TERMS OF USE
IMPORTANT INFORMATION — PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the Faery By Mary photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at faerybymary.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Faery By Mary photography.
“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Faery By Mary photography. All such Products are the intellectual property of and are owned by Faery By Mary photography.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Faery By Mary photography’ Products immediately.
Understand that by using the Site, any Products, services, or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
INTELLECTUAL PROPERTY LICENSE:
Faery By Mary photography owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions, therefore; © all things otherwise provided to you as a part of Faery By Mary photography services, and; (d) any other intellectual property rights afforded to Faery By Mary photography, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Faery By Mary photography does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon Faery By Mary photography’ Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Faery By Mary photography will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, Faery By Mary photography grants you a non-exclusive, non-transferable license to download, view and print the PRODUCTS you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Faery By Mary photography is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Faery By Mary photography will not reimburse you for such downloads. Faery By Mary photography will, one time, at your request, send a 24-hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Faery By Mary photography.
CONTACT:
By using the Site and entering personal information, you give Faery By Mary photography permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Faery By Mary photography know by emailing us at faerybymaryph@gmail.com and we will kindly refrain from doing so.
NO REFUNDS/RETURN POLICY:
All fees are non-refundable if the Session is canceled or changed for any reason. Fees, once paid, are non-refundable as well.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
NO GUARANTEED RESULTS:
Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.
CANCELLATIONS/RESCHEDULING:
Cancellation: If the Client requests to amend or cancel this Contract five (5) or more calendar days before the agreed upon photographic event date, the booking fee shall be applied to a mutually agreed upon rescheduled date. If the Client cancels or fails to show, two (2) or less calendar days before the agreed-upon photographic event date, the booking fee shall be forfeited and a new booking fee will be required to hold a new date.
Rescheduling: In the event that the Client requests to reschedule a photographic event, the booking fee shall be applied to a rescheduled event if notice is given at least twenty-four (24) hours prior to the scheduled event. Reschedule to be scheduled as soon as possible, within a maximum of six (6) months. The date can only be rescheduled once.
For special/seasonal photo sessions and offers, rescheduling the date is possible only if the photographer has free time. Otherwise, the photo shoot will be considered canceled. Booking fees will not be refunded.
TIMELINESS/ATTENDANCE:
Please be on time. Client agrees and understands that the start time agreed upon is the time the session begins. If Clients are late for any reason, this time is deducted from their session (Client loses this time). If Clients are more than 30 minutes late and didn’t show up notifying the Photographer about this, Photographer has the right to leave and the booking fee will not be refunded or moved to another date. If the Client wants to reschedule after the Photographer has left, they must pay an additional booking fee. If Photographer is late, the time she is late will be added to the session. If Clients decide to leave 30 minutes after the start of the session and waiting for the Photographer, Photographer will either refund the booking fee or move the date without an additional booking fee being necessary.
The client may extend the time of the photo session if the photographer is free; each additional hour will be subject to package fees listed on the website www.faerybymary.com/prices.
If the Client is creating a toxic environment or being rude, Photographer has a right to stop the shoot and charge the package fee.
ADDITIONAL FEES
The client is responsible for covering additional fees and costs related to location choice (transportation, parking, admission/permit fees, photo studios, airfare, hotel, expenses etc). If the Client wishes a Photographer to participate in any activities, Client will need to cover their fees as well.
Any additional goods or services not included in this photography Contract will be sold at then-current rates. Photographer makes no pricing guarantees outside the terms of this Contract, and Client acknowledges that prices for additional goods or services are subject to change suddenly and without notice.
LIMIT OF LIABILITY:
If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return booking fee to the Client (s) but shall have no further liability with respect to this Agreement. Photographer will also return all fees, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. In no event, regardless of the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this Agreement.
COPYRIGHT& RESTRICTIONS ON USE OF PHOTOGRAPHY
Please make sure to credit Photographer @faerybymary when posting images online (on social media, blogs, etc). If you submit any images to magazines, websites, etc., the photos must be credited to “Photographer: Maria Vorpaev” or “@faerybymary”. Failure to do so is a copyright infringement. You are especially not to submit altered files to any of the above.
All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of the Photographer.
Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing, or studio purpose.
• Client shall not post physically or in digital form, including on any social media website, blog, or application, any of Photographer’s photos without attributing
Photographer.
INTELLECTUAL PROPERTY RIGHTS & RELEASE
All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client. Otherwise, you can ask to make your photograph confidential, read about the conditions “CONFIDENTIALITY OF PHOTOGRAPHY”.
ADDITIONAL FEES:
The client is responsible for covering additional fees and costs related to location choice (transportation, parking, admission fees, photo studios, etc). If the Client wishes a Photographer to participate in any activities, Client will need to cover their fees as well.
