To fund these high end luxury events for our clients, we spare no expense. That said, location is shared as we must book multiple clients through out each 12 hour day. No more than two clients are on set at a time, one in hair and makeup while the other is in session with Rachel. All locations have a seperate bedroom and sitting parlor. Please give Rachel the time she needs to do work your images. Her time is best served working your images, not replying to your emails about when you will get to see them. Rachel understands that everyone is excited to see their images but her workflow is only slowed down by numerous emails from clients inquiring about their images. She will not respond to these emails. You can expect your proofs three weeks from the Tuesday following your session (four for digital package clients). Thank you in advance for your understanding.
Order requirements are the same as the time the Client has purchased. Therefore, a $250 mini session will have a $250 order minimum. This assures that the time we spend with a client is a good investment of our time since all session fees go into funding the event and we survive on solely orders. Any discounts offered on session fees are not applied to order minimums (with the exception of our military discount).
Client Intake Forms
Clients may request their preferred time slot however slots are assigned in the order in which contracts come in and RSP will assign slots as close as possible to the desired time selected. RSP does not guarantee that all clients will get the time slot they request and all deposits and session fees are non refundable. Clients who do not submit their intake form agree that RSP may use their images in the showcasing of their work. Clients must submit a new client intake form to change their answer on how their images are used. Clients also forgo the hair and makeup consultation if a phone number where they can be reached has not been provided or they do not return the makeup artist's messages.
Makeup Artist Etiquette
We employ exceptionally talented hair & makeup artists who are working for us for a reduced fee so that your session fee remains affordable and because clients tip. That being said, for those who don't know the industry, tipping is appreciated. These events are high end and although the session fees remain affordable, we do ask that our clients be a lady and tip their makeup artist. To protect our makeup artists, clients who do not tip will not be welcome back to book with Rachel Stephens Photography.
Please be advised that while your makeup artists are personable people, they are employees of Rachel Stephens Photography and are hired to service clients at events. They are not permitted to add clients to any social networking platform such as Facebook, Myspace or Linkdin; they are not permitted to engage socially outside of events with clients or to field questions outside of hair and makeup with clients. If clients have questions or concerns they may not address them to the makeup artists as they are employed only to make you look and feel beautiful and are not trained for client correspondence outside of the realm of hair and makeup. All such calls should be directed to manager Sean 503.891.6529, if you need to speak with Rachel, just ask Sean to hand the phone over to her. Both are happy to speak with you at any time.
Sirens for Survivors clients qualify for one 90 minute session and an order credit of $250 provided that they comply with this policy and are required to tip their makeup artist a minimum of $50 or their proofs will be withheld until such time that it is sent. SFS clients who breach their contract are immediately liable for liquidated damages in the amount of their session fee and order credit plus a 25% collections surcharge. SFS clients are welcome to add a look for more time at their own expense however a order requirement of $295 will then be applied to the contract, therefore, the client's order will be at minimum $545, the $250 credit applied leaving the client liable for a $295 order requirement if they add a look.
Proofing Gallery:
Images are for viewing purposes only! Any reproduction or screen grab downloads are a direct violation of RSP policy and a violation of artist copyright and client contract! In other words, it is stealing, is illegal and not very nice! All violations will be prosecuted to the full extent of the law. In layman's terms: you may not copy images from your viewing gallery. You may not scan prints and post the copies online. If you want digital images to post online, you must purchase them. We police all online usage of Rachel's work and will prosecute all violations of policy.
Your proofing gallery expiration date is based on the date the proofing email was sent. It is Client's responsibility to schedule their time to accomodate proofing from their session. Rachel works hard to deliver on time and expects clients to order on time. Orders placed after the proofing period has expired will incur a one time 25% SERVICE FEE. Please understand that this is for workflow purposes. No exceptions!
Orders
Clients must include proper Order Notes by numbered list following Product Policy instructions or Rachel will design all product orders carte blanche with default design procedure. This includes image arrangement for books, canvas wrap cropping and horizontal book overlay formatting to preserve image from crease lining down the face. Images will be cropped to fit order sizes as Rachel sees most artistically pleasing. Disatisfaction with product may be open to negotation for replacement if client covers all costs for reproduction, lab and shipping unless there was a mistake with lab production. In that case, the lab will replace it. Books are subject to discoloration at the creases over time. The pano pages are made by folding a print in half. This damages the emulsion and discoloration will occur over time. Book samples shown at time of session are true examples of wear and tear over time.
