These Terms & Conditions govern all photography services provided by Minuit Studios – S. Allen (“the Photographer”) to its clients (“the Client”).
By booking a session, accepting a quote, or submitting payment, the Client acknowledges and agrees to these Terms & Conditions.
Table of Contents
1. Booking and Payment
- To secure a session date, a non-refundable retainer of 50 % of the total fee is required.
- The remaining 50 % balance must be received no later than two (2) business days before the scheduled session.
- A booking is not considered confirmed until the retainer has been received.
- No images or deliverables will be released until full payment has been received and cleared..
- Payments may be made via Bank transfer, Zelle or Credit card. Any processing or currency conversion fees are the Client’s responsibility.
- If a payment is declined, revoked, or cancelled — including any credit-card chargeback or dispute — the contract is immediately suspended until the issue is resolved. Unless otherwise required by law or these Terms and Conditions, the Client remains responsible for any confirmed retainer and for the full balance of services already rendered or reserved. The Photographer reserves the right to cancel the session, retain any funds already received, and initiate a dispute resolution procedure as outlined in Section 11 (“Governing Law & Dispute Resolution”).
2. Cancellation, Rescheduling, and No-Show
2.1 Cancellation or Rescheduling More Than Two (2) Business Days Before
If the Client cancels or requests to reschedule at least two (2) business days before the session:
- The non-refundable retainer remains due and is retained by the Photographer.
- Any other payments (beyond the retainer) may, at the Photographer’s sole discretion, be refunded or credited toward a future session.
- A rescheduling request may be accommodated subject to availability and possible rescheduling fees, as agreed in writing.
2.2 Cancellation or Rescheduling Less Than Two (2) Business Days Before
If the Client cancels or reschedules less than two (2) business days before the session:
- The full session fee remains due.
- The Photographer may, at her discretion, offer a one-time rescheduling, subject to availability.
- Additional fees may apply to cover administrative or logistical costs.
- Any exception is at the Photographer’s discretion.
2.3 No-Show
If the Client fails to attend, the session is considered fulfilled and no refund or rescheduling will be offered.
2.4 Photographer Cancellation & Force Majeure
- If the Photographer must cancel due to illness, emergency, or unforeseen events, she will offer a new date or refund all payments (including the retainer).
- Neither party is liable for failure to perform due to force majeure (natural disasters, accidents, restrictions, etc.). Both will act in good faith to find a fair resolution.
3. Session Policy and Artistic Discretion
- The Photographer retains full artistic control and creative discretion in the selection, editing, and delivery of images.
- RAW or unedited files are never provided.
- The number of delivered images and level of retouching are defined by the selected package. Additional editing or image requests beyond the agreed scope incur extra fees and may extend delivery time.
- By booking, the Client acknowledges and accepts the Photographer’s professional judgment in artistic and aesthetic decisions.
- The Client agrees to arrive on time and fully prepared for the session.
Delays or lack of readiness caused by the Client will result in a shortened session time and will not affect the total session fee.
If the Client is not ready or arrives more than twenty (20) minutes late, the Photographer may consider the session forfeited without refund. - It is the Client’s responsibility to communicate any issues affecting scheduling in advance.
4. Delivery and Turnarounds
- By default, the Photographer selects, edits, and delivers the final images according to her professional and artistic judgment.
- The Client entrusts the Photographer to make this selection as part of the service.
- No proof gallery or unedited preview is provided unless expressly requested by the Client in writing at the time of booking.
4.1 Standard Delivery
- For standard sessions (without proof gallery), final edited images are generally delivered within 10–14 business days after the photoshoot, unless otherwise agreed in writing.
- Rush delivery may be available for an additional fee.
- Delivery is digital only (download link or online gallery). Prints are not included unless specifically contracted.
4.2 Optional Proof Gallery
- If the Client requests a proof gallery (a preliminary gallery for image selection), this service involves additional fees to cover light editing, upload, and processing time.
- Fees and conditions for a proof gallery are to be discussed and confirmed at the time of contract signing, depending on the session scope and volume.
- A proof gallery request may also extend the overall delivery timeline.
- If a proof gallery is provided, the Client must submit their selections within ten (10) business days of access being granted.
- Failure to select within that timeframe allows the Photographer to make the final selection herself or consider the service fulfilled.
- The delivery turnaround (typically 10–14 business days) begins after final image selection, whether made by the Client or the Photographer.
5. Intellectual Property, Licensing & Usage Rights
5.1 Copyright & Ownership
- The Photographer retains full copyright and ownership over all images, including RAW and unedited files.
- The Client receives a license to use the delivered images; ownership does not transfer.
5.2 License Duration & Scope
- Private / individual clients are granted a permanent, non-exclusive license for personal use (printing, online sharing, etc.), excluding resale or commercial use.
- Professional or corporate clients are granted a non-exclusive commercial license valid for five (5) years from delivery.