PERMITTED USES OF PRODUCT (S)
Photographer grants to Client a non-exclusive license of the product (s) produced with and for Client for personal use only so long as Client provides Photographer with attribution each time Client uses Photographer’s property. Personal use includes, but is not limited to, use within the following contexts:
- In photos on Client’s personal social media pages or profiles; or
- In personal creations, such as a scrapbook or personal gift; or
- In personal communications, such as a family newsletter or email, or holiday card.
MODEL RELEASE
This photography Contract serves as a model release. This grants Photographer the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes. Client waives the right to inspect any images produce using the images or footage from the events in this Contract, and the right to restrict the use of the images or footage from the listed events by the Photographer.
INDEPENDENT CONTRACTOR
The Client and Photographer specifically agree that the Photographer is performing the services as an independent contractor and is not an employee of Client. Nothing in this Contract shall be construed as creating an employer-employee relationship. Client further agrees to be responsible for all of his/her own national internal revenue and local taxes, withholding, social security, insurance, and all other benefits.
RESPONSIBILITIES
Photographer will be the sole and exclusive photographer for the above-listed photo shoot. Client agrees to prevent any other photographers or videographers at the shoot listed in this Contract from interfering with the Photographer’s performance of their duties. This includes guests and other amateur photographers or videographers. Photographer will not be held liable for compromised event coverage due to interference from other parties, including interfering with traffic in public spaces. Likewise, Photographer is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops.
Client agrees to confirm the event’s date, time, and location no later than 24 hours prior to the Shoot Date.
THE PROCESS OF GETTING PHOTOS/TURNAROUND TIME
The Client receives all original unprocessed digital JPEG files in compressed resolution within 72 hours after the end of the session and full payment of the balance via an online link. Photos will not be delivered until full payment has been made.
After the Client (s) chooses the photos to be edited, Client (s) is/are obliged to inform the Photographer about this. The number of edited photos depends on the selected photo package.
The Photographer undertakes to send the edited images during 1-6 weeks (during busy months *depending on photoshoot type) so please make sure you book in plenty of advance notice if you are having pictures made for special circumstances.
All edited images will be sent to the Client via an online link digitally and the download time is limited to 3 months, after which the photos will be automatically deleted.
The client can order the service of extension or restoration of files listed on the website www.faerybymary.com/additional-services
IMAGE PROCESSING
Photographer will perform limited editing and enhancing prior to delivering any electronic copies of images to Client. Photo selection is at the discretion of the clients or photographer if the Client requires so. Editing and Enhancing are final and not subject to any revision. Editing/Enhancing shall mean: culling photos, color and/or light correction, stylizing, straightening/cropping, and temporary skin imperfections (i.e. pimples). If the Client has a specific request for an editing style, the Client must ask this before the day of the photo session.
Retouching and deep retouching shall be subject to an additional charge of $20 per photo.
The Client can order extra photo editing or retouching services listed on the website www.faerybymary.com/additional-services.
Photographer is not responsible for the printed copies of images delivered to Client as electronic files.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT:
Project
The Client (s) expressly agree (s) to take best efforts to provide Photographer and Photographer’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Photographer or a bystander to present a threat or implied threat of injury or harm to Photographer staff or equipment, the Photographer reserves the right to cancel all services remaining under this Contract and leave the event. At the Photographer’s discretion, the Photographer may enact a three-strike policy. After the first offense, the Photographer will make reasonable efforts to notify the Client (s) or a responsible party. If the Client (s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Photographer shall resume work in accordance with the original terms of this Contract. If the threatening behavior occurs for a second time, the Client (s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Photographer] will immediately leave the event. If the Photographerleaves the event early due to any offending behavior, the Client (s) expressly agree to relieve and hold Photographerharmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer’s work, and the Client (s) shall be responsible for payment in full.
Non Project
The Client (s) expressly agree (s) to take best efforts to provide Photographer and Photographer’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Photographer staff, Photographer will make reasonable efforts to notify the Client (s). If the Client (s) is/are able to respond to the threatening situation in a reasonable amount of time, Photographer shall resume work in accordance with the original terms of this Contract. If the inappropriate behavior continues, the Client (s) will agree to relieve and hold Photographer harmless as a result of incomplete services under this Contract, or for a lapse in the quality of the Photographer’s work. The Client (s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Photographer resumes work detailed in this Contract.
Health & Safety
Client (s) further understand that Photographer complies with all health and safety laws, directives, and rules and regulations. Client (s) expressly agree (s) that during the [event/wedding/session] Client (s) and Client (s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photographer reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. Photographer shall be entitled to retain all monies paid and Client (s) agree to relieve and hold Photographer harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer’s work.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of NY. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of New York, NY. Faery By Mary photography reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Faery By Mary photography Products, Materials and services.
Any questions regarding the above Terms may be directed to: faerybymaryph@gmail.com