Terms & Conditions.

By the agreeing of this contract states the CLIENT'S understanding that it is their choice to participate in these photos, and the client will not hold studio responsible for any negative actions or feelings that may commence due to the images of this shoot. The client states that they are 18 years or older. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract.

CANCELLATIONS
Because of the nature of themed sessions, reschedules are based on availability, Laurie’s ShutterFlutter Photography can not guarantee there will be an open time slot. If CLIENT cancels, CLIENT forfeits entire retainer fee. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

LATE ARRIVAL/NO SHOW
CLIENT acknowledges that he/she must arrive on time to her scheduled portrait session start time. If CLIENT is late to her scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait sessions cut short or entirely missed due to CLIENT’S late arrival. If CLIENT does not show up for session, or does not give proper notice, CLIENT forfeits entire retainer fee. Any other fees/purchases paid in full will forfeit fee and a 3% transaction fee on the total amount. Reschedules are based on availability, Laurie’s ShutterFlutter Photography can not guarantee there will be an open time slot.

FAILURE TO PERFORM.
If ShutterFlutter Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then ShutterFlutter Photography shall return the deposit to the CLIENT but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of ShutterFlutter Photography. In the event the Photographer fails to perform for any other reason, ShutterFlutter Photography shall not be liable for any amount in excess of the retail value of the Client’s order.

WEATHER LIMITATIONS FOR PORTRAIT SESSIONS
CLIENT recognize that Laurie’s ShutterFlutter Photography may shoot outdoors for her portrait sessions. Therefore, Laurie’s ShutterFlutter Photography reserves the exclusive right to reschedule her portrait sessions due to weather conditions. Laurie’s ShutterFlutter Photography will notify the client via phone if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc. If you can not be reached by phone, you will be notified via email.

If the CLIENT has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the CLIENT still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session.

If the CLIENT has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client decides to go ahead and reschedule, the CLIENT will not be charged to do so. The CLIENTwill then be put on first alert for their session and able to have their session even on non-session days.

EXPLAINATION OF THE TERM FAMILY
It is understood that the term “Family” consist of the Nuclear family only. (Mom, Dad, and depended children living in the same household.) Sessions are intended for single families. Extended family sessions are not allowed for themed sessions. Your session will not take place if you bring multiple families to your session. Your session fee will be forfeited or you will have to choose which family is being photographed.

COOPERATION
CLIENT agrees to cheerful cooperation and communication leading up to and at the portrait session. Laurie’s ShutterFlutter Photography does not warrant that it will provide specific images and shall not be liable if CLIENT and/or key individuals fail to appear or cooperate during the portrait session. In the event that CLIENT asks Laurie’s ShutterFlutter Photography to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, Laurie’s ShutterFlutter Photography shall not be liable for images not taken that would normally have been taken during that time. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots.

In the instance of a person/child that is unwilling to be photographs, the photographer may make the call to end the session. Photographer is not responsible for the expressions of children or adults and re-shoots/re-edits will not be given for unfavorable expressions. Refunds will not be issued in the even that a person/child is uncooperative/abusive/aggressive or rude, disrupting the photographic process or service. The session will be terminated immediately and no re-booking or refunds will be provided if adults/children are unsafe or destructive with equipment or props.

HARASSMENT AND SAFETY
Laurie’s ShutterFlutter Photography has zero tolerance policy with regards to abusive, demeaning, condescending and/or manipulative behavior of any kind to include, but not limited to: verbal, mental, physical or emotional distress. The Photographer has the right to immediately terminate all services if the Client is acting inappropriately towards the Photographer or any of its agents, or exhibiting threatening, hostile, or offensive behavior, verbal abuse, or in the event that the safety of any member or the Photographer is in question. If the Services are terminated early, all monies paid shall be retained by the Photographer, and the Photographer will be released and held harmless as a result of incomplete services.

APPEARANCE
In the event that the client would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.

