Terms & Conditions

Last updated: July 8, 2025

This Agreement is a legally binding contract between Whiskers and Wildflowers Photography ("Photographer") and the undersigned client ("Client"). By booking any session, the Client fully agrees to all terms below. These terms are non-negotiable.

1. Booking and Payment

A non-refundable retainer of [insert amount or %] is required to secure a session date. No date will be held without this payment.
The remaining balance must be paid in full no later than [insert deadline, e.g., 48 hours before the session]. Non-payment may result in cancellation without refund.
Accepted payment methods include cash, credit card, and digital payment platforms such as Venmo, PayPal, or Zelle. The Client is responsible for any transaction or processing fees associated with digital payments unless otherwise agreed.
A 10% discount is offered for payments made entirely in cash.
Standard sessions include up to [insert session duration, e.g., 60 minutes] of continuous shooting unless otherwise agreed in writing.

2. Cancellation and Rescheduling

Cancellations must be made in writing at least 3 days prior to the session.
Cancellations made within 3 days of the session will result in complete forfeiture of the retainer plus a $75 late cancellation fee.
One reschedule is permitted at no charge if requested at least 72 hours before the session. Additional or late reschedules may be declined or may incur a fee.
Rescheduled sessions must occur within 60 days of the original session date unless otherwise agreed in writing.

3. Session Requirements

Clients must arrive on time and fully prepared. Sessions will begin at the scheduled time, and any late arrivals will result in reduced session time with no refund or extension.
The Photographer is not responsible for missed images due to tardiness, uncooperative subjects, unsuitable weather, or unapproved locations.
Clients are responsible for their wardrobe, hair, makeup, and appearance. No reshoots or refunds will be granted due to dissatisfaction with personal styling.
No-Show Policy: If the Client does not attend their session without prior written notice, it will be considered a no-show. The session will be forfeited in full, and no refund or reschedule will be issued.
Photographer Discretion: The Photographer has sole discretion over the selection and editing of final images. Unused, unedited, or RAW files will not be provided, discussed, or made available under any circumstances.
Respectful Conduct: The Photographer reserves the right to terminate a session immediately and without refund if the Client or any participant engages in unsafe, threatening, or abusive behavior.

4. Weather, Illness, or Emergency

Sessions affected by severe weather, illness, or emergencies may be rescheduled at the Photographer’s discretion. In such cases, the retainer will transfer to the new date. If rescheduling is not possible, the Photographer’s liability is strictly limited to refunding any payments made, excluding the retainer.

5. Image Delivery, Editing, and Archival

Final, edited images will be delivered in an online gallery within 2–3 weeks of the session.
The Photographer will deliver only the final selected and edited images. No RAW, unedited, or additional images will be made available.
The Photographer guarantees delivery of at least [insert number] fully edited images per standard session. The actual number may vary depending on cooperation, conditions, and session duration.
Images will be available for download for 30 days. After this period, retrieval is not guaranteed. If retrieval is possible, a $50 archival fee will apply.
Editing includes standard adjustments (color, exposure, and light skin retouching). Additional retouching (e.g., body modifications, object removal) may be declined or may incur additional charges.

6. RAW Files (No Exceptions)

Under no circumstances will RAW (unedited) files be released, sold, licensed, or shared. This policy is final and non-negotiable. All images delivered to the Client are edited JPEGs in accordance with the Photographer’s artistic standards. The Client fully agrees that RAW files are the sole property of the Photographer and that any request for them will be categorically denied without discussion.

7. Copyright and Usage Rights

The Photographer retains full copyright and ownership of all images.
The Client receives a personal-use license to print, share, and display the images for non-commercial purposes only. This includes personal social media accounts, private photo albums, and personal websites with no commercial gain.
Clients may crop images for personal or social media use (e.g., Instagram), provided the overall integrity of the image is maintained. However, applying filters, altering colors, or making significant edits that misrepresent the Photographer’s original work is strictly prohibited.
The Client may not use images in conjunction with paid social media posts, sponsored content, collaborations, advertisements, or branded promotions without prior written permission and a commercial usage license.
Commercial use, resale, publication, or promotional use is strictly prohibited unless a separate written agreement is made in advance.

8. Model Release

The Client grants the Photographer full rights to use session images for promotional, portfolio, website, and social media use. If the Client does not consent to this usage, they must opt out in writing before the session. Otherwise, permission is presumed. A parent or guardian must sign on behalf of any minors photographed.

9. Liability and Safety

The Photographer is not responsible for injuries, loss, or damage that occur during the session, including but not limited to incidents caused by uneven terrain, environmental hazards, or client actions.
By signing this Agreement, the Client waives any and all claims against the Photographer for injuries or damages incurred during the session, even if such injuries or damages are caused by the Photographer's negligence, except in cases of gross negligence or intentional misconduct.
In the unlikely event of technical failure (e.g., corrupted files, lost data, equipment malfunction), the Photographer’s liability is strictly limited to a refund of the session fee.
The Client affirms they are at least 18 years of age and have the legal authority to enter into this Agreement.

10. Health and Communicable Illness

The Photographer may reschedule any session in the event of illness or exposure to contagious conditions. Clients must notify the Photographer immediately if anyone being photographed is sick or exposed to illness prior to the session.

11. Governing Law

This Agreement is governed by and enforceable under the laws of the State of Michigan. Any disputes shall be resolved exclusively in a Michigan court of competent jurisdiction.

12. Entire Agreement

This document represents the full and complete agreement between the Photographer and Client. No verbal, text, or email conversation will override these terms. Digital signatures, typed names, or checkbox acknowledgments made during online booking shall carry the same legal effect as handwritten signatures under the Michigan Uniform Electronic Transactions Act. No refunds will be issued once services have been rendered or digital images delivered, unless otherwise required by law. Any additional products or services (e.g., prints, albums, extra editing, travel fees) must be requested in advance and will be invoiced separately.

13. Severability

If any provision of this Agreement is found to be invalid or unenforceable, all remaining provisions shall remain in full effect.

14. Notice of Cancellation Rights for In-Home Bookings

If the Client books or signs this contract during an in-person visit by the Photographer to the Client’s residence or another non-business location, the Client has the legal right to cancel this Agreement within three business days of signing, without penalty. This clause complies with the Michigan Home Solicitation Sales Act. To cancel, the Client must notify the Photographer in writing within that timeframe.