CHAPTER 8 STUDIO

General Terms and Conditions

1. DELIVERABLES

We will perform the services and provide the final images (the "Deliverables") in the agreed-upon format within the following timeframes:

Entry-Level Branding Package: Deliverables are expected within 72 hours from the date of the photography session.

Mid-Level Branding Package: Deliverables are guaranteed within 96 hours from the date of the photography session.

Premium-Level Branding Package: Deliverables are assured within 120 hours from the date of the photography session.

Basic Headshots Package: Deliverables are expected within 72 hours from the date of the photography session.

Standard Headshots Package: Deliverables are guaranteed within 96 hours from the date of the photography session.

Premium Headshots Package: Deliverables are assured within 120 hours from the date of the photography session.

Recreational Event Packages: Deliverables are expected within 2-3 weeks from the date of the event.

Conference Packages: Deliverables are guaranteed within 2-3 weeks from the date of the conference.

Real Estate Photography Packages: Deliverables are expected within 48 hours from the date of the photography session.

Family Portraits Packages: Deliverables are expected within 1-2 weeks from the date of the photography session.

Our production days are Monday through Thursday, ensuring we offer dedicated service and quality results to meet the unique needs of each client and project.

Please note that these timelines do not include the additional time that may be needed for any add-ons like advanced edits or premium edits, rush delivery, or for additional attendees.

2. ARTISTIC RELEASE

Style: The client has had sufficient time to review our work and should expect that we will perform the Services in a similar manner and style unless otherwise specified.

Consistency: We will make reasonable efforts to ensure the Services delivered align with the client's expectations and remain consistent with our current portfolio. We welcome and will try to incorporate any reasonable suggestion made by the client. However, the client understands and agrees that:

1. Every client and project is unique, with different preferences, budgets, and requirements;

2. Photography is an inherently subjective and creative art; we maintain a unique vision, with a continually evolving style and technique;

3. We exercise our artistic judgment in providing services, which may not involve strict adherence to the client's suggestions;

4. While we endeavor to include the client's suggestions and desires when providing services, we retain the final say on the aesthetic judgment and artistic quality of the services;

5. The inclusion of Basic Editing in all our packages, with the option to upgrade to Advanced and Premium Edits, allows the client to choose the level of artistic input they desire;

6. Dissatisfaction with our aesthetic judgment, artistic ability, or choice between Basic, Advanced, or Premium Edits is not a valid reason for termination of this Agreement or request of any monies returned.

Terms of Alterations to Licensed Images

Minor Alterations are permitted and include, but are not limited to:

1. Cropping: Adjusting the framing or orientation of an image to fit a specific size or shape requirement.

2. Resizing: Changing the dimensions of the image, either by enlarging or reducing it, to fit a specific medium or platform.

3. Brightness/Contrast Adjustments: Modifying the light levels or contrast in the image to enhance clarity or visibility.

4. Minor Color Correction: Adjusting the color balance or saturation to ensure accurate and consistent colors, or to adjust for different display technologies.

5. Sharpening or Softening: Using filters to either sharpen or soften the overall image or specific elements within the image.

6. Adding or Removing Elements: Significant changes such as adding text, graphics, or other images to the original photo or removing substantial parts of the image.

Major Alterations are not permitted without written consent and potentially additional fees, and include but are not limited to:

1. Color Changes: Drastically changing the color scheme or applying heavy filters which change the overall mood or tone of the image.

2. Image Manipulation: Using techniques like warping, skewing, or morphing to change the shapes or forms in the image.

3. Combining Images: Merging the image with other images to create a collage or composite.

4. Changing the Context: Altering the image in a way that changes its original context or meaning.

All alterations should respect the original intent and composition of the image. In all cases, the integrity of the photograph must be maintained. Any alteration that might be deemed to derogate from the original image or misrepresent the intent of the photograph is strictly prohibited.

Please contact us for permission and clarification if you wish to make any changes beyond the defined minor alterations.

3. SERVICE FEES

Estimates: Sending an estimate does not establish an agreement between the photographer and the client. However, once signed, the client approves and agrees to this agreement and is obligated to fulfill all payment requirements to secure the booking.

Payments: Clients may choose to pay in full or split payments into a maximum of 3 equal payments, auto-debited monthly. For securing a session with a minimum amount, a non-refundable retainer fee of 50% is required, which fairly compensates the photographer for committing to the service and forgoing other potential bookings.

Return Payment Fee: If a credit card payment is declined, a 3-day grace period is offered to resolve the payment. If not resolved within 3 days, a one-time $50 fee will be charged.

Late Arrival Fee: A $100 late fee will be billed separately for clients who arrive more than 30 minutes late from the start time without proper notification. This fee must be paid before the images are released. One free rescheduling option is available. After 45 minutes from the scheduled start time, without notice, the session is considered a "no show" and rescheduling is subject to availability.

