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A nationally and internationally traveling full service photography company based in South East Michigan
Terms and Conditions
This website is owned and operated by Victor Boyd II who also owns Imperial fx Photography. The following sets forth the terms and conditions and terms of service under which you may use the website www.imperialfxphoto.com and services offered by Imperial fx Photography.
This website offers visitors a portfolio of photographs taken by Imperial fx Photography and a way by which clients can book photo shoots and various photography services. By accessing or using this website to book services, you approve that you have read, understood, and agree to be bound by the following terms:
You are at least 18 years or older
When purchasing services you agree that (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract when you commit to buy an item and you complete the check-out payment process.
The prices Imperial fx Photography charges for it's services are listed on the website. Imperial fx Photography reserves the right to change prices for services displayed at any time.
Imperial fx Photography may, without prior notice, change the services; stop providing the services or any features of services offered.
Imperial fx Photography reserves the right to modify these terms from time to time at our sole discretion.
SERVICE AGREEMENT
Imperial fx Photography sells a license for personal use as part of the price for digital prints. You may use the photos you purchase for your own personal affairs and enjoyment however, unless otherwise specified, it is understood that Imperial fx Photography owns the copyright to any and all proofs, sample prints and final prints. All photos shall remain the property of Imperial fx Photography including digital files and hard copy prints.
RAW is a file format that captures all image data recorded by the camera sensor when a photo is taken. When shooting in a format like JPEG, image information is compressed and lost. Because no information is compressed with RAW the photographer is able to produce higher quality images, as well as correct problem images that would be unrecoverable if shot in the JPEG format.
Imperial fx Photography does not release any RAW files or unedited work. When you book any package with Imperial fx Photography a finished product is expected to be produced. RAW files are not the finished product, they are the materials used to create a finished product. Imperial fx Photography maintains a signature style which includes lighting set up and post processing. These distinctions are what draws clients. Photographer Victor Boyd II shoots his subjects with the intention of post processing which includes editing and retouching, these RAW unedited files may be unflattering in some cases to the client. Imperial fx Photography holds the responsibility of making sure the client loves their photos as much as the photographer. It is important that whatever people see in public is an accurate representation of both the photographer and his skills.
If the Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographers’ originally agreed terms or due to Photographer’s illness or injury, then Imperial fx Phtography will return all fees to the client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
WAIVER AND INDEMNIFICATION
Client and it’s agent’s, family members and assignees, if any, shall indemnify and hold harmless Imperial fx Photography and Victor Boyd II from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
DEPOSITS AND RESERVED TIME
A deposit of $25 is due upon booking your session.
This deposit is deducted from your total chosen package cost and the remaining amount will be due on the day of shooting.
It is understood that even with the signing of a contract and/or verbal agreement, no day is reserved without a monetary deposit.
Upon signing this contract and booking a photo shoot, Imperial fx Photography will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable after 7 days prior to your session start time even if the date is changed or becomes canceled for any reason.
TIME/DAY OF THE SESSION
Your session starts at the time you booked it for and ends after the allotted time purchased has expired.
Client agrees to pay any time spent photographing over the discussed period at $40.00 per half hour. (separate charge)
No photography/proofs will be released to the client and no rights are granted until timely payment is made in full.
You agree that you will be dressed in your first outfit, and arrive on time to the chosen location. If you are late, time will be taken from your session. Refer to the policy above for purchasing extra time.
Friends and family are welcome, so long as they do not interfere with the photographer and the photography taking place. Pictures with friends or family are not permitted unless it has been discussed previously with the approval of the photographer.
During your photo shoot your photographer may guide you through poses, angles and expressions to achieve the best look for your concept. The set up and changing out of backdrops, lighting and props are included in your shoot time. These factors enhance the outcome of the most desired look for your photos.
