Terms and Conditions – Booking Photography Services
Terms and Conditions for Booking Photography Services – Will Take Photo
Effective Date: March 31, 2025
1. Introduction
These Terms and Conditions ("Terms") govern the booking of photography services with Will Take Photo ("we," "us," or "Photographer"), a photography service based in the Bay Area, CA, operating under the website willtakephoto.com, with contact email will@willtakephoto.com. By booking a photoshoot with us through our website, Instagram (@willtakephotographs), Facebook page (Will Take Photo), or other direct communication channels, you ("Client") agree to be bound by these Terms. Please read them carefully before booking.
2. Booking Process
To book a photoshoot, the Client must complete the booking form on our website (willtakephoto.com/book) or contact us directly via email (will@willtakephoto.com) or phone.
The booking form requires the Client to provide their full name, email address, phone number, preferred date, time, location, type of session (e.g., engagement, event, travel, food), and any special requests.
A booking is confirmed only upon receipt of a non-refundable deposit (as outlined in Section 4) and written confirmation from the Photographer.
The Photographer reserves the right to decline a booking request at their discretion, in which case any payments made will be refunded in full.
3. Services
The Photographer agrees to provide photography services for the Client on the agreed-upon date, time, and location (the "Session").
The Session duration will be specified at the time of booking, with a minimum of 1 hour. Additional hours can be requested at a rate of $[Insert Hourly Rate] per hour, subject to the Photographer’s availability.
The Photographer will make reasonable efforts to accommodate the Client’s preferences (e.g., shot list, style), but retains full creative control over the Session, including shooting style, composition, and editing.
4. Payment
The total fee for the Session will be provided at the time of booking, based on the duration and type of photoshoot.
A non-refundable deposit of 50% of the total fee is required to secure the booking, due at the time of confirmation.
The remaining balance is due seven (7) days before the Session date.
Payment can be made via ank transfer, PayPal, credit card.
Late payments will incur a fee of $50 per week until paid in full.
Additional hours or services (e.g., extra revisions, as outlined in Section 5) will be invoiced separately and are due within seven (7) days of invoicing.
5. Deliverables
The Photographer will deliver 30 professionally edited and touched-up digital images per hour of shooting, unless otherwise stated in a giveaway or on the package page.
Images will be delivered via a digital download link within four (4) weeks of the Session date.
The Photographer reserves the right to select and edit the images at their discretion, ensuring they meet professional standards.
Revisions: The Client may request revisions to the delivered images. The initial delivery includes one (1) round of revisions at no additional cost, limited to minor adjustments (e.g., color correction, cropping). Additional revisions can be purchased at a rate of $100 for 10 revisions, with a maximum of three (3) total rounds of revisions (including the initial round). Requests for revisions must be submitted in writing within seven (7) days of receiving the initial deliverables. The Photographer will complete revisions within seven (7) days of receiving the request, subject to availability.
Raw or unedited images will not be provided under any circumstances.
6. Rights and Usage
Photographer’s Rights: The Photographer retains all commercial rights to the images captured during the Session. The Photographer is granted the perpetual, worldwide, non-exclusive right to use, reproduce, distribute, and display the images for promotional purposes, including but not limited to the Photographer’s website (willtakephoto.com), Instagram (@willtakephotographs), Facebook page (Will Take Photo), portfolio, and other marketing materials.
Client’s Rights: The Client is granted a non-exclusive, non-transferable license for personal use of the images. This includes the right to print, share on social media, and display the images for non-commercial purposes, provided the Photographer is credited (e.g., tagged as @willtakephotographs on social media). The Client may not sell, license, or distribute the images for commercial purposes without the Photographer’s written consent.
The Client will be credited where feasible (e.g., tagged on social media posts), but the Photographer is not obligated to provide credit in all instances.
7. Model Release
The Client grants the Photographer permission to use their likeness, and the likeness of any individuals present at the Session, in the images for promotional purposes as outlined in Section 6. This includes the right to use the images in online and print media to promote the Photographer’s services.
The Client confirms they have informed any individuals present at the Session of the Photographer’s presence and the potential use of their likeness in promotional materials.
8. Cancellation and Rescheduling
By Client:
Cancellations more than 30 days before the Session date will result in forfeiture of the deposit, but no further payment will be due.
Cancellations within 30 days of the Session date will result in forfeiture of the deposit, and the Client will be responsible for the full remaining balance.
By Photographer: If the Photographer is unable to perform due to unforeseen circumstances (e.g., illness, emergency), the Photographer will make every effort to secure a replacement photographer of similar skill. If a replacement cannot be found, the Photographer will refund all payments made by the Client, and these Terms will be void.
Rescheduling: If the Client reschedules the Session, the Photographer will accommodate the new date if available. If the Photographer is unavailable, the cancellation terms above apply. The deposit may be applied to the new date if the Photographer is available.
9. Liability
The Photographer will make every effort to capture the Session as agreed but is not liable for missed shots due to circumstances beyond their control (e.g., weather, lighting, interference by individuals, or location restrictions).
The Photographer is not responsible for loss, damage, or theft of equipment, images, or deliverables due to unforeseen circumstances (e.g., technical failure, theft). In such cases, the Photographer will provide a partial refund proportional to the undelivered services.
The Client agrees to release the Photographer from liability for any injuries, damages, or losses incurred during the Session, except in cases of gross negligence or willful misconduct.
The Photographer’s liability for any claim arising from these Terms shall not exceed the total fee paid by the Client.
10. Client Responsibilities
The Client is responsible for obtaining any necessary permits, permissions, or access for the Photographer to shoot at the Session location(s).
The Client will provide a detailed schedule or itinerary for the Session at least 7 days prior to the Session date to ensure the Photographer can plan accordingly.
The Client will ensure the Photographer has reasonable access to power, space, and cooperation from individuals present to perform their duties.
11. Force Majeure
Neither party shall be liable for failure to perform due to unforeseen circumstances beyond their control, including but not limited to acts of God, natural disasters, pandemics, or government restrictions. In such cases, the Photographer will work with the Client to reschedule or refund payments as appropriate, less the non-refundable deposit.
12. Governing Law
These Terms are governed by the laws of the State of California. Any disputes arising from these Terms will be resolved in the courts of Santa Clara County, CA.
13. Entire Agreement
These Terms constitute the entire agreement between the Photographer and the Client and supersede any prior agreements or understandings, whether written or oral.
Any amendments to these Terms must be made in writing and signed by both parties.
14. Contact Us
If you have any questions about these Terms, please contact us at: will@willtakephoto.com