Terms and Conditions
Session / Creative Fee – The Session / Creative Fee covers the initial consulting process, and the the initial time and energy of our creative team during the process of creating your portraits. Your creative fee may vary depending on the complexity and timetable of your project.
Location Expenses – If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer cannot guarantee or arrange payment on any location. The creative fee covers travel within 20 miles of Monsour’s Photography. Any location outside of these limits will be subject to travel charge of $125/hr in 15 minute increments as part of the agreement.
National/International Travel – The Client is responsible for all travel, lodging, and transportation expenses including luggage, tolls, ferry fees, customs, etc. incurred. Monsour’s Photography will pre-book all travel, lodging, and transportation once the contract is signed and the full retainer payment is complete. Due to the nature of national and international travel policies, Monsour’s Photography will not depart for the destination location until the total amount due by the client has been paid, cleared, and converted to travelers cheques. Full payment is due 7 business days prior to the departure date.
Per Diem – For destinations over 3 driving hours away from Monsour’s Photography home office, The Client is responsible to provide each photographer/assistant with a minimum of $200 expense allowance per 8 hour day for for food and beverage and other expenses. This expense allowance is in addition to any Travel, Lodging, or transportation expenses.
Rescheduling – If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Monsour’s Photography reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Re-shoots – Re-shoots are determined at the discretion of Monsour’s Photography. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
Payment Schedule – Unless you have been approved for another payment schedule, payment in full is due upon approval. Your project will not commence, images will not be processed and/or prints will not be sent for fulfillment, until the terms of your payment schedule are met.
Refunds – All Fees, Charges, Purchases, and Expenses are non-refundable. The client is hiring Monsour’s Photography to develop a creative product based on the details included in the project quote. Because creative products are subjective by nature, the extent of warranty for all Monsour’s Photography products is limited to the physical quality of the product based on accepted industry standards.
- Booking Fee / Retainer — Non-refundable
- Session / Creative Fee – Non-refundable 24 hours prior to the project commencement date
- Expenses – Non-refundable once the expense has been realized
- Travel Time – Non-refundable once travel has occurred.
- Physical Products – Non-refundable no exceptions
- Digital Products – Non-refundable Non-transferable, No Exchanges, no exceptions
- Online Sales – All online sales are final and non-transferrable, Under no circumstances will products purchased online be upgraded, mixed or swapped for products available through in-studio purchase. Items purchased will be fulfilled as purchased – no exceptions.
- Proofs – Portrait Session proofs are not available for purchase, only retouched images are available for purchase.
- Un-retouched Event Photos – Un-retouched event prints are offered online for weddings or other events at the discretion of Monsour’s Photography; these images are provided at discounted prices for event guests to print images as keepsakes.
Archive of Session Images – Unless archive storage is purchased, images are marked for archive and will be purged from archive at the discretion of Monsour’s Photography. Monsour’s Photography is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Damage – Photographer is not responsible for the damage of portraits or products after delivery to client, including damage caused during transit by delivery services. Client assumes all responsibility for the safety of all portraits upon receipt.
Liability – The client shall indemnify and hold harmless Monsour’s Photography from and against any claim by the client and any other person or entity resulting from the performance of services under this agreement. Client(s) will be responsible for minors and for themselves and release Monsour’s Photography from any claims.
Digital Image Policy
As a premium photography studio, our focus is on providing the highest quality images that can be purchased. We are tireless in the pursuit of creating one of a kind imagery that captures your imagination and distills the beauty and emotion of a single moment into the perfect image for you. Because of our dedication to the quality of our imagery we are also very careful of our reputation and how our work is represented to the public. It is highly advised to print through our studio so that we can ensure that you are receiving the best quality image possible.
It is important to Monsour’s that every client understands that our digital image policies are not arbitrary and reflect a universally accepted standard in the professional photography industry that is upheld and enforced by professional photography associations, intellectual property organizations, and law enforcement institutions worldwide. It is universally accepted that photography and the creative imagery produced by photographers and digital artists are considered the property of the creator regardless of the subject, location, time, or any other factor that may be involved in the creation of an image. The value, usage, and licensing of the image is completely at the discretion of the creator of the image.
By releasing a digital copy of an image to you we are entrusting you to protect the image as we would and to represent our work with the respect and care that we would. Be aware that by using any of our images you agree to the terms of usage that we describe in this document.
We request that you adhere to the following guidelines when using our digital images.
- If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram* etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way** and you must give credit to Monsour’s Photography
- Avoid printing our images at 1 hour labs and budget print labs. We spend a lot of time creating a beautiful image that is made to print exactly as it is with a professional photo lab. Budget print labs have automated equipment that makes drastic adjustments to the color, clarity and tone of the image resulting in an inferior image quality that looks nothing like the original image.
- If you are printing any of the digital files you may not alter the image in any way** you are not allowed to print images larger than the size that your print release states. The print release size is shown on your invoice.
Copyright and Penalty – Monsour’s Photography retains all copyrights to all images created during client’s session. A print release is necessary with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to photograph, copy, scan, download, print, share, alter, or otherwise steal any image created by Monsour’s Photography during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file. Digital images and prints purchased from photographers can only be used for personal use and not for commercial, political, or any for-profit uses. A separate commercial release can be purchased if the images need to be used for anything other than personal use. Sharing on personal social media pages, web pages, or blogs is allowable but credit and link back to www.monsoursphotography.net is required.
*Instagram – you may not alter the image(s) in any way by adding filters.
** You may not re-edit, crop, or remove the watermark, or alter the images in any way, doing otherwise is copyright infringement.