Terms and Conditions
Last updated: April 1, 2025
These Terms and Conditions are subject to change. Please review before each booking.
1. Photography Services
Eastside Family Photography (the "Photographer") shall provide photography and related services at Client’s session as specified in the Photography Package described at the time of booking.
2. Payments
All payments required under this Contract ("Payments") shall be made in full at the time of booking and are nonrefundable, unless the Contract is canceled as provided below.
3. Rescheduling; Cancellation; Refund
The Client may reschedule the session up to two (2) times at no additional fee, subject to the Photographer's availability. After the third (3rd) reschedule request, the session will be considered canceled, and all Payments to date will be nonrefundable. No further rescheduling will be allowed.
Should the Client choose to cancel this agreement at any time, Payments to date are nonrefundable. If the Photographer cancels this Contract prior to the session for any reason, all Payments received will be refunded in full to the Client.
4. Cooperation
The Client and the Photographer agree to cooperate in good faith with all schedules and arrangements related to the session. The Photographer shall not be held liable for missed images due to lateness, non-cooperation, or external factors beyond their control. Arriving more than ten (10) minutes late may result in reduced shooting time and possible omission of requested shots.
5. Retouching and Retention of Digital Files
Client agrees to place any additional retouching orders within thirty (30) days of the session. After thirty (30) days, the project will be considered complete, and the Photographer reserves the right to dispose of unpurchased images. Retouching services are charged per image based on the Client's specific requests.
6. Assigned Photographer
The Photographer reserves the right to replace the assigned photographer in the event of unforeseen circumstances. If the Client disapproves of the replacement, the contract will be canceled, and Payments to date will be refunded in full.
7. Copyright and Usage License
All images created by the Photographer are protected by U.S. Copyright Law (Title 17) and remain the exclusive intellectual property of the Photographer. The Client is granted a non-exclusive, personal-use license to print and share digital images on personal social media accounts with proper credit to the Photographer.
License to Market (Privacy Add-On)
If the Client wishes to restrict the Photographer’s use of images for marketing, advertising, or portfolio purposes, they may purchase a Limited Usage License ("Privacy Add-On") for a flat fee of $100 plus tax at the time of booking or prior to final image delivery.
Important Notes:
Copyright Ownership: Purchasing this license does not transfer copyright ownership. The Photographer retains full copyright.
Exclusions: The restriction only applies to public-facing marketing. The Photographer may still use the images for internal business purposes, such as record-keeping, evidence of work quality, or legal compliance.
8. Use of Images (If No Privacy Add-On Purchased)
Unless the Client has purchased the Privacy Add-On, the Client grants permission to the Photographer to use reproductions of session images for:
- Website and portfolio
- Social media
- Marketing and promotional materials
- Educational or editorial purposes
The Client waives any rights to compensation, claims, or control over the use of the images.
9. Capture and Delivery
The Photographer is not liable to deliver every image taken during the session. The selection of final images is at the sole discretion of the Photographer. RAW or unedited files will not be provided under any circumstances.
10. Post-Production and Editing
The Photographer retains full creative control over the final look, editing, and style of all delivered images. Additional edits beyond the agreed services are available at the Photographer’s current rate.
11. Interest Charges
Balances unpaid after thirty (30) days will incur a monthly interest charge of fifteen percent (15%) or the maximum rate allowed by law, whichever is lower.
12. Additional Services
Charges for additional services not specified in this contract are subject to current rates at the time of the request.
13. No Waiver
Failure by the Photographer to enforce any part of this Contract shall not waive its right to enforce those provisions in the future.
14. Governing Law and Dispute Resolution
This Contract shall be governed by the laws of the State of Washington. In the event of a legal dispute, both parties agree to pursue mediation before filing any lawsuit. The prevailing party in legal proceedings shall be entitled to reasonable attorney fees and costs.
15. Location Fees
The Client agrees to pay all location fees associated with any venue requiring a permit or usage fee for photography.
16. Liability and Limitation of Damages
The Photographer shall not be liable for:
- Omissions or missed images caused by delays, lateness, or non-cooperation
- Equipment failure or data corruption beyond the Photographer’s control
- Acts of God or force majeure events (natural disasters, pandemics)
The Client agrees that the Photographer's maximum liability shall be limited to the amount paid under this Contract.
The Client further agrees to hold the Photographer harmless from any claims related to personal injury or property damage incurred during the photography session or related events.
17. Agreement Acknowledgment
By completing the booking process, the Client acknowledges they have read, understood, and agreed to the terms and conditions outlined in this agreement.