The Photographer: Crystal Joy Woodford & America Roe Photography LLC.
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Images: America Roe Photography LLC (The Photographer) holds all exclusive copyright rights to all images that are purchased and printed, as well as low-resolution images given to the Client after purchase of correlating image and Senior Slideshows that are purchased for personal and public use. Any purchased image cannot be scanned and saved to Client’s computer for re-printing, use on social networking sites, etc. Slideshows can not be screenshot for usage of printing images personally as well. Doing such will result in a copyright infringement lawsuit that can result in a fine up to $25,000 and up to five-ten years in prison.
All full sessions include 20-30 images to choose Fine Art Keepsakes from, and Spring and Fall Mini-sessions include 10-20 images to choose Fine Art Keepsakes from.
Session Fee: Price including all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot.
Preparing: Includes but is not limited to time e-mailing, setting up session space (bringing out necessary props, reconfiguring lighting for shoot, sanitizing props that may be used with newborns and children, and so on). During Shoot: Session fee for newborns always includes a block of 3 hours for the shoot. Standard Sessions in-door (when applicable) in session space up to 2 hours, Standard Sessions on-location includes travel time and gas.
Post-Production: Each photo takes approximated 5-30 minutes in post processing. Every full session includes 20-30 edited proofs, Mini-Sessions include 10-20. This also includes time spent setting up Client’s Reveal and Keepsake Ordering Session gallery and Investment Ordering Experience, as well as any post-production attention needed to ensure highest standard for Keepsakes are attained. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).
Travel fees will include $.57/mile outside of a 30 mile radius of Apple Valley, MN for Sessions, or Keepsake Ordering Sessions or Delivery of merchandise ordering from America Roe Photography LLC.
Digitals: As of October 1st, 2018, America Roe Photography LLC does not offer any high-resolution digital copies of the final images with any Session. Rather, ONCE image is purchased, Client will receive low-resolution, image with each correlating purchased image . All low-resolution, images are for the use of Social Media, and are still copyrighted by America Roe Photography LLC. You are prohibited from using the low-resolution, watermarked images for any other purpose, including: using, reproducing or distributing and/or materials incorporating all or any part of the image for profit; selling or distributing electronic copies of the image as standalone files or as part of a product from which a person is able to extract the image as a standalone file; distributing the image in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the image as part of a trademark, service mark or logo. Owner retains all other rights in the image and any derivative image, including without limitation, the right to use, copy, sell, license, and distribute copies of the image in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the image. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
Booking and Rescheduling
The $75 booking deposit, required of all sessions, is nonrefundable, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $75 to hold your spot.
Sole Photographer During Session
During your photography session with America Roe Photography LLC, the Photographer (Crystal) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras. Doing so will result in end of session.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution, watermarked photos to social media sites, only in the case that America Roe Photography LLC is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from web-size images America Roe Photography LLC has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to America Roe Photography LLC’s Facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.
Reveal and Keepsake Ordering Sessions
Your portraits will be available for viewing three weeks after your Sessions with America Roe Photography LLC at your Reveal and Keepsakes Ordering Sessions. Crystal is happy to travel up to 30 mins radius of Apple Valley, MN for this Sessions. Anything outside of this radius, there will be a $.57/mile. If timing is not on our sides, I also conduct these via Zoom or Googlechat. All images will be viewed on America Roe Photography LLC’s software, by which Clients are able to view and then place orders of images from Session for their Wall Galleries, Print Announcements or Photobooks.
Keepsake Menu pricing and product offerings are subject to change without any notification, at anytime throughout photographer and client interactions. America Roe Photography pricing presented during your Reveal and Keepsake Ordering Session is non-negotiable, even if previous Sessions, pricing was different. It is always best, therefore, to order images from your Session time at the Reveal and Keepsake Order Session. America Roe Photography LLC stores Session images for life-long ordering (please see “Edits” section for exceptions to this statement).* Below are points that are found on Fine Art Pricing page
- Please note that pricing and products are subject to adjustments without notification at anytime throughout our time together. These include (but are not limited to): price increase, price reduction, product additions and product discontinuance. To ensure current pricing, please complete payments and order products as soon as possible or at our Keepsake Ordering Session. Prices are non-negotiable.
- Sales Tax and Shipping Rates are not included in the above pricing.
- Once approvals, payment and order has been placed, ALL SALES ARE FINAL.
America Roe Photography LLC provides services for Save the Dates, Graduation Announcements, Christmas Cards, Birth Announcements, etc. This will ensure that all images from America Roe Photography LLC for the Client are printed of the highest quality. This also takes away any need for high-resolution images being acquired by Client, which is viewed as higher level offering of customer service for all America Roe Photography LLC’s Clients.
America Roe Photography LLC reserves the right to edit and release only the images that are deemed creditable as professional in quality and within America Roe Photography LLC’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. America Roe Photography LLC does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.
Once again, edits are solely made by America Roe Photography LLC, any edits by clients or family members to digital files will void contract and close from ordering any images from future re-openings.*
Copyright and Reproductions
America Roe Photography LLC (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s home studio.
Deposit and Payment
The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full 1 week to no later than 24 hrs. before the session for the service to be provided. America Roe Photography LLC accepts cash, checks, Venmo, Zelle, PayPal and all major credit cards. A $30.00 fee will be imposed for any returned checks. There is a 3.5% processing fee for all major credit card transactions.
The Client is obtaining photography services for personal use only, and shall not sell said Fine Art Keepsakes. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, please have the editorial office reach out to the Photographer. In such event, Client/editorial office shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of America Roe Photography LLC.
Client is aware that due to the placement (next to a window, extreme light, moist environment, etc.) and Client’s care of all Fine Art Materials ordered through America Roe Photography LLC, color dyes in photography may fade or discolor over time due to the inherent qualities of dyes used. Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities, environment and ultimate Client care of Fine Art Materials.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. 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 without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Fine Art Keepsakes: Care and Sales
Handle your Fine Art Keepsakes with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Please note, once approvals, payment and order has been placed, all sales are final.
America Roe Photography LLC reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing America Roe Photography LLC experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of Minnesota.