Updated on January 1, 2020
The following TERMS & CONDITIONS are in effect immediately between Leigh Castelli Photography and the prospective client. When booking a session with Leigh Castelli Photography, you are agreeing to the following terms. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of California.
Deposit and Payment
All photography service fees are stated at the time of the booking. The client will submit a retainer fee as per contract to retain the studio to perform services specified in the agreement. The retainer must be paid in full at the time of booking. The retainer secures the time and services of the Photographer for the sitting fee and is non-refundable or transferable in the event of cancellation.
Following payment of the retainer, the balance is to be paid on the date of the agreed upon session. Proofing galleries will not be delivered unless the session is paid in full at the time of the session. Payment for additional images and albums are to be made upon ordering.
In the event of an emergency - the Photographer may substitute another photographer to take the photographs during the agreed upon session. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Copyright and Reproductions
Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests – the client shall create a “shot list” of all shots that they require.
This clause applies to all social media, including Instagram, Facebook and Social Media Blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
All images will be professionally adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images delivered to the Client for preview are at Leigh Castelli Photography’s personal discretion.
Additional facial retouching, digital manipulation and artist finishing is available to the Client at an additional cost. Any extra edits requested by the client will cost the client $35 per image if accepted by the Photographer. Extra image adjustments include (changing the size of the body or any body parts, swapping or replacing heads or body parts, Digital Botox (skin retouching, hair smoothing, teeth whitening, wrinkle removal) and swapping or replacing backgrounds.
Hair & Makeup services are not included in the session fee. Leigh Castelli Photography will provide vendor recommendations upon request and all additional services will be available to the client at an additional cost to the client. The photographer is not responsible to fix hair, skin, or makeup issues on the day of the session.
Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.
Leigh Castelli Photography will keep client files for up to one year after the session. It is the client responsibility to download, save and back up images as stated in the photography agreement. Leigh Castelli Photography is not liable if digital images are lost, stolen or destroyed.
It is understood that no other photographer, amateur or professional, shall be allowed to photograph during any session with Leigh Castelli Photography. In the event of a wedding- Leigh Castelli Photography must approve working side by side with additional media vendors.
In the event that the family/guests are taking photos during a wedding ceremony and reception, Leigh Castelli Photography is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behavior from guests. Leigh Castelli Photography is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
It is the client’s responsibility to take care of all children and pets during every session. Leigh Castelli Photography will not be responsible due to accident, injury or damage to participants or personal or private property during the photo session or consultation session.
By agreeing to these terms, you are in compliance with the TERMS & CONDITIONS of Leigh Castelli Photography.