RE-SHOOTS
Re-shoots are not available for themed sessions. In the unlikely event that CLIENT is completely dissatisfied with the final results, all monies paid will be refunded and the CLIENT will not retain any of the images, provided images have not been downloaded. Once images have been downloaded, no refunds will be given. Refunds will not be given for poor choices of clothing, make-up, hair or by not following the recommendations of the photographer. Refunds will not be given if digital images have been downloaded. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.

ARTISTIC STYLE
On CLIENT’S own behalf, and on behalf of the subject(s): CLIENT acknowledges that Laurie’s ShutterFlutter Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENT are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from CLIENT and /or the Subject’s vision of the session. Accordingly, CLIENT acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. Laurie’s ShutterFlutter Photography images involve digital enhancement, as part of this process color, hue and saturation are adapted to create our style. Color is a subjective medium and thereof as creators of such images you agree to accept our judgment on the creative aspects of color and its use in producing your print(s). We are unable to match the exact color of any item of clothing or object. In the event that reprints are done we cannot guarantee exact color matching to your original print.

CULLING
After the portrait session, each image is put through a careful selection process, where Laurie’s ShutterFlutter Photography selects images that meet her high standards of quality. Images with eyes closed, out of focus, unflattering poses, and duplicate images are removed permanently immediately after Laurie’s ShutterFlutter Photography completes this culling process. CLIENT acknowledges that Laurie’s ShutterFlutter Photography retains complete control over the culling and editing process.

EDITING and RETOUCHING
All images that are printed through Laurie’s ShutterFlutter Photography are retouched to Laurie’s ShutterFlutter Photography’s complete discretion. Laurie’s ShutterFlutter Photography includes light retouching such as color, contrast, cropping and exposure adjustments on all Themed Sessions. Full retouching, an additonal charge for Themed Sessions, includes removal of light blemishes, eye enhancements, and light complexion enhancements. Upon request the following retouching is included at no charge with full retouching: removal of scratches, small cuts, and bruises; lighten under eye shadows; and removal of moles and scars. Complex types of retouching will need to be ordered at additional cost. Examples of this are such things as artist enhancements, selective color, removing braces, excessive acne, rashes, removing objects, removing glass glare, etc. Complex retouching is done at a rate of $30 (thirty dollars USD) per hour per round of revisions. Laurie’s ShutterFlutter Photography also retains complete control over which images are delivered in color and which images are delivered in black and white. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. Image enhancement is done at the discretion of ShutterFlutter Photography. If you would like particular things altered on your chosen image(s) you must state this when ordering. Failure to do so will result in extra cost.

CROPPING
Cropping (the image appearance in your chosen print size) is a creative decision and will always be thoroughly considered with every individual image. Cropping may vary slightly from your original screen preview due to the size and format you have chosen for your final pictures.

ADDITIONAL IMAGES/RAW IMAGES
Laurie’s ShutterFlutter Photography does not guarantee a portrait minimum number of images in CLIENT’S final portfolio. Under no circumstance will Laurie’s ShutterFlutter Photography release RAW images to CLIENT. Laurie’s ShutterFlutter Photography selects the best representation of the images taken at the session for the CLIENT portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to CLIENT .

LIMIT OF LIABILITY
Laurie’s ShutterFlutter Photography represents that reasonable care is taken with respect to capturing, developing, processing, transporting, storing and delivery of CLIENT images. However, in the event that Laurie’s ShutterFlutter Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of Laurie’s ShutterFlutter Photography control (including if originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control) or Laurie’s ShutterFlutter Photography own negligence, Laurie’s ShutterFlutter Photography’s liability shall be limited to a refund of all payments made by CLIENT. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that CLIENT requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to CLIENT and Laurie’s ShutterFlutter Photography shall not be liable for the same. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Laurie’s ShutterFlutter Photography will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, responsibility and liability is limited to the return of all payments received. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

INDEMNIFICATION
To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold harmless Laurie’s ShutterFlutter Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys’ fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by CLIENT, CLIENT guests, CLIENT agents, or by any of CLIENT vendors. In the event any such claim is made, and upon notice from Laurie’s ShutterFlutter Photography, CLIENT agrees to reimburse Laurie’s ShutterFlutter Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Laurie’s ShutterFlutter Photography. This provision shall survive the termination of this agreement.