- Continued use after that period requires a license renewal, negotiated at current rates.
5.3 Unauthorized or Expired Use
- Continued or renewed use after expiration without renewal incurs a retroactive usage fee of USD 500 per image per medium (website, brochure, social media, etc.).
- Unauthorized or infringing use may result in legal action.
5.4 Promotional Use by Photographer
- The Client and all participants consent to be photographed and grant the Photographer permission to use the resulting images for her professional portfolio, website, social media, advertising, competitions, exhibitions, and editorial purposes.
- The Photographer may also submit works to photo contests, magazines, or paid advertisements, provided such use does not misrepresent or defame the Client.
- If any participant does not wish to appear in promotional materials, the Client must notify the Photographer in writing before the session.
- The Photographer is not responsible for obtaining individual releases for participants invited by the Client.
- For minors, a parent or legal guardian must provide written consent prior to the session.
6. Data Storage and Geographic Location
- The Client acknowledges that files may be stored or backed up on servers within or outside the U.S., including Switzerland and France.
- The Photographer takes reasonable precautions for file safety but cannot guarantee indefinite storage.
6.1 Retention Period
- Final edited images are archived for 12 months from delivery.
- Unedited / RAW files are retained for three (3) months, then may be permanently deleted.
- Clients should download and back up their files upon receipt.
6.2 Relocation & Continuity
- The Photographer’s relocation (to another state or country) does not affect any agreements or rights.
- All rights and obligations remain valid regardless of physical or server location.
- Promotional or commercial use by the Photographer may occur globally without restriction.
7. Creative Direction, Studio Rentals & Subcontractors
7.1 Creative Direction
- The Photographer may offer creative / art direction services (concept, styling, set design, coordination) as part of or in addition to the shoot.
- These services are billed separately and may be subcontracted at the Photographer’s discretion.
- The Photographer retains final authority on all creative decisions.
7.2 Studio Rentals & External Costs
- If a studio, location, or equipment must be rented, such costs are additional to the session fee.
- The Client agrees to cover these third-party charges as approved in advance.
- Studio bookings are often non-refundable once confirmed.
7.3 Subcontractors & Collaborators
- The Photographer may work with assistants, second shooters, editors, or retouchers as needed.
- All collaborators are selected at the Photographer’s discretion.
- The Client has no veto or approval rights over subcontractors or collaborators.
- The Photographer remains solely responsible for the final work.
7.4 Confidentiality
- When working with professional or corporate clients, the Photographer agrees to maintain the confidentiality of any non-public information shared during the project.
- This includes business strategies, unreleased product designs, and proprietary materials.
- The Client likewise agrees not to disclose or reproduce behind-the-scenes material, pricing details, or any unreleased images without the Photographer’s prior written consent.
8. International and Travel Assignments
- For sessions outside the Photographer’s base location, travel costs (transportation, lodging, meals, insurance, permits, etc.) will be quoted in advance.
- Travel fees must be paid in advance or reimbursed within seven (7) business days of invoicing.
- All pricing is in USD unless otherwise stated.
- Clients abroad are responsible for currency conversion and bank fees.
- Texas law governs all agreements unless otherwise agreed in writing.
- Clients are responsible for obtaining local permits or authorizations when applicable.
9. Complaints, Revisions & Acceptance
- The Client must notify the Photographer in writing of any concerns or revision requests within ten (10) business days of delivery.
- After that, images are considered final and accepted.
- Additional revisions beyond the original scope are subject to extra fees.
10. Limitation of Liability
- The Photographer will act with professional care but cannot guarantee subjective satisfaction with appearance or creative interpretation.
- Total liability is limited to the amount paid by the Client.
- The Photographer is not liable for indirect or consequential damages, such as lost profits or emotional distress.
11. Governing Law and Jurisdiction
- This Agreement is governed by the laws of the State of Texas, and any disputes shall be handled in the courts of Travis County, Texas, unless otherwise agreed in writing.
- Both parties agree to attempt to resolve disputes amicably before pursuing formal legal action.
- A declined, revoked, or cancelled payment (including any credit-card chargeback or dispute) constitutes a material breach of this Agreement. The Client remains liable for the full balance owed, plus transaction and collection fees. Unpaid balances accrue a late fee of five percent (5 %) per month for the first three (3) months, and ten percent (10 %) per month for the following three (3) months. If payment remains outstanding after six (6) months, the Photographer may issue a written demand notice granting thirty (30) days to resolve the matter before initiating legal or collection procedures. All reasonable costs incurred for recovery, including legal and administrative fees, will be added to the amount owed.
- Venue and jurisdiction for any action arising under this Agreement shall exclusively rest with the courts of Travis County, Texas.
12. Updates and Acceptance
- These Terms & Conditions may be updated periodically without notice.
- The version in effect at the time of booking applies.
- By booking, signing a quote, or making payment, the Client accepts these Terms & Conditions in full.