Boykins Fine Photography

(614) 966-8400

BOYKINS FINE PHOTOGRAPHY POLICY

It is hard to imagine we would ever have to resort to implementing this rule but Boykins Fine Photography reserves the right to refuse services to anyone.

UNLESS OTHERWISE STATED OR SPECIAL PERMISSION WAS GIVEN TO THE CLIENT IN WRITING FROM BOYKINS FINE PHOTOGRAPHY, OUR SERVICES AND COPYRIGHTED IMAGES ARE STRICTLY FOR PERSONAL USE ONLY, ANY COMMERCIAL OR PROFESSIONAL USE WITHOUT SUCH PERMISSION IS STRICTLY PROHIBITED.

Client agrees and accepts terms and conditions as outlined in Boykins Fine Photography policy at the time of booking and with the deposit payment.

All rights of images taken remain with Boykins Fine Photography, the images are and always will be the property of Boykins Fine Photography, unless otherwise specified and agreed upon. Boykins Fine Photography reserves the right to use images taken to showcase their work on their website and or social media. Images will never be used in a derogatory or unprofessional manner.

All sales are final on all services rendered and delivered products, but not limited to sessions and orders, services and orders must be paid in full prior to Boykins Fine Photography starting post production (editing) of all selected images, images are not going to be edited and delivered until balance is paid in full (cleared).

SATISFACTION

Satisfaction is of the utmost importance to us, we strive to provide an unforgettable and positive experience, we want our client(s) to feel comfortable and relaxed during the entire process. Requests or suggestions about desired looks including hair and make up, wardrobe and or shooting locations are encouraged, so changes and or corrections can be made.

Any or all concerns by the client about wardrobe, hair and makeup, shooting location and so forth need to be addressed by the client before the actual shoot, any complaints after the shoot will not be considered.

Every photographer has his or her own way of shooting as well as editing images. Photography is a form of art and all art is subjective, therefore the client will trust Boykins Fine Photography with the outcome and final vision of all selected images. All images are shot, edited and finalized in the style of the photographer, as the images seen beforehand on the website. Therefore retouching of each selected image will be done in our editing style, although client is welcome to make a request or impose certain aspects of the final image(s).

PRICES

All prices listed in writing on the Boykins Fine Photography Investment page are subject to change without prior notice, changes can effect one or all packages, promotions, or special discounts.

SCHEDULING

We understand everyone has a busy schedule, clients may request their preferred time slot but although we would like to accommodate everyones desired date and time, shoots are scheduled on a first come first served basis, so date and time desired can not be guaranteed. Time slots will be discussed during the initial consultation, and we will try our best to assign slots as close as possible to the desired time frame if required time slot is not feasible.

PAYMENT, DEPOSIT, RESCHEDULING, CANCELLATIONS

A deposit is collected at the time of scheduling a photo session to secure a date and time.

All payments made to Boykins Fine Photography (Britta Boykins) for services, session fees, products are none-refundable.

Session may be rescheduled one time, rescheduling must be arranged 3 business days (72hrs) prior to session. An additional session fee will be required to book/reschedule a session a second time.

Sessions can be upgraded (with adequate prior notice), but never downgraded.

If a session is cancelled the deposit/session fee will not be refunded.

STYLING SERVICES

Although it is not required to utilize the hair and make up services, it is highly encouraged in order for the end result to have the best possible outcome. Boykins Fine Photography is not responsible for the outcome of images if hair and make up was not professionally applied.

All of our make up artists and hair stylists are licensed professionals. Any concerns about products used need to be addressed during consultation to avoid any type of adverse reactions to products and services used. Please provide us with any information pertaining to allergic reactions or sensitivity to products. Clients are welcome to bring their own products should they choose so for the make up artist to use instead.

DURING THE SESSION/CONDUCT

The Client, if the client is a child/minor the Parent/Guardian shall be responsible for the behavior of the subject/client during the styling or photo session. Boykins Fine Photography reserves the right to terminate the session without notice if the client’s behavior is deemed unsafe or unruly. In such circumstances, Boykins Fine Photography reserves the right to retain the full session fee. The client will reimburse Boykins Fine Photography for any loss or damages caused by the client to equipment and or property.