ONLINE GALLERY
If an online gallery is presented, it will be active for 7 days. All orders need to be made prior to the expiration of your gallery. No exceptions. All discounts end on the expiration of your gallery. There is a $20 fee to reactivate your gallery after your 7-day period, this activation is good for an additional 7 days. Galleries that are reactivated, are reactivated at the Photographers Standard price list. After 60 days, if an order has not been placed and paid for, your images will be purged. Ordered images are archived for 1 year.

PRINTS AND PRODUCTS ORDERED THROUGH YOUR ONLINE GALLERY
These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products with Laurie’s ShutterFlutter Photography. Other than as specifically provided in any separate written agreement between you and Laurie’s ShutterFlutter Photography, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control. Laurie’s ShutterFlutter Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with outside vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and Laurie’s ShutterFlutter Photography’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

PAYMENT TERMS
In order to purchase Products through Laurie’s ShutterFlutter Photography, you are required to provide valid Payment Information. Laurie’s ShutterFlutter Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon our request. You agree to reimburse Laurie’s ShutterFlutter Photography for any and all costs incurred in collecting amounts owed by you to Laurie’s ShutterFlutter Photography or one of our outside vendors, including, without limitation, attorneys’ fees and costs of collection agencies. You are responsible for any taxes that you are obligated to pay or that Laurie’s ShutterFlutter Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Laurie’s ShutterFlutter Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Laurie’s ShutterFlutter Photography may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

PAYMENT FOR PRODUCTS
Full payment for prints or other products must be made at time of order. Work will not commence until payment has been received. You have 72 hours after payment is made, to cancel your order. After the 72 hour time period, no refunds will be given. There is a 3% transaction fee on the total purchase amount for all products purchased through Paypal or a credit card and canceled within the 72 hour time period. After 72 hours, ALL SALES ARE FINAL. NO EXCEPTIONS. We accept credit cards through PayPal, cash, or checks made payable to Laurie’s Shutter Flutter Photography.

PAYMENT STIPULATIONS
There is a $25 fee for any returned checks. In the event of a previous returned check by client, studio reserves the right to refuse payment of checks in the future, in which case cash, money order, cashier’s check, and debit/credit will be accepted.

DIGITAL FILES
Digital files are generally delivered two to four weeks after CLIENT’S order has been paid in full. All purchased digital images include a print release to print the images at any lab of your choosing. Laurie’s ShutterFlutter Photography cannot guarantee the print quality of the lab you choose. If printed at a consumer lab, photos may not print as originally intended/showcased by the photographer. Please note that Laurie’s ShutterFlutter Photography is calibrated for print at our selected professional lab. Digital images purchased by the Client still remain the property of Laurie’s ShutterFlutter Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.

DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES
Once downloaded digital files are not returnable. If you have an issue with how the file was edited, please contact me before downloading. If you purchase Digital Downloads or it was included in your contract, such download will be made available to you upon Laurie’s ShutterFlutter Photography’s receipt of your valid Payment Information. If you purchase Photo Prints, Canvases, Albums or other physical medium Products, Laurie’s ShutterFlutter Photography will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Most Products have a 3 week BUSINESS DAY LEAD TIME before they will be ready to ship to you or be ready to be picked up. Laurie’s ShutterFlutter Photography is not responsible for any delays in shipping. Laurie’s ShutterFlutter Photography or our outside vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Laurie’s ShutterFlutter Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Laurie’s ShutterFlutter Photography is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on order forms.

PRINT QUALITY
Print surfaces may vary depending on the size and number of print(s) requested i.e. matte, glossy, lustre papers. Please note that canvas prints have natural surface imperfections and color reproduction is slightly different to the results you would achieve on photographic paper. Laurie’s ShutterFlutter Photography does not guarantee quality on reprints if you choose not to print with ShutterFlutter Photography.

DAMAGE
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Photographer is not responsible for orders not picked up within 30 days.

INHERENT QUALITIES
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responsible for protecting and caring for his/her printed and/or digital products. ShutterFlutter Photography is not responsible for any damaged products after successful delivery of said products.

