
Scarletfish Studios LLC is not responsible for damage to items after they leave the Studio premises. Scarletfish Studios LLC is not responsible for sun damage, water damage, humidity, or wear and tear caused by improper storage or display by the Client. Scarletfish Studios LLC is not responsible for damage caused by third-party shipping, and Clients must purchase insurance on any item that is shipped by Scarletfish Studios LLC. The Client must file claims with the shipping company to recoup costs if damage occurs. Scarletfish Studios LLC will provide any documentation requested for such claims. All replacement products will be provided at regular price.
"Buyers Remorse” laws do not apply for purchases made in person or online to Scarletfish Studios LLC.
In the case of charge backs and disputes, all signed paperwork, policies, invoices, contracts, and receipts will be forwarded to the appropriate authority.

__________SESSION AND PACKAGE FEES

Session and Package Fee balance must be paid in full at the time of the initial Session.

__________SESSION SPECTATORS AND VISITORS

Due to limited Studio space and the possibility of too much distraction for both the Subject and the Photographer, Session spectators and visitors are respectfully asked to relax in the lobby and use Scarletfish Studios Guest Wi-Fi until the Session is complete.

__________SHIPPING

Clients are responsible for shipping and insurance charges if products will be shipped to their home. Scarletfish Studios LLC is not responsible for damage caused by third-party shipping, and Clients must purchase insurance on any item that is shipped by Scarletfish Studios LLC. The Client must file claims with the shipping company to recoup costs if damage occurs. Scarletfish Studios LLC will provide any documentation requested for such claims. All replacement products will be provided at regular price

__________SESSION CONDUCT

Scarletfish Studios LLC is a fully equipped Professional Photography Studio with a large array of props, backdrops and electronic equipment that must be treated with care and respect. All that enter are expected to behave with this in mind. Clients will be held responsible for damage or breakage. Please monitor young children.

The Photographer reserves the right to end a Session due to the dangerous, unruly, aggressive, offensive or rude behavior of the participants (Client or Visitor) with no refund of the Session Fee.
The Client agrees that the Photographer is not responsible for the negative facial expressions or general mood expressed by adult or child participants who are not happy to be having their portrait made.
Parents agree that they will NOT berate, threaten, or punish their child for not smiling properly, but will instead let the Photographer try to create an environment in which the child feels comfortable. Parents agree that if they exhibit this type of negative behavior during a session, they may be asked to leave the immediate area in order to alleviate stress for the child subject.
Alcoholic Beverages are not allowed on the premises, and any Client exhibiting intoxicated behavior will not be photographed.
No Food and Drink are allowed in the Studio or Lobby, with the exception of water or milk for babies/toddlers and small contained snacks for toddlers only. Candy is not allowed. One Year Milestone Sessions may include cake.

__________TARDINESS

Clients are expected to arrive at or prior to the scheduled time and the Session will begin immediately. Please call to let us know if this is not possible, however, please be aware of the following tardiness policy:

The Session may be shortened in order to end at the scheduled time.
The Client may be charged a $25 late fee if the Session time has to be shifted. If the Client is over 30 minutes late the Session may have to be rescheduled for a $50 fee.
The Client may be responsible for paying another Retainer if the Session is rescheduled at the last minute.
Outdoor Sessions are time-specific with regards to daylight levels. Tardiness may cause the Outdoor Session to be rescheduled to a different day with an additional Retainer fee.

__________WEATHER CONDITIONS CLAUSES

Extreme Heat or Cold, Fog, Humidity, Wind, Rain, Snow, Sleet, Ice. When your Photographer has recommended that the shoot be rescheduled due to adverse weather conditions

If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Studio/Photographer, the Photographer may elect to use and alternate location or to reschedule the portrait at no additional charge.
If the Client elects to keep a Session appointment during inclement, adverse, or ill-advised weather conditions, the Client agrees that the Session fee will be paid in full, with no refunds.
If the Client elects to keep a Session appointment during hot, cold, humid, foggy, windy or wet conditions, the Client agrees that the Photographer is not responsible for using any equipment that may be damaged or destroyed by these weather conditions, and any Session fee will be paid in full, with no refunds.
If the Client elects to stop a Session during foreseen and prior discussed weather conditions, the Client agrees that the Session fee will be paid in full, with no refunds.
ANY RESCHEDULING OF THE SESSION AFTER IT COMMENCES, DUE TO WEATHER CONDITIONS, WHEN THE PHOTOGRAPHER HAS PREVIOUSLY RECOMMENDED TO THE CLIENT THAT THE SESSION SHOULD BE RESCHEDULED DUE TO WEATHER CONDITIONS – WILL RESULT IN BOTH SESSION FEES PAID IN FULL – NO DISCOUNTS OR REFUNDS.
The Client agrees that, cold or windy conditions may result in a less than desirable “look or personality” to their photos, and that being uncomfortable does show on a person’s face. The Client agrees that there will be NO REFUNDS on the Session fee if this is the case, and even though the Photographer has recommended rescheduling the Session, the Client has decided to go ahead at their own risk.
THE PHOTOGRAPHER IS NOT HELD LIABLE FOR ANY PROPERTY DAMAGE, INJURY OR ILLNESS SUSTAINED AS A RESULT OF INCLEMENT, ADVERSE, OR ILL-ADVISED WEATHER CONDITIONS ENCOUNTERED BEFORE, DURING, OR AFTER A PHOTOGRAPHY SESSION.

This Contract incorporates the entire understanding of all parties. Any modifications of this Contract must be in writing and signed by both parties.

I am of the age 18 or older, have read and understand this agreement, including the terms and conditions, and agree to be bound by them:

Client Signature: ____________________________________________________________________________________ Date: _____________________________________

Contract for Clients Booking without In-Person Consultation

Thank you for contacting us!