Terms & Conditions

(hereinafter referred to as the “Agreement”)

Effective Date: 2025-01-01
Last Updated: 2025-02-01

These Terms & Conditions ("Agreement") govern the provision of photography services by Lovehaven ("Photographer") to any client ("Client"). By booking a session, the Client agrees to the following terms:

Scope of Services

The Photographer agrees to provide photography services, including but not limited to portrait sessions, weddings, engagement shoots, event photography, and commercial photography (collectively, the "Services"). Specific service details, including type of shoot, location, duration, and deliverables, will be agreed upon separately in the booking confirmation.

Booking & Payment

The Client shall pay the total cost for all Services (“Total Cost”) to the Photographer as follows:

  1. A non-refundable retainer of 50% of the Total Cost at the time of booking.

  2. 25% of the remaining Total Cost is due on the day before session.

  3. The remainder of the Total Cost is due on the day of, but before, the delivery of the final product from the Services.

In order to reserve the Photographer for the date of the session, the Client must pay the non-refundable retainer of the Total Cost. The session is not confirmed until this payment is received. By paying the non-refundable retainer, the Client agrees to be legally obligated to all the terms herein. This Agreement is only valid upon its execution by the Photographer. The Client shall be liable under this Agreement for the obligations of the Client hereunder.

Artistic Style

The Client acknowledges that the Photographer requires and retains full discretion concerning the Services to be provided [i.e. posing, lighting, camera choice, lens choice, etc.]. The Client acknowledges and is familiar with the Photographer's portfolio and stylistic choices, but understands that photography is an evolving art form. While the final product will reflect the Photographer’s artistic vision, it will not be an exact replication of past work. In the creation of the final product for the Client, the Photographer reserves the right to make creative decisions within the agreed-upon scope of the Services.

Image Selection Process & Editing

After the session, the Photographer will carefully select the best images for editing and delivery. The Photographer retains full discretion over the culling and editing process to ensure the highest quality final product. All culling and editing is under the complete control and authority of the Photographer. If a minimum number of images is specified within the booking confirmation, the Photographer guarantees that amount; otherwise, the final selection remains at the Photographer’s sole discretion.

RAW File Policy

Under no circumstances will the Photographer provide RAW files to the Client. All digital images will be delivered in JPEG or PNG format via an online gallery or file transfer service.

File Retention and Client Responsibility

The Photographer may delete all RAW files two months after delivering the final edited image files to the Client. Once the image files are delivered via an online gallery or file transfer service, the Client is solely responsible for downloading and securely storing the images in multiple locations to prevent data loss.

Second Photographer or Videographer

If the Client selects a service that includes a second photographer and/or a videographer, the Photographer will hire independent professional contractors (collectively, the “Contractors”). The Client and Photographer agree that the second photographer may use the images they capture for their personal or professional portfolio only after the final edited photos have been delivered to the Client.

The Photographer reserves the right to reject any images from the second photographer that do not meet quality standards of the Photographer. The Client acknowledges that any rejected images will not be included in the final delivery.

Lost Items

The Photographer is not responsible for lost, delayed, or undelivered items caused by the United States Postal Service, FedEx, UPS, or incorrect addresses provided by the Client.

Location Access, Fees and Permits

If the Client selects a location that requires an access fee or photography permit, the Client is responsible for all associated costs, including but not limited to entrance and parking fees. The Client is also responsible for securing any necessary permits and arranging access to the location.

Exclusivity

If hired to photograph the session, the Photographer and the Contractors shall be the only professional photographers permitted to photograph on the session day.

Unforeseen Circumstances and Photographer Substitution

In the highly unlikely event that the Photographer and/or any professionals contracted by the Photographer are unable to fulfill their obligations under this Agreement due to illness, death, fire, or other event beyond the control of the Photographer, the following shall occur:

  • The Photographer will arrange for either:

    • A substitute professional photographer, and/or

    • An adjustment to the fee amount or the Client’s choice of services.

  • If the Client declines the substitution, they may elect to terminate this Agreement, in which case the Photographer shall issue a full refund of all payments made, including the 50% retainer.

Meals

If the provided Services exceed four (4) hours of coverage, the Client agrees to provide at least one (1) hot meal per person for the Photographer and any Contractors engaged for the session-day Services.

Copyright

All digital image files produced shall remain the exclusive copyrighted property of the Photographer, who retains full rights to use them both publicly and privately. This copyright includes, but is not limited to, online use.

Cancellations and Rescheduling

If the Client reschedules the session after booking the Photographer, the original retainer shall be applied to the new date, provided that the Photographer is available. In addition, the Client agrees to pay a date change fee equal to fifteen percent (15%) of the Total Cost. If the Photographer is unavailable on the rescheduled date or the Client cancels the session, the retainer shall be non-refundable, and this Agreement shall be terminated. The Photographer shall not be held responsible for any consequences resulting from the Client’s decision to change the session date.

Cooperation

The Photographer and the Client agree to maintain positive and professional cooperation and communication to achieve the best possible results within the definition of this Agreement. This cooperation and communication shall extend to all interactions before, during, and after the Client’s session. The Client acknowledges that the Photographer manages a busy schedule, including commitments to other clients, before and after the session date.

Harassment

The Photographer maintains a zero-tolerance policy for any form of harassment, including but not limited to verbal, physical, or sexual harassment, from the Client, the Client’s associates, guests, vendors, or any other individuals present before, during, or after the Client’s session. If the Photographer or any Contractors feel unsafe or threatened due to such behavior, the Photographer will notify the Client to address the situation. If the issue is not promptly resolved, the Photographer reserves the right to cease services and withdraw from the session without liability for refunds or reimbursements of any payments made.

Breach

In the event of any breach of this Agreement by the Client, the Photographer shall have the right to terminate this Agreement and retain the non-refundable retainer, along with any other payments made by the Client under this Agreement.