Terms of Service
Photography Terms of Service Agreement
This Agreement is made between the Client (“Client”) and Michael Whitcomb, Photographer (“Photographer”), based in Conway, Arkansas.
1. Services Provided
Photographer agrees to provide photography services as outlined in the agreed-upon package or session details. Any additional services may require an updated agreement and additional fees.
2. Booking & Payment
A non-refundable retainer of 50% is due at booking to secure the session date.
The remaining balance is due by 14 days (portrait, family, senior, headshot, general) or 30 days (wedding or event) before the session/event.
Payments may be made via CashApp, PayPal, Money Order, Cash or Check (must be received an extra week prior to deadline allowing it to clear).
3. Cancellation & Rescheduling
Cancellations must be made in writing via email to michael@michaelwhitcombphotography.com.
The retainer is non-refundable but may be transferred to a future session if the Client reschedules at least 30 days prior to the original session date. Reschedule requests made less than 30 days before the session may result in forfeiture of the retainer and require a new booking fee.
If the Photographer must cancel due to illness, emergency, or unforeseen circumstances, the Client will be offered the option to reschedule, receive a full refund (excluding the value of any sessions already completed, such as engagement or invitation photos), or—if available—have the session covered by a trusted associate photographer approved by the Photographer.
4. Image Delivery
Edited digital images will be delivered via an online gallery within 12 weeks after the session.
The number of final edited images will vary depending on the session/package, as well as the cooperation of the Client and all participants during the session.
RAW or unedited images are not provided, unless previously agreed upon in writing and payment has been made at a rate of $100 per RAW image.
5. Copyright & Usage
The Photographer retains full copyright to all images.
The Client receives a personal-use license, allowing them to download, share, and print images for personal use.
Images may not be altered, sold, or used commercially without written permission from the Photographer.
Photographer may use images for promotional purposes, including but not limited to social media, website, portfolio, news or magazine publications, and advertisements, unless the Client explicitly opts out in writing via email to michael@michaelwhitcombphotography.com at least 30 days prior to the session or at the time of booking.
6. Model Release
Client grants Photographer the right to use images from the session for portfolio, website, and social media purposes, unless otherwise specified in writing (following method outlined in section 5) before the session.
7. Liability
Photographer is not liable for:
Loss or damage to images due to circumstances beyond their control (e.g., equipment failure, accidents, or acts of nature).
Any injuries sustained during the session.
8. Client Responsibilities
Client agrees to:
Arrive on time and be prepared for the session.
Communicate any important requests or expectations beforehand.
Ensure all necessary permissions (for locations, minors, etc.) are secured.
Research, pay for, and obtain any required photography permits for the venue at least 30 days prior to the session or event.
Provide an appropriate, pre-agreed upon meal for the Photographer and any assistants for sessions or events lasting longer than 4 hours.
Pay in advance for any necessary travel expenses related to the session/event, including but not limited to mileage, airfare, car rental, lodging, or meals, no later than 30 days prior to the event unless otherwise agreed upon in writing (following method outlined in section 5).
9. Weather Policy
For outdoor sessions, weather conditions may affect the outcome and feasibility of the shoot. If inclement weather is expected (e.g., heavy rain, storms, extreme temperatures), the Photographer may suggest rescheduling the session to a mutually agreed-upon date.
The Client may also request a reschedule due to weather concerns, provided notice is given at least 48 hours in advance. In the event of rescheduling due to weather, the original retainer will be applied to the new session date. Refunds will not be issued due to weather-related changes.
10. Respect & Conduct Policy
The Photographer maintains the right to cancel or leave a session or event without refund if subjected to mistreatment, including but not limited to derogatory remarks, berating, yelling, cussing, harassment, or any other behavior deemed abusive or disrespectful by the Photographer.
The Photographer’s safety and professional integrity are a top priority, and respectful conduct from all parties involved is expected at all times.
11. Image Quality & Retouching
Image Quality: While the Photographer strives to provide high-quality images, the final quality of the images is subject to lighting, location, equipment limitations, and the cooperation of all parties involved during the session. The Photographer is not liable for poor image quality due to factors beyond their control (e.g., weather, location, client behavior, etc.).
Retouching: All images provided are edited and retouched at the Photographer’s discretion. The Photographer is not obligated to perform additional edits beyond standard retouching unless previously agreed upon and paid for by the Client.
12. Client Cooperation
The Client agrees to cooperate fully during the session, including following the Photographer’s direction for posing, timing, and location. Failure to do so may result in less favorable results, and the Photographer is not responsible for unsatisfactory images due to lack of cooperation.
13. No-Show Policy
If the Client fails to show up to the session or event without prior notice, the session will be considered a no-show, and the retainer will be forfeited. The Photographer will not be required to provide a refund or reschedule under such circumstances.
14. Force Majeure
Neither party shall be liable for any failure to perform due to circumstances beyond their control, including but not limited to natural disasters, weather conditions, war, terrorism, strikes, government regulations, or any other unforeseen event that prevents the session from occurring as planned.
15. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Photographer from any claims, damages, liabilities, or costs arising from any claims made by third parties related to the session or event, including but not limited to the use of images, accidents, or injuries occurring during the session.
16. Payment for Additional Services
Any additional services requested outside of the agreed-upon session or package (e.g., extra hours of photography, additional travel, or special requests) must be agreed upon in writing (following method outlined in section 5) and will incur additional charges.
Agreement: By booking a session, the Client acknowledges that they have read, understood, and agree to the above terms.