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Engagement Session Terms & Conditions

Engagement Session (Flash Sale) — Terms and Conditions

Thank you for your interest in our engagement sessions!

Below are the Terms and Conditions.  Please read these terms carefully and sign where indicated by typing your full name.

TERMS AND CONDITIONS

[1] “Photographs,” “Photos,” or “Images” means all photographic material produced by In Your Eyes Photography, LLC and its agents, hereinafter referred to as “Photographers”, whether prints, digital images or otherwise, and includes all images shot by Photographers, whether or not provided to Clients.

[2] Except as otherwise specifically provided herein, all Photographs and rights therein, including copyright, remain the sole and exclusive property of Photographers.

[3] Clients grant Photographers and their assigns, licensees, and successors the unrestricted right to copyright, edit, use and publication of Photographs (and any behind-the-scene photographs or videos) for commercial, promotional, website, blog, social media, competition and other purposes without compensation or liability to the Clients.  Clients permit Photographers to conspicuously post photo release notices at the ceremony and reception.  Clients agree to be tagged in photos published by Photographers on social media.  Clients agree to tag, link to, or otherwise reference In Your Eyes Photography when posting photos to Facebook, Instagram or other social media channels.  Clients consent to being tagged on social media posts by Photographers.

[4] High Resolution Digital Negatives (“Negatives”) are JPEG renderings of the raw files shot by Photographers.  Just like traditional negatives, these images are taken straight out of the camera and do not include retouching or editing.  Negatives are sized to approximately 1200 pixels by 1800 pixels.  If Clients purchase Negatives, the Negatives will be culled by Photographers.  With purchase of Negatives, Photographers grant Clients a fully paid-up, perpetual license to use the Negatives provided for personal use. Clients are prohibited from commercial uses of Negatives or digital manipulation of the Negatives.  “Facebook-ready Images,” when provided, are web-sized fully edited JPEG files with watermarks, ready to be uploaded to Facebook and other social media platforms.

[5] Deliverables.  Clients acknowledge that no digital files, Negatives, albums, or prints are included with the session fee.  Clients acknowledge that ordering sessions will be scheduled after each shoot (including engagement, bridal, boudoir, and/or wedding) and that Clients will be required to make purchasing decisions at that time.  

Here is a pdf of the current prices on Engagement Session Products:  IYE Collections – Engagement (Flash Sale).

[6] Photographers reserve the right to edit and will be the final authority on images that will be delivered to Clients.  Clients acknowledge that not all images shot by Photographers will be made available to Clients.  Culling the images to reject the bad ones and accept the good ones is a service Photographers provide to Clients.  Therefore, under no circumstance will Clients be allowed to review all of the thousands of images that may be taken during the event.

[7] Artistic Style.  Clients acknowledge that they are familiar with the Photographers’ portfolio and are requesting services with knowledge of the Photographers’ style; that Photographers’ work is constantly evolving; that Photographers’ services are of unique and artistic nature; that the photos may be different from photographs taken by Photographers in the past; and that in creating the photos, the Photographers shall use their personal artistic judgment to create images consistent with their personal vision of the event, which vision may be different from the Clients’ vision of the event.  Accordingly, Clients acknowledge that the Photos shall not be subject to rejection on the basis of taste or esthetic criteria.

[8] Any prints or albums ordered through Photographers shall include a LIFETIME WARRANTY of quality workmanship. In the event the product is defective or color fades, Photographers will replace such product or return the purchase price of such product to Clients.  The choice of replacing the product or returning the purchase price of such product shall be exclusively Photographers’.  Photographers do not guarantee the quality or color of any print product purchased from a third-party.  Photographers do not recommend printing professional photos at CVS, Walgreens, Costco or similar photo labs.

[9] Clients acknowledge that Photographers will not maintain a permanent archive of their Images.  To preserve images for a lifetime, it is recommended that the images be printed in physical form, since electronic files quickly become obsolete.

[10] Clients agree that Photographers’ liability for breach of this Agreement is limited to the amount paid under this contract.  If Photographers cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, due to the Photographers’ illness or injury, or for any other reason, with or without fault on the part of Photographers, then Photographers will return any all fees to the Clients but shall have no further liability with respect to this Agreement.  Photographers shall in no event be liable for consequential damages, emotional distress, or mental anguish.  This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged with or without fault on the part of the Photographers. Clients acknowledge that the wedding will not be recreated for the purpose of additional photographs.

[11]  Any disputes arising out of this agreement shall be resolved exclusively in state or federal court in Travis County, Texas.  Before any lawsuit is filed, the parties agree to attend a full day of non-binding mediation at Lakeside Mediation Center in Austin, Texas and split the mediation fee.  Any dispute arising under this Agreement is subject to Texas law.

[12] This agreement constitutes a final agreement and supersedes all prior agreements or understandings.  Any representation not made herein is expressly disclaimed.  Payment of the deposit constitutes Clients’ acceptance of these terms, without the necessity of signature.  The signing Client affirmatively represents that he or she has actual authority to sign on behalf of his or her fiancé/fiancée.  Each and every term here is MATERIAL to Photographers’ agreement to photograph Clients’ wedding.  By signing below, Clients affirmatively represent that they consent to these terms.

[13] ALL MONIES PAID (INCLUDING DEPOSITS) ARE FINAL AND NON-REFUNDABLE.  

Electronic Signature.  By typing your full name, you are affirmatively representing that you have read and understood the terms and conditions above.

 

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