REFUND POLICY
Due to the nature of custom photography, all sales are final. NO EXCEPTIONS. In the event that a product is defective, we will gladly accept the return of any physical Product within ten (10) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will replace the Product. Refunds are not available for Products that are not in a physical medium form (i.e., a digital download). To request a refund please contact Laurie’s ShutterFlutter Photography at info@lauriesshutterflutter.com within 10 days of receipt. Please do not contact your credit card company to dispute a charge before contacting us.

PRODUCT AVAILABILITY AND PRICING
Laurie’s ShutterFlutter Photography or our outside Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

PRODUCT DESCRIPTIONS; PRICING; ERRORS
Laurie’s ShutterFlutter Photography strives to maintain accurate information in the online gallery and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other Studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Laurie’s ShutterFlutter Photography or our outside vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Laurie’s ShutterFlutter Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within ten (10) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Laurie’s ShutterFlutter Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

COMPLETION SCHEDULE
Due to the nature of these sessions, completion and product delivery time may vary. Normal turn around time is 2-4 weeks for prints and digital files, 4-6 weeks for Folios, 8-16 weeks for Albums. During holidays these times may be extended. Custom designs will need to have the final design approved by Client before they can be ordered. Laurie’s ShutterFlutter Photography is not responsible for miss deadlines because CLIENT has not provided approval in a timely manner.

ENTIRE AGREEMENT
This document contains the entire agreement and full understanding between Laurie’s ShutterFlutter Photography and CLIENT. It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.

MISCELLANEOUS TERMS
Failure by Laurie’s ShutterFlutter Photography to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement. - The agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. - Any such suit shall be filed in Wright County, Minnesota. - No party may assign this contract without all other parties’ written permission. - If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect. - If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.



I do not guarantee smiles, these are short sessions, with limited time to work with your child(ren). There will be no refunds for uncooperative children. If you feel your child (or husband) needs extra time, book 2 sessions back to back. Please send a note to me letting me know you have a child with special needs so we can make the session move smoothly. It may be possible to schedule a different non-event day depending on the photographers schedule.

It is the clients responsibility to check all proof numbers and sizes that are being ordered to ensure proper order placement before sending or placing your order.

ShutterFlutter Photography retains the full copyright to all images and derivative works thereof. License does not include use that results in financial gain, including but not limited to: advertising, print sale profits, stock photography, or resale of any nature. The client agrees that he/she may not use any of these images for commercial or editorial purposes, or enter any of these images into competition without the express written permission of Lauries’s ShutterFlutter Photography.

You CAN:
• Print unlimited prints
• Distribute the prints to family and friends.
• Publish the images in print and online.
• Share the web images electronically.

You CANNOT:
• Sell the images.
• Distribute the images for profit.
• Change or manipulate the images, other than choosing printing options such as black and white. Standard cropping allowed.
• License the images to a third party. This includes photo contests.

The Client assumes full liability for its principles, employees, agents, affiliates, successors and assigns for loss, damage or misuse of the images/photographs. Client shall indemnify ShutterFlutter Photography and/or Laurie Ford against all claims, liability, damages and expenses incurred in connection with any third party claim arising out of use of said material hereunder.

The purchase of the original files releases Lauries’s ShutterFlutter Photography from any liability due to loss or damage of the images, and also releases Lauries’s ShutterFlutter Photography from any obligation to maintain copies of any digital file, image, or photograph. ShutterFlutter Photography does not permanently archive images. After a period of 6 months from the date of the photo session, we may delete archives to make room for current client files. It is the responsibility of the client to maintain any permanent archives of images. The client is responsible for creating back-ups of the digital content. ShutterFlutter Photography is not responsible for any future changes in digital technology or media readers that might result in an inability to read the digital media (DVD/CDs) provided. It is the client’s responsibility to make sure that the digital files are copied to new media as required by changes in technology.

Laurie’s ShutterFlutter Photography does not guarantee quality of prints from digital files if you choose not to print with Laurie’s ShutterFlutter Photography.

Requests for additional and/or replacement copies of these files will be billed at $35 per disk/USB.

By paying you are agreeing to the Terms and Conditions above.