Terms and Conditions
This Photography Services Agreement ("Agreement") is made between Bella's Photography ("Photographer") and the undersigned client ("Client"). By signing this Agreement, the Client agrees to the following terms and conditions:
1. Payment Terms
A. Payment Methods
Each photographer at Bella’s Photography may have different accepted payment methods. The Client will be informed of the accepted methods for their specific photographer prior to the session date. In general, payments can be made via the following methods:
Cash on the day of the session.
Online invoice via Squarespace, which allows payment through PayPal (including applicable transaction fees, if any).
B. Booking Deposit
A non-refundable deposit of 15% of the total session price is required to secure the booking. The deposit is due immediately upon confirmation of the session date and is applied to the total balance.
If the Client intends to pay by cash on the day of the session, the 15% deposit must still be paid at the time of booking, either via online payment (PayPal) or any other mutually agreed method, to guarantee the booking spot.
C. Final Payment
The remaining balance of the session fee is due within 7 days after the session date. Payments made later than 7 days after the session may incur an additional fee of $10 per day. If payment has not been received within 30 days after the session, Bella's Photography reserves the right to take legal action for the recovery of the outstanding balance.
D. Late Payments
Any late payment will incur a $10 per day late fee. The Client acknowledges that failure to settle the outstanding balance within 30 days from the session will result in the account being handed over to collections, and the Client will be liable for all costs associated with collection efforts.
2. Photo Release Rights
A. Grant of Rights
By signing this Agreement, the Client grants Bella's Photography permission to photograph and/or record the session, including all participants. The Client understands and agrees that Bella's Photography retains the rights to use these photographs and videos for advertising, marketing, promotional, and portfolio purposes, including but not limited to:
Social media platforms (e.g., Instagram, Facebook, Twitter)
Bella's Photography website
Print materials (brochures, flyers, etc.)
Other forms of media
B. No Compensation for Image Use
The Client acknowledges that no payment or royalty will be provided for the use of images. The Client waives the right to inspect or approve the final materials before publication or use.
C. Right to Opt Out of Specific Uses
If the Client wishes to withhold consent for any specific use of the images, this must be communicated in writing prior to the session. Bella’s Photography will make reasonable accommodations to respect these requests, but such requests may limit the usage of images in marketing or promotional materials.
D. Indemnification
The Client releases Bella's Photography from any claims, demands, or liabilities related to the use of the images, including any claims for defamation, invasion of privacy, or infringement of any right.
3. Additional Charges
A. Mileage
A charge of $4.00 per 10 miles will apply for travel beyond a 20-mile radius from Perrysburg, OH. This mileage charge will be calculated based on the distance from Bella’s Photography's office to the location of the session. See map below for radius information.
B. Extra Session Time
If the session exceeds the agreed-upon time, additional charges will apply at the rate of $1.00 per minute. Any additional time must be agreed upon verbal confirmation during the session. The time will be recorded and billed accordingly.
C. Family Sessions
For family sessions, the price includes up to 8 family members. For each additional person beyond 8, a fee of $10 per person will apply.
D. Special Requests
Any special requests for additional services (e.g., props, additional lighting, makeup/hair assistance) may incur additional charges, which will be discussed and agreed upon prior to the session.
4. Cancellation and Rescheduling
A. Client's Responsibility to Cancel or Reschedule
Cancellations must be made at least 12 hours in advance to avoid any fees.
Same-day cancellations will result in a charge of 50% of the session fee.
No-show appointments or failure to cancel within the required time will result in a charge of 100% of the session fee.
B. Cancellations Must Be Made by Phone
Cancellations must be communicated by phone by calling (419) 740-0891. If there is no answer, a voicemail must be left with your name, session date, and a brief explanation.
Cancellations via text message, email, or social media will not be accepted.
C. Rescheduling
If the Client reschedules a session with more than 12 hours' notice, no fee will be charged. Rescheduling with less than 12 hours' notice will result in a 50% rescheduling fee.
D. Cancellation Fees
Cancellation fees must be settled before the Client can book another session.
5. Liability and Insurance
A. Photographer's Liability
Bella's Photography is not responsible for any personal injury, damage to personal property, or loss of property occurring during or after the session. The Client agrees to indemnify and hold harmless Bella’s Photography from any claims arising from the session.
B. Equipment Insurance
Bella’s Photography has insurance coverage for its equipment. However, it is highly recommended that the Client maintain personal insurance for any valuables or items they bring to the session, including but not limited to clothing, props, or other personal items.
6. Force Majeure
A. Unforeseen Events
Neither party will be held liable for failure to perform any obligation under this Agreement due to circumstances beyond their reasonable control, including but not limited to:
Natural disasters (earthquakes, floods, storms)
War or civil unrest
Pandemics or health crises
Government restrictions or mandates
Any other force majeure event.
B. Remedies
In the event of a force majeure, Bella’s Photography will offer the Client the option to reschedule the session or, at its discretion, provide a partial refund.
7. Client Responsibilities
A. Client Preparation
The Client is responsible for preparing for the session by:
Arriving on time and prepared for the session
Bringing appropriate clothing, props, and personal items
Ensuring that all participants (e.g., family members, children) are ready for the session
B. Late Arrival
If the Client arrives more than 15 minutes late, the session may be shortened accordingly, or in some cases, canceled without refund. Additional time may incur additional fees.
8. Photo Delivery Timeline
A. Delivery of Photos
Photos will be delivered to the Client within 3-4 weeks after the session date. The photos will be delivered through an online gallery or in the format agreed upon before the session.
B. Delays in Delivery
In the case of unforeseen delays (e.g., personal or technical issues), Bella’s Photography will notify the Client promptly with an updated delivery timeline.
9. Governing Law and Dispute Resolution
A. Governing Law
This Agreement is governed by the laws of the State of Ohio. Any disputes arising from this Agreement will be resolved under Ohio law.
B. Dispute Resolution
The parties agree to resolve any disputes through mediation or arbitration in Perrysburg, Ohio before taking legal action. Both parties agree to make a good-faith effort to resolve any disputes amicably before pursuing litigation.
10. Data Protection and Privacy
A. Data Protection Compliance
Bella’s Photography will process Client personal information in accordance with applicable data protection laws. Personal data will only be used for purposes related to the session and will be stored securely. Bella's Photography will not share the Client's personal data with third parties without consent, except as required by law.
B. Retention of Photos
Photos will be retained for one year following the session date. After this period, the availability of the images cannot be guaranteed. The Client may request a copy of their photos within one year.
C. Client Access to Data
The Client has the right to request access to their personal data, including images, stored by Bella’s Photography at any time. Requests must be made in writing and will be fulfilled within a reasonable period.