PHOTOGRAPHY SERVICE AGREEMENT
This agreement outlines the terms and policies for individual headshot sessions booked with San Diego Professional Headshots (“Photographer”). It is intended to keep expectations clear, simple, and fair for all clients.
By booking a session online and submitting your information, you (“Client”) confirm that you have read and agree to the terms below. You may be booking on behalf of yourself or another individual (“Subject”). If the Subject is someone other than the Client (e.g., an employee or family member), the Client is responsible for ensuring the Subject is informed of the session time, location, and policies.
What’s Included
Each session includes a designated photography service based on the package selected at the time of booking. Deliverables generally include:
A proof gallery of unretouched images delivered within 1 business day.
Final retouched images delivered within 5 business days of receiving selections.
Timelines may vary slightly based on image volume and Photographer’s workload.
Specific services and deliverables may vary by session type and are listed at the time of booking.
Rescheduling & Cancellations
Sessions may be rescheduled with at least 24 hours’ notice to apply your retainer toward a new date.
Cancellations or reschedules with less than 24 hours’ notice will result in forfeiture of the retainer and a $75 cancellation fee.
Image Selection
Clients have 90 days from gallery delivery to select their included retouched image(s).
If no selections are made within that timeframe, the session will be considered complete, and any included retouching will be forfeited.
Optional Add-Ons
Additional services (e.g., extra looks or retouched images) may be available for an additional fee and can be added at the studio or via the online gallery.
Session Conduct
Clients and Subjects are expected to arrive on time and prepared.
Late arrivals may result in reduced session time with no price adjustment.
If the Subject is more than 15 minutes late without notice, the session will be canceled and a $75 cancellation fee will be billed.
The Photographer may end the session or decline to photograph individuals who are uncooperative, disrespectful, or disruptive.
The Photographer has full discretion over creative and technical decisions during the session and in editing.
Retouching Requests
Included retouching consists of light edits such as stray hair removal, minor blemish correction, and basic skin tone balancing.
Requests for more advanced retouching (e.g., background changes or cosmetic alterations) may be subject to an additional fee or declined at the Photographer’s discretion.
Retouching does not include altering permanent features (such as scars, moles, tattoos), body shape, skin tone, facial structure, or expressions—unless specifically requested and approved in advance.
Gallery Access & File Delivery
Clients are responsible for downloading and securely storing their images.
Photographer will retain final files for at least 180 days. After this period, a $60 re-delivery fee may apply.
Limitations on Use
Images may not be used for AI training, altered in a misleading way, or used in any defamatory or exploitative context.
The Photographer reserves the right to revoke usage rights if images are misused.
Copyright & Usage
Photographer retains full copyright ownership.
Clients are granted a non-exclusive, perpetual, worldwide license to use images for personal and business purposes.
Images may not be resold, sublicensed, or transferred to third parties without prior written consent.
Photographer may use images for portfolio, website, or promotional purposes unless otherwise agreed in writing.
Model & Location Releases
Clients are responsible for obtaining any required model or location releases for commercial use.
By participating in a session, the Subject grants the Photographer permission to use the images for promotional purposes unless prior written notice is provided.
Payment Terms
Full payment is due by the session date or by the due date on invoices.
Final images will not be released until payment is received in full.
Late payments may incur a $25 monthly late fee after the invoice due date.
Force Majeure
If the Photographer is unable to perform due to illness, equipment failure, weather, or other events beyond reasonable control (e.g., fire, natural disaster, or pandemic), both parties will make a good-faith effort to reschedule.
If rescheduling is not possible, any pre-paid session fees will be refunded. No additional compensation will be provided.
Indemnification
Clients agree to indemnify and hold harmless the Photographer from any claims, damages, or liabilities arising from the session, including but not limited to injuries, dissatisfaction, or image misuse, unless caused by gross negligence or willful misconduct.
Final Sale
Due to the custom nature of photography services, all sales are final once images have been delivered.
Version 1.2 — Updated May 08, 2025