Change of Location: Location changes within 8 miles from the original site, without 24-hour notice, incur a $35 fee. Changes beyond 8 miles up to 50 miles result in a $55 fee payable before image release. Clients may notify of location changes up to 2 weeks in advance to avoid this fee.

Additional Images: For packages with a specified number of images, additional images with complete touch-ups can be purchased for $25 per image.

Advanced & Premium Edits: Clients can upgrade their package to include Advanced Edits for $35 per image or Premium Edits for $55 per image. Image bundles are also available for bulk edits.

Outstanding Balance: All payments and applicable fees must be settled before the final release of images, sans the photographer's watermark. We reserve the right to withhold all images from the session if there are any outstanding fees.

Miscellaneous Fees: The client is responsible for reimbursing the photographer for all unforeseen costs that might arise in preparation for the booking, including but not limited to travel costs, parking fees, and admission fees, where applicable. If specific props or items are required for the session, these may also incur additional costs.

Outstanding Balance: All payments and applicable fees must be settled before the final release of images, without the photographer's watermark. We reserve the right to withhold all images from the session if there are any outstanding fees.

Traveling Sessions: For sessions requiring travel, all transportation, accommodation, and per diem costs must be covered by the client. This includes any potential unforeseen fees related to travel.

Travel Sessions - Accommodations Clause: For sessions requiring travel, accommodations are not confirmed until the minimum requirements to secure the contract are met. The photographer cannot guarantee specific accommodations without payment from the client. Any specific rules or restrictions of the accommodations, such as no smoking, must be adhered to. The client must notify the photographer of any additional guests that will be present for the shoot.

Travel Sessions - Hotel Clause: Under the travel packages, the photographer is responsible for arranging the hotel stay for the client. The photographer is responsible for securing the hotel location, dates, and room for the client. The client must have a valid ID and a credit card upon check-in for any incidental charges. The photographer will provide the client with a Credit Card Authorization form that must be presented at check-in. The client assumes liability for any loss, damages, and additional charges accrued while staying at the designated hotel.

Travel Sessions - Ground Transportation Clause: As part of the travel packages, the photographer arranges ground transportation for the client. The photographer is responsible for securing comfortable, electric ground transportation for the client. Arrangements will be made for transportation from the airport to the hotel, from the hotel to the photoshoot location, and return. The client is responsible for any additional fees accrued from travel outside of these specified routes. The photographer assumes liability for any additional fees accrued from extended travel within these routes due to unexpected traffic or other unforeseen circumstances.

4. CHANGE OF SERVICE

The client may request additional or different services from the photographer, such as advanced editing, premium editing, or additional image bundles, at or before the time of the appointment. The photographer's compensation for such additional services must be handled directly with the photographer.

Cancellation: If the client cancels any photoshoot session with the photographer up to 30 days before the scheduled photo shoot, the client may be eligible for a partial refund, less any fees already expended on pre-production and production costs. If the client cancels any photoshoot session within 30 days of the scheduled photoshoot session, the client forfeits all monies paid due to costs already incurred for pre-production and production.

Reschedule: The client may reschedule a session as the photographer's schedule permits, based on the next available date and time. The client is responsible for any additional costs needed to secure the alternative session date. These fees may vary based on the cost of pre-production and production, and other unforeseen expenses incurred due to rescheduling.

The client is not relieved of any payment obligations for canceled services, rescheduled services, failing to show up for the services, or should it become impossible for the photographer to provide the services due to the fault of the client (or parties related to the client) unless the parties otherwise agree in writing. For instance, if the photographer is able to secure another, unrelated client for the services, then the photographer may choose, at its sole discretion, to excuse all (or a portion of) the client's outstanding balance of the total cost.

Limited Re-Shoot Guarantee Terms and Conditions

1. Notification Period: Clients must express dissatisfaction with any photographs within 14 days of receiving the final edited images. Requests for re-shoots made after this period will not be accepted.

2. Scope of Re-Shoot: The re-shoot will only cover photographs or scenes that did not meet the client's expectations based on the initially agreed-upon direction of the shoot. The re-shoot will not accommodate new scenes or concepts that were not part of the original agreement.

3. Scheduling and Location: Re-shoots will be scheduled at a mutually convenient time, subject to the photographer's availability. The location of the re-shoot will be chosen by the photographer. Should the client request a specific time or location that incurs additional costs, the client will be responsible for these expenses.

4. Number of Re-Shoots: The limited re-shoot guarantee covers one re-shoot per project. This is to ensure clear feedback and direction from the client and to discourage misuse of the guarantee.

5. Exclusions: The guarantee does not cover situations outside the photographer's control, such as unfavorable weather conditions, unavailability of models, client-provided props or locations, or any other factors that could not be predicted or controlled by the photographer.

