Paws and Play Studio Terms and Conditions
The client assumes all responsibility for their animal(s) or any other subjects during the session, including any and all destruction of personal, business or public property, personal injury or illegalities. Know your animal(s) and their behavior and limitations before allowing them to be photographed in your home or any public area. Please disclose any behavioral or aggression issues before your session.
The client shall assist and cooperate with Andrea Ou, the photographer, in obtaining desired photographs. Paws and Play Studio shall not be responsible for photographs not taken as a result of client’s failure to provide reasonable assistance or cooperation. The photographer is not responsible for photographs not taken due to uncooperative pets/children/spouse, wardrobe malfunction, and other acts that cannot be controlled by the photographer.
MODEL RELEASE
By agreeing to our terms, I, the client, have the legal right and authority to execute this release on behalf of the subject(s). I hereby irrevocably authorize Andrea Ou, Paws and Play Studio and its assignees, licensees, legal representatives and transferees to use and publish (with or without my name, the pet's name, or with a fictitious name) images of the subject(s) in any and all forms of media, for the purpose of self-promotion, publicity, publishing (including electronic forms as internet websites), resale as prints or other media for commercial use, book, calendar, or in photographic contests or gallery shows. I waive any and all rights to review or approve any use of the images for the above-mentioned purposes. Paws and Play Studio agrees to never use the images in a manner that is slanderous, demeaning, or hurtful in any way to me or any of the subjects. I, the client, warrant that I have authority to agree to the use of the likeness of all persons included in the session in this manner and shall indemnify and defend Andrea Ou in the event of litigation arising out of such use.
CREATIVE AND COPYRIGHTS
All images, original and processed, remain the sole property of Paws and Play Studio. It is ILLEGAL to copy or reproduce any photographs, either physically or digitally, without Andrea Ou’s permission. Violators of this federal law will be subject to its civil and criminal penalties. The client may not download or take screenshots of any digital image produced by Paws and Play Studio without express permission. The client will not receive any RAW files and may not edit the work nor remove watermarks. The client may NOT submit any photos taken by Paws and Play Studio for use in contests. All images, both physical and digital, when purchased or provided to the client are for personal use only. No commercial use by the client is permitted under this contract, including but not limited to resale, promotion of personal business, or use in contests or exhibitions.
EDITING AND RETOUCHING
The editing and retouching on optimized images for the viewing session includes:
color and exposure correction
The editing and retouching on the selected digital negative files and prints includes:
removal of eye goop
removal of minor treat crumbs
cleanup of the face
clean up of the environment
leash removal
removal of (light) dandruff
removal of minor objects/people from the background
Additional editing beyond the aforementioned items requires additional editing time at a rate of $75/hour. This includes but is not limited to:
harness removal
color changes on objects
retouching skin and body/body parts on people
removal/swapping out body parts (pet and/or human)
compositing multiple pets into one image
PHOTOGRAPHY POLICIES
Session retainer fees are non-refundable. Paws and Play Studio will strive to complete sessions, editing and orders in a timely manner. Studio Sessions: Within one week after the Studio Session, Andrea Ou will provide an online viewing gallery featuring the best images from the session. The client will have one week to place an order before the online gallery expires. Outdoor Experience and Pop-Up Sessions: The final images are revealed and the products are placed during the Viewing and Ordering Session on the predetermined date set by the client and Andrea Ou. All products must be paid for in advance before the order is placed. Once an order for the client’s custom artwork is placed, no refunds will be given. Production can take up to four-to-six weeks, depending on the product. Clients can pick up their products, have them delivered, or pay for shipping.
LIABILITY
If Andrea Ou cannot perform this contract due to fire, casualty, act of God, illness, emergency, or other causes beyond the control of the photographer, and cannot reschedule, Paws and Play Studio will return to the client any money paid, including the pre-paid package fee, but shall have no further liability in respect to the contract. This limitation of liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera or computer malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault or intent on the part of the photographer. In the event that Andrea Ou fails to perform for any reason, Paws and Play Studio shall not be liable for any amount in excess of the retail value of the client's order and fees paid. It is the client’s responsibility to back up any digital files that are purchased or received. Paws and Play Studio shall not be held liable for loss or destruction of files, prints or products once they have been received by the client. No part of any order will be delivered until the required balance is paid in full.
REPRINTS
The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the client releases Paws and Play Studio from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Andrea Ou will make every effort to provide the most accurate color reproduction on products purchased through Paws and Play Studio. Andrea Ou has no liability whatsoever for the quality of any prints or products reproduced by the client from digital files purchased from or provided by Paws and Play Studio. It is recommended when displaying or storing prints, to use archival materials whenever possible. If any products arrive damaged through no fault of the client, the client may return the products for a refund or replacement.
SOCIAL MEDIA
The client may share blog post links, repost posts on Instagram, and Facebook along with providing proper credit. Client may share purchased digital web quality images provided by Paws and Play Studio. Client shall not copy, download, screenshot, or capture the photographs in any other fashion.