PAYMENT AND PACKAGES
Payment towards the rest of the package will be required on the day of shooting. You will not receive any prints, nor will an order for prints be placed unless full payment of the entire package is made. Cash, online payment via paypal or bank card are accepted forms of payment. Imperial fx Photography does not accept personal checks. No retouching or work will be done until funds have been cleared. You may not downsize to a smaller package after you have paid the deposit for that package unless your photo shoot has not began yet. You may upgrade to a larger package at any time, though it exclude any of the outfit changes. Separate charges will apply for the specified package.
TIME/AFTER YOUR SESSION
For small sessions, please allow up to 72 hours from the date of your session to receive your proofs. Allow an additional 7-14 days after you’ve selected your photos for editing and retouching for your prints to be ready. Weddings and engagements are considered large orders, and need 20-30 days separately for each process: receiving proofs, retouching, and prints being ready. Times will vary on season and other factors.
After your photography session your images will go through a culling process. This process includes the selecting of the best images from your shoot to be proofed and edited. It also includes the weeding out of identical duplicates, removal of bad shots such as test exposures, blinking and bad facial expressions.
PROOFS
Proofs are not meant to be full resolution and only should be used as a reference for the photos to choose for retouching. Photos from the proofs are unedited and may not be posted online for any reason. The posting of an unedited photo online in any place will result in a breach of contract.
PROOF SELECTION & POSES
Proof selection is sent digitally only and poses must be chosen within 7 days of receiving your proofs. Failure to do so will result in delayed process for your photos. After 30 days of no proof selection your order will be deferred. You will not receive any extra proofs other than the ones chosen by the photographer to be your “top” photos from the session. Proof selection may be sent through a "tap-to-like" process or by photo number only and must be sent through email or text message.
Additional poses will cost $10.00 each. Poses chosen through the selection process are final. Extra poses ordered must be paid for before retouching may begin. Even though you buy new poses, the amount of prints in your package does not change. You may add on prints at a separate cost. For couple session & event packages for engagements, you will not receive your event photos until your couple photos are chosen.
RETOUCHING TIME AND PROCESS
The retouching process begins once proofs are selected. The time taken to choose proofs will serve as a factor in the retouching process. Clients who choose their proofs first will get their photos retouched first, regardless of when their photos were taken and which package they have. Any approved retouched photos may not be considered for re-editing. All changes are final once approved and any extra retouching desired by the client is subject to separate charges per revision.
BREAKS AND MEALS
The client agrees to allow for refreshments or a meal for any event over 3 hours (weddings by default must provide a meal). The photographer reserves the right to a 30-45 minute rest period if event photography requires more than 4 hours.
EDITING AND RETOUCHING
Basic editing includes clearing skin, getting rid of flyways and single strands of hair in the face and obvious blemishes, sharpening, shadows and highlights, adjusting hues, vibrancy and saturation levels. Basic retouching includes things like fixing dresses, removing people or things from a photo, fixing clothes/makeup/etc., it does not include physically changing body shapes, or adding things to photos. The client may choose to pay per hour for extra retouching.
COLORS AND STYLES
Clients may choose between colored, black and white, sepia, or mixed toned photos. By default, colored photos will be given. If for any reason the client does not want their photos colored, they will need to specify at the time of selection. By choosing Imperial fx Photography you acknowledge the style and colors used and agree to allow the photographer to choose the colors based on personal preference.
UNEDITED PHOTOS/PHOTO POLICY
Client agrees that unedited photos will not be shared for any reason. The only unedited photos the Client will receive are the thumbnails for the proofs to choose for retouching. Client agrees not to post or otherwise share unedited photos. Only your retouched photos will be released. If you would like to purchase additional photos, you must buy each pose separate from your package.
All outtakes and unedited photos are the property of Imperial fx Photography and are not to be shared, distributed or posted under any circumstances.
OVERALL APPEARANCE AND PERSONAL ITEMS
The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure your clothes, makeup, hair and overall appearance are the way you want for the photos. The photographer is not responsible for any styling, makeup issues, hair problems or any other factors in the photography other than the directing and photography of the client.