Please note, the Limited Re-Shoot Guarantee is a commitment to quality and client satisfaction. However, it is not a provision for repeated shoots outside the original project scope or due to factors beyond the photographer's control. The above terms and conditions apply to ensure fairness to all parties involved.

5. INTELLECTUAL PROPERTY RIGHTS

a. Ownership of Copyright: The Photographer continues to hold all rights, title, and interest in the images, including all rights under copyright law, moral rights, and all other intellectual property rights, contingent on the Client fulfilling all relevant fees and expenses. To be clear, in instances where the Photographer offers the Client access to images on a trial or sample basis, the Photographer maintains full ownership of such images until the Client decides to purchase them.

b. Standard License Agreement: The Photographer grants the Client a restricted, irrevocable, nonexclusive license to use, reproduce, and display the delivered images for specific purposes. These include advertising, showcasing, and promoting the Client's services online, such as on their website and social media accounts, as well as offline, like in printed copies displayed in the Client's offices or portfolios (collectively referred to as the “Licensed Purposes”).

c. Extended License Agreement: The Client may opt for an Extended License, which grants the Client expanded rights to utilize the delivered images for commercial use, given that Chapter 8 Studio is provided with attribution each time the images are used. The Client must pay an additional fee for this Extended License.

Under this Extended License, the Client is granted a Lifetime Commercial Use license for the product(s) produced. However, the Client is prohibited from making alterations to the images, such as changes to the composition, color correction, filter application, etc., without the express written permission of the Photographer.

Furthermore, in the event that any copyrighted work(s) are created as a result of the Services provided by Chapter 8 Studio in accordance with this Agreement, Chapter 8 Studio releases all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law to the Client, whether registered or unregistered.

d. Client Acknowledgement: The Client grants the Photographer a limited right to identify the Client as one of the Photographer's general clients and to associate the Client with images that the Photographer uses, reproduces, or publishes in line with the Licensed Purposes. These rights extend to naming the Client in online social media posts and tags. However, the Photographer is not permitted to use the Client's name or trademarks in any way that's not explicitly allowed in this section without the Client's prior written consent.

Subscription Terms and Conditions

1. INTRODUCTION

These Terms and Conditions govern your subscription to our services available under our Entry-Level Branding, Mid-Level Branding, and Premium packages (the "Services"). By subscribing to any of the Services, you agree to these Terms and Conditions.

2. SUBSCRIPTION SERVICES

a. Entry-Level Branding Package: This package includes basic branding services as detailed on our website or service brochure.

b. Mid-Level Branding Package: This package includes all services in the Entry-Level Branding Package, plus additional services as detailed on our website or service brochure.

c. Premium Branding Package: This package includes all services in the Mid-Level Branding Package, plus premium services as detailed on our website or service brochure.

d. Basic Headshots Subscription: This subscription includes Basic Headshots services as detailed on our website or service brochure.

e. Standard Headshots Subscription: This subscription includes all services in the Basic Headshots Subscription, plus additional services as detailed on our website or service brochure.

f. Premium Headshots Subscription: This subscription includes all services in the Standard Headshots Subscription, plus premium services as detailed on our website or service brochure.

g. Real Estate Photography Subscription: This subscription includes regular real estate photography services, as detailed on our website or service brochure, suitable for estate agents and property management firms.

h. Family Portraits Subscription: This subscription offers regular family portrait sessions, as detailed on our website or service brochure, providing families with a steady stream of professional, high-quality photos to capture their growing and changing lives.

3. FEES AND PAYMENT

The fees for our Services are as detailed on our website or service brochure. By subscribing to our Services, you agree to pay all applicable fees. Payments are due at the start of each subscription period.

4. RENEWAL AND CANCELLATION

Your subscription will renew automatically at the end of each subscription period unless you cancel your subscription. To cancel your subscription, you must notify us at least [number of days] before the end of the current subscription period.

5. REFUND POLICY

Refunds for canceled subscriptions will be processed as per our Refund Policy, which is available on our website.

6. USAGE RESTRICTIONS

You may use our Services only for lawful purposes and in accordance with these Terms and Conditions. We reserve the right to terminate your subscription if we determine that you have violated these Terms and Conditions.

7. DATA PROTECTION

We will handle all subscriber data in accordance with our Privacy Policy, which is available on our website.

8. DISPUTES

Any disputes arising out of your subscription to our Services will be governed by the laws of our jurisdiction and resolved as per our Dispute Resolution Policy, which is available on our website.

9. CHANGES TO THESE TERMS AND CONDITIONS

We may update these Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions on our website. It is your responsibility to review these Terms and Conditions periodically for any changes.

10. CONTACT INFORMATION

For any questions about these Terms and Conditions or your subscription, please contact us at:

Chapter 8 Studio LLC

Phone: 618-492-4161

Email: support@chapter8studio.com

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These Terms and Conditions were last updated on May 29, 2023.

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