Terms and Conditions:
Receipt of Goods:
Within 4 weeks of the Session Date, the online gallery will be ready to view. At this time, the online gallery will be open for Client to view and share with families and friends for 7 days and the Client is responsible for downloading their photographs and purchase any additional digital or print material during this window. After 7 days, the gallery will be archived. Should the Client choose to reopen the gallery for another 7-day period, a $100 fee will apply. This $100 will serve as a product credit during the new 7-day period. If the Client chooses not to place an order, or places an order below $100, the Client gives up the $100 credit.
Any orders placed by the Client will get sent to Photographer’s lab. Client will typically receive final products in 3-6 weeks. Busy holiday periods or large orders may take longer. It is strongly recommended that any print orders go directly through Photographer’s lab via the Client’s online gallery. Photographer cannot guarantee the quality of prints and enlargements attempted outside of Photographer’s lab.
Copyright/Use of Images:
Karen Wituszynski Photography has all rights to all images produced from the session and may use said images in any lawful way Photographer sees fit, including (but not limited to) publications, websites, and marketing materials. It is illegal to copy or reproduce these photographs or videos elsewhere without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. The included images may not be entered into contests, sold, copied, scanned, or used commercially in any format, digital, printed or otherwise. The images may not be used in any form other than private use without express written permission from the copyright owner, Karen Wituszynski Photography. The Photographer retains all publication and general reproduction rights for these images. Client will receive a download of images, but these images may not be edited or manipulated in any way, including (but not limited to) cropping, adding filters, text, or logos. Client may share photographs from the session on social media and will give credit to Photographer with a “tag” on Facebook (@Karen Wituszynski Photography) or Instagram (@karenwituszynski).
Photographer is not responsible for any injuries inflicted upon any participating parties. Client is responsible for themselves and their children, and releases Photographer from any claims against their person or their business. Client is responsible for their party's behavior and conduct. Should the Photographer feel unsafe due to the behavior of the party, she reserves the right to cancel services, keeping any fees paid up to that point. The photograph selections and edits are up to the Photographer’s discretion. It is up to Photographer’s discretion which photographs are in color and which photographs are in black and white. Photographer is not liable for missing any certain moments wanted to be captured by Client. Client understands that certain lighting conditions may affect the quality of the photographs.
Photographer is not responsible for the quality of prints and enlargements done by Client outside of Photographer’s lab. For guaranteed professional-quality prints, it is recommended that Client places any print orders through the Client’s online gallery.
All sessions are non-refundable. If the Client cancels this contract prior to the Session Date, and monies paid not be refunded. Client understands that arriving 15 minutes prior to the scheduled start time is best to ensure a complete session. Client understands that arriving late may result in fewer images or a missed session with no refund. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Force Majeure and Safe Environment:
If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Photographer may, in Photographer’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement, Photographer shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.
Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.
Model Release not required to book session. Unless specifically requested by Client, Client grant permission to Karen Wituszynski Photography to use photographs or videos taken of Client, Client's name, and Client's likeness for use in its publications, such as marketing materials, portfolio entries, editorial submissions and use, or for display within or on the Photographer’s website and/or studio, Instagram, and Facebook account.
Client hereby releases and hold harmless Karen Wituszynski Photography from any reasonable expectation of privacy or confidentiality for Client and/or any minor child and/or children associated with the images taken on the Session Date.
Client further acknowledge that neither Client and/or the minor child or children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in Karen Wituszynski Photography marketing materials or other publications. Client hereby waives any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and Client waives any right to royalties or other compensation arising from or related to the use of the photograph.
Client is 18 years of age or older and warrants and represents as the parent or guardian of the Child/Children in the session.