Definitions and Applicability: These “Terms and Conditions” apply to the business relationship between Angelika’s Photography, hereafter referred to as “Photographer” and the person(s) or organization(s), hereafter referred to as “Client”, to whom Photographer provides photography services (such as photography assignments, sessions, editing/retouching) and products (such as images, digital or otherwise, media and transfer instruments), hereafter referred to as “Products and Services”.
All transactions between Photographer and Client, whether made orally or in writing, are subject to these Terms and Conditions. Any amendment, alteration or waiver of any of these Terms and Conditions must be made in writing by Photographer. Photographer reserves the right to change these Terms and Conditions at any time without notice.
Pricing and Payment: Prices are determined at the time of order based on Client’s request. All prices shown on Photographer’s price list are subject to change without notice. When the assignment requires the payment of a deposit, Client acknowledges that such deposit is non-refundable.
Payment for all Products and Services provided by Photographer must be made upon completion of the work. Due to the individual and sensitive nature of boudoir photography, all payments for Products and Services are final and no refund, exchange or return is allowed on any order. Accepted forms of payment include cash, Visa, Master Card, Discover and American Express credit cards as well as personal checks. For payments made by personal check, Services will be rendered, and Products released, only after the check clears Photographer’s banking institution. Photographer reserves the right to retain all of Client’s materials until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer is not granted until after payment has been made in full. Photographer reserves the right to charge interest on all overdue invoices at a rate of three (3) percent.
Vouchers, coupons and gift cards must be presented at the time of service and must be used on or before their expiration date. The entire value of the voucher, coupon and gift card must be used in a single visit and cannot be combined with any other offer or promotion. Vouchers, coupons and gift cards bearing the recipient’s name are not transferrable. Taxes and gratuity are not included in voucher, coupon or gift card price.
Delivery and Use of Products and Services: Photographer warrants that Products will be supplied, and Services rendered, using customary care and skill. Photographer will provide Client with access to a web based gallery of edited and retouched images for online viewing (number of images varies with type of photography and packages selected by Client) within five (5) business days of the scheduled photography session. Access to web galleries is restricted to Client and granted only during the appointment (in person or over the phone) with Client to review images. Images may not be copied from the web gallery or used in any form, without express written permission of Photographer. Client will have thirty (30) days from photo session to select and purchase images. Final images are provided in digital format (CD, DVD, flash drive or electronic transmission). Prints in a variety of supports and formats can also be ordered by Client. Final images can not be exchanged upon delivery. At the expiration of the 30-day period, images will be deleted permanently.
Products and Services are provided on an "as is" basis without warranty of any kind, including the implied warranty that the Products are suitable for the purposes intended by Client. Client bears responsibility for ensuring that all usage of delivered Products is in accordance with any applicable laws, regulations or other customs and practices. Photographer bears no liability for any omissions or faults regarding usage of Products by Client.
Copyright: In accordance with the United States Copyright Laws, the copyright of all images created by Photographer is owned by Photographer. Photographer retains all copyright benefits for all images created by Photographer and his agents at perpetuity. Copyrights for art (including photographs) do not expire. Unless Photographer gives written authorization, Client is forbidden by law to copy any images created by Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Photographer, shall only be carried out by the Photographer. However, a license to reproduce such images will be granted to Client upon payment of all invoices in accordance with the Terms and Conditions.
License for the use of images will generally be granted for non-commercial use at no cost provided the photographic work is properly credited, a simple copyright statement placed near or on the image, and notification of use is communicated to Photographer. Non-commercial use includes personal web pages, and prints of images kept or given to friends and family.
Photographer reserves the right to make reproductions of images created during assignments/sessions for marketing, promotional and editorial purposes but Client’s prior consent will be requested for boudoir and nude photography.
Cancellations: A cancellation policy of 48 hours prior to the scheduled appointment applies to all photography sessions and assignments or deposit, voucher, coupon or gift card is subject to forfeiture. Late arrivals will decrease photography/session time proportionally. However, the appointment will be cancelled if Client arrives more than thirty (30) minutes after the schedule appointment. All orders for prints and Products delivered by third parties must be prepaid and may not be cancelled or modified.
Privacy Policy: Photographer collects certain personal information from registration on Photographer’s website and/or placing an order or filling out required forms while at Photographer’s studio or event. The only information collected is that required internally to process orders, set up appointments or run payments. Information voluntarily provided by Client may be used to personalize Client’s experience and allows Photographer to respond to individual needs, improve the company’s website and customer service. Personal information, whether public or private, will not be sold, exchanged, transferred or given to any party outside of Photographer with the exception of payment processing (such as PayPal), web hosting (such as Zenfolio) or printing (such as Miller’s Lab) companies. Credit information is transferred via secure socket layer technology, is encrypted into the payment gateway provider database, and can only be accessed by those authorized to keep the information confidential. Client’s personal information is not stored on Photographer’s servers.
Due to the sensitive nature of boudoir and nude photography, Photographer aggressively promotes the permanent deletion of images to protect Client’s privacy. Images are deleted immediately following the 30-day viewing period and/or purchase of images by Client. Men are not allowed in the studio during boudoir or nude photography, or during sales consultation to protect Client’s privacy and personal experience in the studio. Children under the age of 18 are not allowed in the studio at the time of a boudoir or nude photography session. Client shall be responsible for the behavior of any persons accompanying them to an assignment. Photographer reserves the right to terminate any assignment/session without notice if she deems Client’s behavior to be unruly or unsafe. In such instances, Photographer reserves the right to charge her full fees and expenses as described in these Terms and Conditions. Client agrees to fully reimburse the Photographer or her agents for any loss/damage Client causes to property or equipment.
Limitation of liability: Photographer shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of the Products and Services nor for any special, indirect, economic or consequential loss or damage arising or caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Products and Services. Any liability of the Photographer shall in any event be limited to the fees paid by Client. Client shall hold harmless and fully indemnify Photographer against any liability arising out of Client's use of the Products and Services.
Adult Content Disclaimer: The materials which are accessible through Angelika’s Photography website(s) may include artistic nudity and should not be accessed by anyone younger than 18 years of age (21 in AL, WY, MS, NE, and any other location where 18 is not the legal age), or anyone who is offended by such materials or who does not wish to be exposed to content of this nature.