US FEDERAL COPYRIGHT
IT IS ILLEGAL REPRODUCE THE COPYRIGHTED WORK OF AN ARTIST. YOU MAY NOT SCAN OR PHOTOGRAPH YOUR PRODUCT OR COPY, SCREEN GRAB OR PHOTOGRAPH IMAGES FROM YOUR PROOFING GALLERY. VIOLATORS WILL BE CHARGED THE VALUE OF THE DIGITAL IMAGE/S BEING POSTED. *We love that you want to share your images online but you must purchase them like everyone else.*
All web usage of our work is strictly monitored. Any professional use of images we created for a personal use Sirens session will be submitted to our attorney for a cease and desist and notice to the website hosting service to remove the website for unauthorized us of our copyrighted work.
Future Orders:
All clients are welcome to submit future orders once they have already placed their original orders. Future orders are priced at the current price list rate. Gallery uploads are uploaded for (7) seven days and are free of charge. Clients who do not submit an order after their gallery has expired will be charged a $50 service fee for the gallery. If no credit card is on file, we will submit the past due account to a debt collections service.
Session Client Ettiquette
Clients recieve a list of Dos and Donts with their confirmation email which ensures that events run smoothly. It takes just one client to severly throw off the schedule for an entire day so to protect everyone involved we do provide guidelines for every client follow so that the only thing Rachel has to focus on is taking great images of her clients.
Payment, Deposit, Cancellation, Rescheduling and Liquidated Damages:
All payments made to Rachel Stephens Photography for session fees, deposits, services and product are non-refundable. Sessions may be upgraded but never downgraded. If you pay by personal check or on a payment plan, Rachel will not begin post production on your order until the payment has been paid in full and has cleared. Deposits to hold your place on a waiting list for an upcoming tour are accepted. The balance is due in full two and a half weeks before client's session (balances are run on Wednesdays).
Making Sirens tour events happen is a major production consisting of securing travel, transporting gear, securing location, and securing the time and travel of the makeup and hair artist. Rachel has to prepay all of this and therefore, since this is done months in advance and is non-refundable to her, Rachel must keep a very strict policy on cancellations and rescheduling. Once you have submitted your payment of deposit or the session amount in full, there are no refunds. No cancellations. However, you may reschedule. Rescheduling must be arranged in writing 4 weeks prior to the session event date and are good for any future tour locations within one calendar year. Reschedules are only permitted once.
In the event we are able to sell your spot without offering a discount tio
Sessions are transferable. If your request to reschedule the scheduled session is made with less than 4 weeks notice before your scheduled session, liquidated damages in the amount of your session fee and your order requirement will be charged. An additional session fee will be required to book a new session.
If you are late to your scheduled session, the time that you are late will be deducted from your session. If you are late more than a half hour, your session is forfeited and your session and order requirement will be charged as liquidated damages. If you cancel your scheduled session, liquidated damages in the amount of your session fee and your order minimum will be charged. No exceptions.
If you are traveling for your session, Rachel recommends booking your session and securing it with payment before booking your airfare and hotel. Sessions cannot be held and are only secured on her calendar with payment. Without a secured booking, Rachel's schedule may change and she only schedules her calendar around paid clients. Rachel is not responsible for any fees associated with airline or hotel schedule changes. Please fly in the day before your session, refinds/reschedules will not be given due to same day flight cancelations/delays.
Delivery
Please allow two months for design from the date your order was paid in full and up to another week for lab production and shipping of product. Rush orders are available for a 50% service fee of the entire order amount or $250 whichever is greater. Rachel reserves the right to refuse rush services to anyone.
Satisfaction
Your satisfaction is of utmost importance to Rachel but all art is subjective. All images will be edited with Rachel's professional artistic vision, and, by choosing her as your photographer, you choose the style of her work and trust her judgment through the creative process. If there are special editing requests beyond what the sample teaser image, she is happy to fulfill any special instruction orders for additional retouching at a rate of $75 per image. No charge for cropping, black and white or other color toning conversions. Rachel reserves the right to refuse additional services to anyone. Clients may expect the quality of product that they saw during their session. Lay flat pages of books will deliver stiff as they are brand new off the press. They will relax and look like the book viewed at your session once it has been worked in. All sales are final. Hair and makeup services are included with all sessions and Rachel works with the same makeup artists who have contributed to the work showcased on the RSP website. It is the client's responsibility to voice any issues she may have with the hair or makeup prior to be photographed so that the makeup artist can make any necessary adjustments.
