POLICY

This is where things get all detailed and legal jargony to cover all the bases that say ‘I’ve got your back and you’ve got mine.’

Package covers the session and images, edited and delivered on via flash drive or DropBox digital download in both color and black & white and in both print and web formats, with print and online sharing usage rights.

Packages must be prepaid and are non-refundable to protect against loss of income from no shows, cancellations, and order defaults.

Rachel has complete creative control over all aspects of the art she creates from session to final product. She works hard to present clients with an empowering body positive experience and beautiful emotive imagery.

Session day and times are given to clients in the order in which Contracts are received. No refunds because a Client cannot have a specific day and time she wants. Scheduling is based on what is available at the time Client books.

Given that these sessions are travel events and funds are invested several months in advance, all sales are final and non-refundable. In the event of an emergency, if proper documentation can be provided, a refund will be considered.

There are no chaperones of any kind allowed at any sessions. No exceptions.

If Rachel feels unsafe or mistreated at any time, she reserves the right to refuse service to anyone. RS reserves the absolute irrevocable right at any time to refuse service to anyone who has abused the client photographer contract.

Proof of payment legally binds Client to contract.

Clients must digitally sign Contract. Once payment is made, Rachel will email an electronic contract to be completed and signed online.

Please read before you pay: Contract

Product:

Rachel only offers digital files and includes license of use as well as third party editing and printing rights.
Package One ships three weeks after date of session. Double sessions are delivered four weeks after date of session.

Retouching:

Rachel will clean skin and master the overall image to her artistic style as per the images showcased on her website. Rachel celebrates body positivity therefore she does not do any body reshaping in Photoshop. Rachel maintains all creative control and does not take retouching requests.

Rachel does release third party editing rights if clients wish to have more retouching done to their photos. She will include her recommendation of a company she knows and trusts for excellent editing, unlimited revisions for as low as $8 per image. She does not receive any kick backs for referrals. Rachel just asks that if you do have her work edited by a third party that you do not credit her if you share them online.

Usage Rights:

Rachel welcomes clients to use their images for personal and professional use. The only thing she prohibits is the resale of her images.

Expectations:

Art is subjective. Clients are to expect work in line with the images showcased on Rachel’s website and her new fan page. She will not replicate any other photographer’s work so please do not bring in photos and ask her to copy them. Her work is about connection and bringing out your true personality. It is not about what you are wearing or trying to imitate a picture you saw in a magazine. Clients must come in without expectations to fully open themselves up to the experience.

Venue:

Venues may be located up to 30 minutes outside of the city marketed. We have a high repeat rate and are always trying to secure locations that are new for every client. This sometimes requires moving outwards from downtown.

Client Intake Forms:

Clients may request their preferred time slot however slots are assigned in the order in which contracts come in. RS will assign slots as close as possible to the desired time selected. Clients who do not submit their intake form by default agree that RS may use their images in the showcasing of their work.

Makeup and Hair Artist: 

Packages do not include hair and makeup. Clients must arrive to their session on time with their hair and makeup done. Touch up is included and takes about 15 minutes.
Full service hair and makeup is available for $100 payable directly to makeup artist in cash only.
Whether or not clients have full service makeup does affect session time.

With full service, sessions are two hours.

Without full service, sessions are an hour and a half.

Since these options affect session times, clients must commit in advance. Clients may not decide last minute at their session that they want full service as they will not have been allotted the necessary time for the makeup artist to do so.

Makeup and Hair Satisfaction:

It is the Client’s responsibility to make sure she is happy with hair and makeup before shooting. It is imperative that Clients take a look in the mirror to make sure they are happy with the hair and makeup. If there are any revisions Client wants made, Client must have our makeup artist perform them before we begin shooting. We all want you to love the way you look! Since Clients have every opportunity to address any issues with hair and makeup prior to shooting, issues brought up after the fact are not grounds for dispute.

Session Client Etiquette:

Clients receive a confirmation email and then will receive another email outlining what to expect and how best to prepare. This email ensures that events run smoothly. It takes just one client to severely throw off the schedule for an entire day so to protect everyone involved we do provide guidelines for every client follow so that the only thing Rachel has to focus on is taking great images of her clients.

Payment, Deposit, Cancellation, Rescheduling and Liquidated Damages

All payments made to Rachel Stephens for session fees, services and product are non-refundable.

Clients  may book double packages.

Clients may purchase additional images above the 50 included in at $600 for 25.

RS will accept cashier checks but we do not accept personal checks.

No cancellations.

If the Client fails to show for a scheduled session or tries to cancel the session, the funds paid shall be forfeited. If you try to cancel your session or do not pay the balance due on your package thirty days before the event, invested funds will become liquidated damages. Due to the unique circumstance of travel events and the custom nature of portrait photography, this protects Rachel from losing income on the session as she is not local and cannot just reschedule clients.

If you are traveling for your session, Rachel recommends booking your session and securing it with payment before booking your airfare and hotel. Sessions cannot be held and are only secured on her calendar with payment and a contract. Rachel is not responsible for any Client fees associated with airline or hotel schedule changes. Please fly in the day before your session, refunds/reschedules will not be given due to same day flight cancellations/delays.

Late Arrivals:

Any Client that is late arriving to a session will have the amount of time late deducted from the time allotted for the session. This may result in less time with hair and makeup and also result in a reduction of the number of edited images. It is Client’s responsibility to check for local events that may effect traffic and plan accordingly.

Copyright and Reproductions:

All photographic materials, including but not limited to unedited RAW files and edited JPGs, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographers website, Facebook, etc unless Client opts out in Client Intake Form. If the Photographer desires to make other uses, the Photographer shall 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 {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer

Delivery Shortages, Loss, and Damage in Transit:

RS only ships via USPS Priority Mail with online tracking and email notification. RS only ships to street addresses. USPS will not ship Priority Packages to PO Boxes.

Claims for damage, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery. We are not liable for incorrect addresses given by clients on their contracts nor are we liable for loss of product left at given address. We do not ship signature required so clients must be responsible and follow the tracking online and pick up their package promptly.

Confidentiality:

The Photographer acknowledges that in the performance of the photographic services, she may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to make best efforts to keep this information confidential except as required by law.

Venue:

This contract shall be interpreted in accordance with the laws of the State of Oregon without regard to any conflicts. All claims, disputes, and lawsuits arising out of or in connection with this Contract shall be resolved or adjudicated in the city of Portland in the State of Oregon.

Conduct: 

The Client shall be responsible for the behavior of Client during session. The Photographer reserves the right to terminate the session without notice if she deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to retain the full session fee and payments made will be liquidated damages. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment.

Waiver of Liability, Assumption of Risk, and Indemnity Agreement:

Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Rachel Stephens, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Rachel Stephens, her directors, officers, employees, and agents from liability from any and all claims including the negligence of Rachel Stephens resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

Assumption of Risks:

This use of Rachel Stephens rented property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Rachel Stephens purchases space in private vacation rental homes for location sets and is not associated with these locations in any way. I have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by

Rachel Stephens. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless:

I also agree to INDEMNIFY AND HOLD Rachel Stephens, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including demands for refund, credit card charge backs, damages, legal fees brought as a result of my involvement in a portrait session with Rachel Stephens, and to reimburse them for any such expenses incurred.

Severability:

The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding:

I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue or seek refunds, credit card charge backs or damages from Rachel Stephens. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my digital signature of Contract to be a complete and unconditional release of all liability to the greatest extent allowed by law.

034-2

033-2

248

075

067-2

128

067-4

035-2