TERMS AND AGREEMENT

The terms, agreement and prices are legally binding between Chicago Senior Pictures (aka David McNaney Photography) (“photographer”, “studio” ) and the client.

RETAINER PAYMENT
The full photoshoot fee is required to retain Chicago Senior Pictures’ services specified herein and to secure your session date. The Client understands that by entering into this agreement, the Photographer (Studio) is foregoing other photography jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the retainers paid are non-refundable. Retainers are only transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated and considered for emergencies and/or illness.

OTHER FEES
Client agrees to pay fees that may be incurred for their session, including but not limited to location/venue photography fee, park permit or entrance fee. Client is also responsible for any parking costs associated with their vehicle.

RESCHEDULING
In the event the client cannot attend their scheduled session, Chicago Senior Pictures allows one re-schedule and the non-refundable retainer will transfer. The photographer must be notified of any changes to the date or time of the session no later than 48 hours prior to the session date.

If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

CANCELLATION/NO SHOWS
If the client cancels the contract prior to the session date or fails to show up for their session for any reason, all monies paid shall be retained by Chicago Senior Pictures in order to offset its loss of business.

CREATIVE LICENSE
Images are edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer will remove any duplicate images or any images that do not meet the photographer’s quality of work. There is no guaranteed minimum number of images for presentation. It is at the photographer’s sole discretion as to which images will be presented and which images will be deemed unsuitable for presentation and deleted during the culling process. The photographer reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards.

RETOUCHING
Basic retouching (e.g. color correction, skin toning, spotting, blemishes) is included. Any additional retouching requested by the client will be billed at $100 per image.

PRICES
Prices are subject to applicable sales taxes.

RECEIPT OF PRODUCTS
Chicago Senior Pictures provides custom hand-crafted folio albums, wall art and digital image files. Digital image files are fully retouched in JPG format. RAW and/or unedited files will not be released under any circumstances.

DIGITAL IMAGES
You understand and acknowledge that your digital images in your online gallery are accessible to the public and could be accessed, downloaded, screen captured, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.

Chicago Senior Pictures uses reasonable measures to protect your gallery. We cannot guarantee absolute security of your gallery, your images and that our security measures will prevent third party “hackers” from illegally accessing your gallery. Chicago Senior Pictures is not responsible or liable for any third party access. You agree to immediately notify David McNaney Photography of any unauthorized use of your gallery, and you accept all risks of unauthorized access.

REFUND POLICY
All products are hand-crafted, custom made with our artist’s decorative touch. All sales are FINAL.

IMAGE STORAGE
Chicago Senior Pictures will store and back up your images electronically for one year in case re-orders or additional purchases are requested. After the one year, they will be deleted to release storage space.

FORCE MAJEURE & WAIVER OF LIABILITY
If Chicago Senior Pictures cannot perform this agreement due to fire, casualty, strike or civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, inclement weather, terrorism or other causes beyond the control of the parties, or due to the photographer’s illness, then Chicago Senior Pictures shall refund any monies paid by the client and shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera malfunction or otherwise damaged without fault on the part of the photographer. The amount of liability cannot exceed the amount of this contract (photoshoot fee).

The client releases Chicago Senior Pictures from all liabilities, claims, damages and monetary compensation that may result from any accidents or unforeseen incidents that may happen during the session, whether in studio or on-location. Including, but not limited to, the use of photography props, unpredictable terrain, personal injury sustained as a result of the portrait session, surroundings, and exposure to outdoor elements (insects, sunburn, poison ivy, etc.) Chicago Senior Pictures assumes no liability in the events described above, except in the event the accident or incident is proven a direct result of the photographer’s intentional negligence and willful, purposeful, and careless conduct.

The client is responsible for their own safety, the safety of those who accompany them.

The client agrees to retain custody and control of any accompanying children at all times during the session. There is equipment as well as props (which can resemble toys) in the studio. Children should be kept in control and supervised at all times to avoid injury or damage to the equipment.

The client agrees that if any negligence on their part, the part of any above named models, or the part of any individuals who accompany them to the photo session caused any equipment, props or any of the photographer’s property to malfunction or become damaged, the client will be liable for the cost to repair or replace the said item(s).

MODEL RELEASE
I hereby grant Chicago Senior Pictures the irrevocable and unrestricted right to use and publish photographs and/or videos of myself, my family, and/or child/ren, or photographs in which myself, my family, and/or child/ren will be included for editorial, trade, advertising, and any other purpose and in any other manner of good taste. I hereby release David McNaey Photography from all claims and liability relating to said photographs/videos.

COPYRIGHT
Chicago Senior Pictures owns the copyright of all photos and videos taken during the session and will provide a print release to the client for their own personal reproduction.

It is against the law to copy, scan, download, print, email, or reproduce the images and videos from your session in any way without written permission. The client will not sell or give their images or videos to third parties for reproduction/publication in any medium under any circumstances without the express and written consent of David McNaney Photography. Unauthorized use of images or original artwork is an infringement of copyright laws and is punishable by law. David McNaney Photography will enforce copyright laws to their full extent if misuse of images occurs.

By booking your session and submitting your retainer, you agree to the Terms and Agreement.