Sizes and Color Matching
While every effort is made to meet the Client's requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer if accurate sizing is critical. Images are cropped to fit product sized chosen by Client. In the event the Client does not want to lose any of the image in cropping, arrangements may be made with RSP to suit her needs. Any dissatisfaction with cropping will be subject to Client covering our cost for lab and shipping on replacement images. Due to limitations of materials and processes, it is not possible to guarantee 100% color matching. However, Rachel will endeavor to provide the closest possible match. All print orders will be cropped to fit order. If proof dimensions are desired for prints, please order the longer dimension print sizes.
Delivery Shortages, Loss, and Damage in Transit
Claims for damage, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery. We are not liable for incorrect addresses given by clients on their order forms nor are we liable for loss of product left at given address. We cannot ask the shipper to require a signature for packages therefore please give an address that is safe for delivery drop off. Clients may opt to have orders sent to their local Fedex/UPS store for pick up.
The Photographer will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
Confidentiality
The Photographer acknowledges that in the performance of the photographic services, she may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to make best efforts to keep this information confidential except as required by law.
Venue
This contract shall be interpreted in accordance with the laws of the State of Oregon without regard to any conflicts.
All claims, disputes, and lawsuits arising out of or in connection with this Contract shall be resolved or adjudicated in the city of Portland in the State of Oregon.
Conduct
The Client shall be responsible for the behavior of Client during portraiture session. The Photographer reserves the right to terminate the portraiture session without notice if she deems the Client's behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to retain the full session fee. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best efforts basis. The Photographer shall use reasonable efforts to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of her obligations that were due to causes beyond her 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.
Prices & Terms
a. All prices shown within the Photographer's price list are subject to change without prior notice. Print price changes will affect packages offered in seasonal promotions to reflect new pricing in total value of packages offered.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Rush Services
The Photographer reserves the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
Images/data supplied in electronic format
For all images/data supplied to the Client in electronic format (including, but not limited to, electronic mail, CDs/DVDs, etc.), the Photographer will endeavor to ensure that the data sent is not corrupt and is virus free. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client's computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
For all private, extended and destination sessions, Client is responsible for location. Destination session clients are responsible for Rachel’s travel, hotel accomodations (preferably in the hotel the session will take place), car service from airport to hotel and back to airport from hotel, rental of lighting equipment for international destination, her day rate (minimum of 2 days), and a makeup and hair artist is contracted seperately through the artist herself. Rachel is happy to work with any makeup artist but prefers to work with her own contractors. Referrals available upon request.
Copyright and Ownership
a. In accordance with the United States Copyright Laws, the copyright of all images created by the
Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to make prints, reprints, copies, or digital duplications of any images created by the photographer.
b. Reproduction rights (if and when granted) are strictly limited to the uses specified on the Photographer's invoice. Any license is granted to the Client only upon payment in full of the amount due pursuant to the Photographer's payment terms.
c. Client may never purchase the copyright of images created by the Photographer.
d. In instances where the Client requests copies of images that the Client has supplied from another photographer, all work is undertaken on the assumption that the Client has obtained written permission from the copyright holder for copies to be made. The Photographer may contact the copyright holder to confirm that authorization to copy the images has been given. The Client agrees to fully indemnify the Photographer for claims or damages or any costs arising from claims for copyright infringement made by a third party.
e. By paying for a portraiture session, Client grants to Rachel Stephens Photography, its assignees, licensees, legal representatives and transferees ["Rachel Stephens Photography"] the right to use Client's name and likeness for promotional purposes of Rachel Stephens Photography. Client irrevocably authorizes Rachel Stephens Photography to use and publish photographs, pictures, portraits or images in which the Client appears ["Photographs"] in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, and publishing (including publishing in electronic form), for lawful uses as may be determined by the Rachel Stephens Photography. Client waives all rights to review or approve any uses of the Photographs unless specific opt out of use of images is noted on Client Intake Form.
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Rachel Stephens Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Rachel Stephens Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Rachel Stephens Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
Assumption of Risks: This use of Rachel Stephens Photography’s property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Rachel Stephens Photography purchases space in hotels and studios for location sets and is not associated with these locations in any way. I have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Rachel Stephens Photography. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Rachel Stephens Photography, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result of my involvement in a portrait session with Rachel Stephens Photography, and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Rachel Stephens Photography. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Rachel reserves the right under the federal copyright law to use images she creates to promote her business and if you prefer not to participate, please indicate such on Client Intake Form. |
