Terms & Conditions
All Sales are FINAL. No refunds.
Once an ordering session has taken place, and final payment has been made, physical product will be delivered and/or high-resolution files sized to the product size will be delivered via the Supplier’s preferred shipping method.
The photographs (film negatives, digital negatives, and prints) produced by Steph Pate Photo are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17) (all rights reserved) and may not be reproduced in any manner without Steph Pate Photo’s explicit written permission.
Upon final payment, limited usage rights of the resulting images will be given under the following conditions: Granting of Rights: Steph Pate Photo hereby grants the following rights to use the Images for personal use. Photographer grants a limited usage license to make copies, use on social media platforms. You shall not transfer, license, sell, lease, or otherwise confer either permanently or temporarily any reproduction rights to any images to any third-party. Additional usage requires additional compensation. You may not distort,manipulate,reconfigure,mimic, animate, create derivative works or extract portions or in any manner, alter the final edited digital images. You shall credit Steph Pate Photo to any images posted by the you. Violations of this federal law will be subject to its civil and criminal penalties. Photographer reserves the right to use any images created under this Agreement for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
This grant of rights includes electronic rights, unless specified to the contrary here. Electronic rights granted shall be subject to the usage restrictions shown above. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DY media, computer databases, and network servers.
You are obtaining photographs for personal use only, and shall not sell said prints or authorize any reproductions by parties other than the Photographer. Prints for publication (such as editorial, public relations, or advertising use) require written consent from the Photographer. The Client is obtaining prints and digital images for personal use only including non-commercial web sites, and shall not sell said prints or authorize any reproductions (in any viewable format or media) thereof by parties other than SPP. If any images are published (on the web or any other media), proper photo credit such as "© Photo by Steph Pate Photo" or " http://www.stephpate.com " is required (Instagram: @steph_patephoto FaceBook: Steph Pate Photo).
If Client is obtaining a print for newspaper announcement of the session, the SPP authorizes Client to reproduce the print in the above manner. Client is not allowed (particularly when posting online) to further edit, change, apply filters or any other tool to alter the appearance of the photographs delivered to them.
** By using any of these images you are agreeing to the above terms.
Steph Pate Photo will choose the best images from your session, original files will not be shared under any circumstances. Photographer retains the right to omit any image judged to be undesirable.
Client has spent a satisfactory amount of time reviewing Photographer’s work and have a reasonable expectation that the images delivered will be in a similar manner and style as indicated on Photographer’s website, social media, and galleries. Client understands and agrees that (1) Photography is a subjective art and Photographer has a unique vision, with an ever-evolving style and technique; (2) Photographer shall have final say regarding the aesthetic judgment and artistic quality of the images; (3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
PROFESSIONAL IMAGE MANIPULATION: Extra editing (beyond the scope listed in this contract) may be ordered at the following rates: · Additional Image Manipulation: $35.00 per digital image or $100.00 per film image. Please note that these prices and options are subject to change without any prior notice. Also, images are edited according to the photographer's discretion and will not include all images taken. Steph Pate Photo reserves the right to choose, edit, retouch, and deliver only those shots deemed within the scope of the photographer's artistic standards. Steph Pate Photo will only process images chosen by SPP, in a manner chosen by SPP. This includes choosing final images according to photographer’s standard (of focus, sharpness and exposure,) color-balancing and correction of tone and cast only. Gallery upload for ordering takes approximately 3-7 days. Creation of any product takes two to five weeks after the time that the fully-edited pictures approvals, layout approval, or print order are returned back to Steph Pate Photo.
(In plain English: Good things take time. Be patient. We like to overestimate the time it’ll take for turnaround and then look like miracle workers if we get it delivered far earlier, so don’t sweat too much about delivery time. We're nearly always early.)
METHOD OF PAYMENT: Payment may be made via Credit Cards, For Sessions: Paypal, Venmo also.
SALES TAX: Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Photographer. All sales tax will be included on invoices.
LIMIT OF LIABILITY: Steph Pate Photo warrants and declares that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural, unnatural, family, or other unforeseen emergencies, it may be necessary to refund your order entirely. Steph Pate Photo takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Steph Pate Photo’s control, the latter’s liability is limited to the return of all payments received for the order. The limit of liability shall not exceed the price stated herein.
This Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a court of competent jurisdiction located in San Diego,Ca. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
***All images are copyrighted to and remain the property of Stephanie Pate***