Terms of Service

Terms of Service

By booking a session and paying your retainer fee, you agree to these Terms of Service. Any trade work agreed upon between the Photographer and any client remains subject to these terms and conditions.

Definitions

This Agreement is between The Dream Choice | Siouxzen Kang Photography (“Photographer”) and “Client”, including the Client’s principals, employees, affiliates, and representatives. The Client affirms they have the legal authority to enter into this Agreement on behalf of their employer, company, or organization. The Photographer’s relationship with the Client is that of an independent contractor.

“Image(s)” refers to all photographic material created by the Photographer, including transparencies, negatives, prints, or digital files, in any media format.

Usage Rights and Ownership

The Photographer is the sole owner of all copyrights to the Image(s). All usage rights granted to the Client are specified in this Agreement. Images are licensed, not sold, and any rights are non-exclusive, non-transferable, and non-sub-licensable. Images may not be used in logos or trademarks without explicit permission from the Photographer.

The Photographer retains the right to use the Image(s) for self-promotion unless otherwise agreed.

Photographic Integrity and Alterations

The Client may not make any alterations to the Image(s), including but not limited to, applying filters, additions, subtractions, or adaptations, without prior written permission from the Photographer. This ensures that the artistic integrity and quality of the images are maintained.

Portrait sessions include editing such as adjustments to color, crop, contrast, and exposure at the Photographer’s discretion. Boudoir sessions include retouching at the Photographer’s discretion. Additional edits or specific requests outside of these standard practices will incur a separate fee starting at $25 per image.

Use of Filters

The application of any filters or digital effects to the Image(s) is strictly prohibited unless expressly authorized by the Photographer. This policy ensures that the images remain true to the Photographer’s original artistic vision and quality.

General Liability and Releases

The Photographer is not liable for any loss, damages, or costs arising from the Client’s use of the Image(s). The Client will indemnify the Photographer against any claims related to the Image(s). It is the Client’s responsibility to obtain any necessary permissions or releases for Image use.

Payment

Full payment is required before any rights are granted. Unauthorized use of the Image(s) before full payment will incur a fee double the invoice total. All invoices are due upon receipt, and bank transfer fees are the Client’s responsibility.

Credit Line and Copyright Notice

A credit line or copyright notice is required when posting images online. Failure to include this will result in a fee double the invoice total.

Reshoots

A reshoot will incur an additional fee of 100% of the original fee plus expenses, unless caused by factors beyond the Photographer’s control, in which case only expenses will be charged.

Failure to Perform

If the Photographer is unable to fulfill their obligations due to circumstances beyond their control, they will attempt to find a replacement. If unsuccessful, the Photographer will refund any fees paid but will not be liable for additional damages.

Kill Fee

If the Photographer completes the assignment professionally but the Client does not use the Image(s), the Client must pay all fees and expenses.

Archiving Digital Files

The Client is responsible for archiving and storing Image(s). The Photographer does not guarantee availability beyond the initial delivery date. Any requests for reproduction will incur a $100 processing fee.

Digital File Quality

The Photographer will deliver high-quality images in a standard format. Due to variances in monitors and software, color and quality may differ. It is the Client’s responsibility to ensure the images meet their needs. Additional edits are available at a separate fee starting at $25 per image.

Session Terms

Sessions will occur at a mutually agreed location. The Photographer will not trespass or violate property rules. For private property, the Client must obtain authorization. The Photographer is not responsible for hazards at the location. No additional photographers or cell phone images are allowed unless pre-approved.

Acceptance of Terms

This Agreement is binding on the Client and Photographer and their respective successors. Amendments must be in writing. Email and electronic signatures are considered valid. The Agreement will be interpreted under the laws of New Mexico or California, and any disputes will be resolved in those states.

If any provision is found to be unlawful or unenforceable, it will be severed, and the remaining provisions will remain in effect.

Placing a retainer fee or using any Image(s) will constitute acceptance of these Terms of Service.