Terms And Conditions With Tracy Yapp Photography/ Pure Skin Studios
“The Photographer” is Tracy Yapp. “The Client” is 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.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The content and images used on this website are the property of and copyright by Tracy Yapp Photography/Pure Skin Studios. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Tracy Yapp Photography and/or the creator of the work.
For all non-account Clients, payment for all products and services provided by the Photographer must be fully made upon completion of the assignment.
For authorized account holders, payment of the Photographer’s invoice must be made within 10 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 10 days.
A deposit of 50% of the total amount must be made at the time of booking and Total balance the day of the photo shoot. Deposits are non-refundable nor transferbale to other states or projects.
The photographer reserves the right to charge interest on all overdue invoices at a rate of 15%
All Photo Retouches services must be paid in full to commence work
No refunds are granted to client after work commence.
Payment may be made by Paypal, Visa, MasterCard, American Express, Western Union, Money Order or cash.
Booking Fee or Deposit:
A 50% deposit is required at the time of booking. This booking fee is non-refundable, and will be part of your final payment. Deposits are non-refundable nor transferable to other states.
Retention of Title:
The Photographer reserves the right to retain all of the 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 will also be revoked until payment has been made.
Payment for services is due upon completion of the work.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced and payment is due. Payment can be made by cash, credit card, money order or western union or other means agreed prior to the shoot.
If a deposit was taken prior to the work, the amount of that deposit will be shown as a credit on the invoice.
All packages include phone consultations
All bookings must be done at least 3-5 weeks prior to shooting date
Look means change in clothing, make-up or hair. Set stands for change in props, setting, background or location (within surroundings)
All selected images prepared at proper resolution for your personal website.
Add Ons: Hair and Makeup · Wardrobe and Jewelry · Luxury/Exotic cars · Yachts · Private Jets · Luxury homes · Personal wardrobe stylist · Beach shoots · Websites
Cancellations made within 48 hours to the session date and time will result in the loss of the deposit charged and a re-booking fee will be added to the final balance. For cancellations with 10 days or more notice the deposit will stay available with the Photographer as credit for 1 month from the day of booking, in other words from when the deposit payment was made. In the event of long postponement the Client might be affected by rate changes and a re-booking fee in the city where the original deposit was intended will be added to the final balance. Deposits are non-refundable nor transferable to other states.
Cancellations of photo sessions booked outside of the Photographer’s State will result in the loss of deposit.
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer
(e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief etc). If the work cannot be completed within the agreed amount of time, Tracy Yapp Photography and the client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: if a photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the photographer or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to the client. The client will receive all work product following payment.
Completion of the work:
Work is complete when the photo session is over and photographer provides the client with agreed material purchased. This includes a Drop Box folder or an emailed folder with all images, access to a web gallery, and or photo retouches containing all of the RAW or JPEG images photographed on behalf of the client. A web based gallery in Drop Box of images taken for you will be created for the approval purposes. And all the RAW and/or JPEG images will be provided to you at the end of your scheduled shoot. Access to web galleries is restricted to clients only. Images may not be copied from the web gallery or used in any form, without express written permission.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees for the photo session, staff time and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
All proofed images from the session are archived for a period of 6 months, but orders received after your ordering session are subject to an un-archiving fee and delivery. Please understand that this is for workflow purposes. If for any reason the minimum photo order is not met at your original ordering session, Tracy Yapp Photography has no obligation to archive any files from the session.
Photo orders are not delivered until payment has been received in full.
All images remain the property of Tracy Yapp Photography and are protected by federal copyright laws. Copying of any kind without permission is strictly prohibited. Images may not be reproduced for any reason without the express written permission of Tracy Yapp. This includes, but is not limited to, photo retouching, scanning, copying or downloading an online, digital or printed file for any use whatsoever. Any unauthorized duplication or publication will be prosecuted to the fullest extent of the law.
Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Tracy Yapp Photography/Pure Skin Studios retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, photo retouching, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. All photo services such as Photo Retouching/ airbrushing, color correcting, photo manipulation etc.. will only be done by Tracy Yapp Photography and not sourced out by a third-party by client. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay Tracy Yapp Photography for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by Tracy Yapp Photography, the magazine pays you for the image. You owe Tracy Yapp Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from Tracy Yapp Photography to a commercial web-site for sale to the public or for other financial gain. You owe Tracy Yapp Photography 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. The Pure Skin logo would be placed near or on the image, and notification of use is communicated to Tracy Yapp Photography. The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Tracy Yapp Photography. By sending your deposit for booking, you agree to these terms, and agree to indemnify and hold harmless Tracy Yapp Photography.