Mini Session General Terms of Service:

By entering this agreement, Client gives The Photographer the irrevocable right to use any portraits, all photographs from the event and/or session, and/or client’s name (or any other name), in all forms in all media and in all manners, without any restriction for advertising, trade, promotion, exhibition, or any other lawful purpose - without client consent/or approval of final product.

The Photographer retains copyrights of all photographs, even after delivery of product, and client waives any claims based on the usage of the photographs or works derived there from, including but not limited to, claims for invasion of privacy.

Client has printing rights for personal use only.

Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the Event, which vision may be different from the Client’s and /or the Subject’s vision of the Event. Accordingly, Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or aesthetic criteria.

Warranty Disclaimer: This is a contract for services of The Photographer and as such, The Photographer hereby disclaims all warranties with respect to the final product of photos containing certain shots, specially requested images, images or certain people or things. The Photographer is under no obligation to attempt to reshoot any photos outside of the time allotted for the Event. The Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to lateness of the client, weather conditions, scheduling complications due to lateness of other individuals, rules and restrictions of the location. It is acknowledged that any lists submitted to The Photographer will be used for organizational purposes only and in no way represents photography that may actually be produced. Photographer will use reasonable efforts to fulfill all requests but can make no guarantees requested images will be delivered due to the limited and subjective nature.

Estimated delivery of photos is approximately 3 weeks after session date. Estimated delivery on additional services will be given at time of order. To request expedited 1 week delivery, a fee of $250 will be added to final invoice.

The online gallery will be provided for download and will be available for 7 days. The gallery can be extended for an additional $10 per month and reposted for $50. Digital files may be purchased a la carte through the gallery. All orders must be completed within 12 months of the scheduled photography session(s), as there are no guarantees to the availability of products after. If available, a $200 archival fee will be required with orders after 12 months.

The photographer will put forth his/her best efforts to cover all major activities at each event, but is not responsible for missing an event or a person involved and shall have no monetary liability for failure to cover event or person.

Any color photo may be turned black and white, but any black and white photo cannot be turned to color.

Failure to perform: if the photographer cannot perform this agreement due to fire, casualty, act of God, or other cause beyond the control of the photographer, then the photographer shall return the deposit to the client, but shall have no further liability with the respect to the agreement. This limitation on liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera malfunction, lost in shipping, or otherwise lost or damaged. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the package in this agreement.

Agreement to arbitrate: the client and Emily Cummings Photography agree to submit any dispute arising under this agreement to binding arbitration in accordance with the rules of the Better Business Bureau. The arbitrator’s decision will be final and binding on both you and us. Neither of us will be able to go to court for disputes that must be arbitrated.

If any part of this agreement is deemed not enforceable, the remainder of this agreement shall continue in full force and effect and the part deemed not enforceable shall be changed to the least extent necessary to make it enforceable.