WEATHER AND SESSION CHANGES/LOCATIONS
You are able to switch your day because of weather or personal reasons, so long as no other sessions are scheduled that day and it works for the photographer. Locations within 20 miles of the photographer are free. Any other location outside 20 miles is subject to a separate charge based on distance. Cost of location permits for shooting or availability and the choosing of a location is the responsibility of the client. Unless otherwise stated, all photo sessions come with ONE location. Add-on locations are additional cost.
CLIENT’S COOPERATION
Deliverable items and shots are contingent upon the client performing actions and cooperating with the photographer. The photographer is not liable if the client’s neglect leads to a compromise of what has been agreed upon. (i.e. agreeing to take photos of a bride getting ready, but she does not make herself available for the time). The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
DIGITAL FILES, CDs AND EXTRA PRINTS
CDs are not available through Imperial fx Photography. All files will ordinarily be sent digitally through a website digital gallery and will be made available for download. Any additional prints or edited photos ordered are non-refundable, whether or not client decides to keep them.
REFUNDS
If you are not satisfied with your photos, you may re-shoot at any time as long as all package details remain the same including the wardrobe you wore originally. You will NOT be refunded any portion of the package price for any reason unless the issue stems on the photographers end and he agrees to a refund. You will only be eligible if you have made this known to the photographer before any editing or retouching is made. In the event of an emergency, equipment failure or other unforeseen circumstance, the photographer will return any money given up to that point but claims no further liability. Client(s) agree that an entire wedding/event cannot be replicated, reenacted or repeated for the purpose of a re shoot.
CLIENT’S USAGE
The Client is obtaining prints for personal use only, and shall not sell said prints. It is not permitted to give photos to vendors having their products or setups photographed in order to use for advertising or promotion. No commercial use is granted by the issuance of print or digital photos.
EXCLUSIVITY
It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Photographer is working. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event/session. Guests, Family and friends of the Client shall be permitted to photograph using mobile phones only as long as they shall not interfere with the Photographer’s duties.
PHOTO REORDERING AND TIME FRAME
You may reorder more photos from your session by purchasing your digital files. To keep organized and conserve space, your photos may be deleted or unavailable 120 days after your session has taken place, and you waive any and all claims against Imperial fx Photogrphy for the unavailability of such photos, even if you must replace them at your own cost. Therefore, it is recommended you pick your poses out and finalize your choices with the photographer as soon as possible.
PICK UP AND FINALIZATION
It is the responsibility of the client to pick up any prints in a timely manner. Pick up time must be appropriate with the photographer and made aware two days before arriving to the pick up location. It is recommended that the client pick up prints within the week that they arrive to avoid any delays or issues.
You will be contacted and made aware when your photos are ready, but it is your responsibility to check your gallery for your proofs or retouched photos.
TFP/COLLABORATIONS
For all time-for-print photo shoots all of the above terms and conditions apply with the following amendments:
1) There is no deposit made to reserve time, your word is your bond and you are expected to show up to the shoot at the agreed upon location and time.
2) Imperial fx Photography releases half as many pictures from its set packages for free. If you want a full set of photos you will need to pay for the rest of them at a cost of $10 per image.
3) Time frame for getting proofs and digital prints back is based on the photographer's down time. Paying clients take priority. If you need photos right away you have the option to pay for each individual photo needed.
4) RAW is a file format that captures all image data recorded by the camera sensor when a photo is taken. When shooting in a format like JPEG, image information is compressed and lost. Because no information is compressed with RAW the photographer is able to produce higher quality images, as well as correct problem images that would be unrecoverable if shot in the JPEG format. Generally Images in RAW format are not released to anyone for any reason. Imperial fx Photography understands that there are some circumstances where a model/client would like to receive RAW files to be edited by someone else, used unedited all together or for other personal reasons. Under the following conditions Imperial fx Photography will release RAW files:
i) RAW files are sold at $25 a file not to exceed $500 for a full set.
ii) RAW files are your property once you purchase them and Imperial fx Photography releases all copyrights.
iii) You must NOT tag or attribute credit to Imperial fx Photography in any publication whether online or in print.
iv) You may do what you wish to your RAW files without the consent of the original photographer Victor Boyd II.