Updated: October 2, 2021
Misha Dumov, Tacoma Headshots Owner and Lead Photographer, and
Mihael Blikshteyn Photography LLC dba Tacoma Headshots, and
Its agents, employees and subcontractors
Session Fee & Deposit
The client shall pay a 50% deposit at the time of booking. The deposit reserves the Photographer for 30 minutes at the date, time and location specified in the booking, which is agreed upon by both parties. The deposit will be applied towards the total fee.
The Client shall pay the remainder of the session fee, in full, before final photos are released to the client. The remainder of the session fee is collected when the Client chooses the final photos from a gallery of preview photos. The remainder of the session fee is due no later than 7 days after the session.
Failure to pay the remainder of the session fee within 7 days of the receipt of the invoice will result in late fees. The late fee is $25 per day for every day the invoice is past due, and will be added to the original invoice balance.
Cancellation & Rescheduling
If the Client requests to cancel the booking at least 3 business days before the session, the deposit will be refunded minus any accrued session expenses. Examples of such expenses are venue rental, props for the shoot and rental of specialized equipment. Any such expenses would be discussed and approved by Client at the time of booking.
For outdoor shoots, the weather doesn’t always cooperate. If we are unable to do the headshot session due to weather, the session will be rescheduled.
We are unable to fill sessions on short notice. Therefore, if the Client cancels or reschedules the booking less than 3 business days before the session, the deposit shall be forfeited.
Late Arrival & No-Show
To keep everyone’s session on schedule, the Client’s session will end 30 minutes after the scheduled session start time, even if the Client arrives late. We strongly encourage our Clients to arrive 10 minutes before the session start time to allow time to find us, park, fix the wardrobe and take a breather before the shoot. Our sessions start and end on scheduled time. Client who is late to the session will have that amount of time deducted from the allotted session time.
It takes up to 10 minutes for the Client to collect themselves before the session, and for the Photographer to fine-tune the exposure, which leaves 20 minutes for actual photography. If the Client arrives more than 10 minutes late, the Photographer will not have enough time to make the photos that the Client would be happy with and that are up to our standard of excellence. Therefore, if the Client is more than 10 minutes late or fails to show up, the session will be considered cancelled and the deposit shall be forfeited.
Copyright & Image Use
The Photographer shall own the copyright to all images created and shall have the exclusive right to make reproductions for marketing, portfolio, sample products and display on the Photographer’s website, social media and in print. The Photographer might choose to share images on his social media and the internet for promotional purposes. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
The Photographer retains the right of discretion in selecting the photographs released to the client.
The Client may use the digital or printed images to promote themselves or their business(es) on the internet and in print, in perpetuity.
Failure to Perform
If the Photographer is unable to perform this agreement due to illness, emergency, force majeure or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule cannot be agreed upon, Photographer shall refund the deposit to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographs due to technological malfunctions, including, but not limited, to camera and processing, or loss or damage without fault of the Photographer, liability shall be limited to the refund of the session fee. This provision specifically disclaims all additional liability including, but not limited to, incidental, special, and consequential damages as permitted by Washington state law.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer’s liability is limited to the return of all payments received for the headshot session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. The Client bears sole responsibility upon final delivery.
The Photographer reserves the right to terminate coverage and leave the location if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event or in the event that the safety of the Photographer is in question.
Post Production and Editing
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.