Terms & Conditions

About Your Session | Your session fee covers our custom-styles photography and your private online gallery. Your private online gallery will display approximately 20-30 images, each personally and creatively edited by myself. The session fee (Deposit) does not include any prints or digital negatives but will be deducted from your choice of package when ordering.

Proofs & Ordering |

Approximately 2-4 Days following your session, I will email you a password to your online proofing gallery. You can order by sending me an email with your choice of package. The online gallery will remain active for 2 weeks. Once the gallery has been archived, there will be a $35 fee to republish it for 7 additional days.

Definition of Client/s | 

The person/s who signature/s appear on this contract shall be the client/s and shall be the one/s to whom PhotoGents delivers its products, and shall be financially responsible for all payments to be made under this contract. This contract incorporates the entire understanding of all parties involved. Any modifications to it must be in writing and signed by PhotoGents and all client/s.

Retainer Payment / Liquidated Damages |

Once the studio reserves a date/time for the client/s, it ceases attempting to sell his services for this date or time to others. If the event is cancelled or postponed the studio suffers a loss. The client/s agree that it would be difficult to ascertain the damages suffered by the studio as a result of a cancellation or postponement of the event. Therefore, the client/s agree that if client/s cancels or postpones the event 60 days or more before the event, that reasonable liquidated damages is the initial retainer payment made by the client/s is not refundable. The Client/s further agree that if the cancellation or postponement of the event is done within 60 days before the event the event,  the reasonable liquidated damages are all monies, including, but not limited to, the retainer that has been paid to the studio and are not refundable.

Exclusive Photographer | 

It is agreed upon that PhotoGents ("the studio") Will be the exclusive commercial photographer providing still prints for or at this event. Others may take photographs or record video as long as they do not interfere with the duties of the studio and do not photograph or record poses arranged by the studio. It is agreed to interference from others, paid or unpaid, who attempt to photograph or record the same poses or scenes during the same time period as the studio may detract from the quality of the studio's images, and may be cause for the studio to cease work until such interference ends. The studio will not be responsible for time or images missed as a result of such interference.

Copyright and Reproduction |

It is agreed that PhotoGents shall own the copyright to all images created through this contract. The Studio shall have the exclusive right to make reproductions for the client/s or for the photographers' portfolios, samples, self-promotion,  entry in photographic contests or art exhibitions, editorial use, for display within or on the outside of the photographers' studio, including the Internet. The client/s agree/s to purchase all prints and/or images directly from the Studio. The client/s will not copy or reproduce images in any way without the studio's express written permission. Unauthorized copying or use of the studios images is an infringement of Federal Copyright Law and a violation of this contract. Unless specifically stated, this contract does not provide the client/s with any ownership of or rights to use the negatives or digital images files created under this contract. If you wish to purchase the full copyright, you can do so for an additional $5000, which includes a Non-Disclosure Agreement specifying that we will no longer possess or use the images in any way. 

Prices |

These prices shall be in effect for a period of 30 days after the date of the event. For any additional items, or for contracted items not fully specified or ordered by client/s until after the thirty day date ("late orders"), prices shall be those in the studio's regular price list in effect at the time any such additional or late order is made.

Personal |

The studio may substitute photographers in the event of a photographer's illness or incapacity. In the event of such substitution, the studio warrants that the photographer taking the photographs shall be a competent professional. The studio may utilize one or more assistant/s at the event, and such assistant/s may also take photographs under the supervision of a principal photographer. 

Inherent qualities |

The client/s understand/s that photographs may fade or discolor overtime due to the inherent qualities of dyes/inks in materials and agrees to release the studio and/or photographer/s from any liability for any claims based upon such fading or discoloration. Prints made at different times, from different cameras, or from digital media VS. Film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing the studio's name and copyright information. All print sizes are normal sizes, not exact measure.

Studio liability and performance | 

The studio takes great care with respect to the exposure, processing, and delivery of photographs. In the event that the studio cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, weather caused by the studio or otherwise, the studio's and/or photographer/s' liability for this or any other circumstance shall be limited to the amount paid up to that time by the clients. The studio does not guaranteed to capture any particular image(s) or meet any particular aesthetic criteria as part of its performance under this contract. In addition, failure by the client/s to make any payment as and when agreed shall release the studio from any further responsibility under this contract, without the responsibility to return any monies previously paid to it under this contract. To the extent provided by law Client/s hold harmless the Studio, it officers, agents and employees from all liability, damages, costs or expenses arising from claims to injury to persons, damage or property occasioned by reason of any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of the studio, it's officer, agents or employees.

Governing law |

The studio and Client/s agree the law of the state of Georgia shall govern the Validity, construction, and performance of this agreement, without regard to its conflict of law principles. Any actions relating to this agreement shall be brought in the state or federal courts located in the serving Fulton County, Atlanta. 

Counterparts |

Client/s and the studio agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature. 

Construction and Severability | 

Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.

Client/s Responsibilities |

Client agrees to cooperate in scheduling and time management to allow the photographer to perform the taking of pictures under this contract. Clients further agree that the Studio is not responsible for the actions of others that impede the Photographer's ability to take pictures under this contract. When the designated photographer of the studio is performing actions under this Portrait Contract, client/s shall cooperate within reason so that the Studio work will not be impeded. If for any reason the client/s actions are such that the Photographer is unable to schedule and/or meet deadlines and/or the client is being unreasonable in dealing with the Photographer the Studio may terminate this agreement. If the client/s actions are such that the Photographer's work is severely impeded or impracticable to perform, then the Studio is not liable for the quality of pictures/video taken.