TIME FRAME FOR DELIVERY OF PRODUCTS

Images will be proof ready no less than three weeks but no more than four weeks after your session. Final (edited) images will be delivered no less than four weeks but no more than eight weeks after proofs are chosen and paid in full.

Delivery of products and services are provided by the photographer on a best effort basis. The photographer will use reasonable efforts to meet agreed upon deadlines where applicable.

The Photographer will not be liable for any delays in fulfilling any of the commitments due to causes past their sensible control, including however not restricted to: courier and or lab delays, natural disasters, acts of God, floods or fire, adverse weather, shut downs, government legislation, industrial or related actions, acts of war/terrorism and damage or loss in transit to it’s destination.

For all images delivered in electronic format (including but not limited to, gallery, memory stick, dropbox, electronic mail, CD’s, etc.), Boykins Fine Photography will endeavor that the files and or data sent are not corrupted and virus free. Boykins Fine Photography cannot be held liable for any harm, interruption and additionally loss of any sort that the said media might cause to the Client's PC or information. The Client consents to find comparative ways to ensure that any and all media sent to Boykins Fine Photography is not corrupt and virus free.

LOST OR DAMAGED PRODUCTS IN TRANSIT

We will not consider claims for damaged items during transit, non-delivery, or shortages unless we are notified in writing within seven business days of delivery. Boykins Fine Photography will make reasonable efforts to ensure that items shipped by a third party are adequately packaged for transit. We are not liable for incorrect addresses given by clients on their order forms we are also not liable for loss of product left at given address.

Boykins Fine Photography cannot accept liability for lost or damaged products caused by a third party.

For extra security and peace of mind the client has the option to purchase extra loss or damage insurance coverage for shipped items, which has to be requested in writing. Clients who opt not to purchase extra insurance coverage for shipped items do so at their own discretion and risk.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT

WAIVER

For the duration of the Portrait session, Britta Boykins and/or Boykins Fine Photography is not responsible for any injuries inflicted upon any participating parties. Clients will be responsible for their children and for themselves and release, waive, discharge, Britta Boykins, Boykins Fine Photography, heirs, spouse, next of kin, successors, equipment and services of Boykins Fine Photography, employees and/or volunteers, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and any one associated with ownership and/or management of location of photography and/or videography, from any and all claims including against their person or their business.

I HEREBY ASSUME ALL THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT/SHOOT, including by way of example and not limitation, any risk that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, photoshoot and have not been advised to not participate by a qualified medical professional. I certify that there are no health- related reasons or problems which prelude my participation in this activity/photoshoot.

I acknowledge that this Accident Waiver and Release of Liability Form will be used by Boykins Fine Photography, the event holders, sponsors, and organizers of the activity/photoshoot in which I may participate, and that it will govern my actions and responsibilities at said activity/photoshoot.

In consideration of my application and permitting me to participate in this activity/photoshoot, I hereby act for myself, me executers, administrators, heirs, next of kin, successors, and assigns as follows:

A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity/photoshoot, THE FOLLOWING ENTITIES OR PERSONS: Boykins Fine Photography, Britta Boykins,

heirs, spouse, next of kin, successors, employees and/or volunteers, representative, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and any one associated with ownership and/or management of location of photography and/or videography.

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this, and the above paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

I acknowledge that Boykins Fine Photography and their directors, officers, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owned and anyone associated with the ownership and/or management of location of photography and/or videography are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, conditions of participants, equipment, vehicular traffic, lack of hydration, wildlife, livestock, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.

I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity/photoshoot.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extend permissible under applicable law.

SEVERABILITY

The undersigned further agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by law, if any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability, all other terms hereof shall remain in full force and effect.

COPYRIGHT & PENALTY

Britta Boykins and Boykins Fine Photography retains all copyrights to all images created during client’s session. A print release will be given with digital files to print portraits for personal use. The print release does not allow publication of your portraits (i.e. entering contests, magazine submission, etc.), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Britta Boykins or Boykins Fine Photography during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographers current price $35.00 per digital file.

Note from Photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook/instagram page instead of right clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.

This contract shall be interpreted in accordance with the laws of the State of Ohio 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 Columbus in the State of Ohio.