Terms & Conditions
Studio Policies, Terms & Conditions
A retainer is payable to Mary O. Photography & Design by the client at the time of booking in order to secure your appointment. The retainer pays for the time and talent of the photographer and for your in- person viewing appointment. Finished portraits are not included but are available at an additional charge.
For wedding/events/commercial work the terms are slightly different, a retainer of 50% is payable by the client at the time of booking and the outstanding amount is due one month before the date of the wedding/session.
Payments can be made by cash, check or credit card.
Any retainer not used within 2 months of original appointment date is forfeited. In the event of an emergency, with 48 hours notice, sessions may be rescheduled. Retainers are non-refundable.
Payments may be made cash, check, Visa, MasterCard, or American Express.
Please bring only the subjects to be photographed to the session. This is especially important with pets and kids, as the photographer will need their full attention on her rather than looking at other members of the family. Of course, parents are always welcome!
I understand that children can be unpredictable and fall ill at any time. If you have a sick child on the day of the session please call to reschedule. The Client agrees to make every possible effort to inform Mary O. Photography & Design as soon as possible, no later than 2 hours prior to the start time of the photography session. Â If you try to keep the appointment, we will most likely request that you reschedule if we notice your child is too sick to participate. Sick or uncomfortable children do not like to be photographed and we know that you will not love our portraits nearly as much as if he or she was in good health.
If you have or are having a boy, please DO NOT CIRCUMCISE your child before your session. We will be swaddling your baby tightly while he is naked, and moving him from one position to another constantly during the session. This is very painful for a child who has just been circumcised. We will NOT photograph a newborn who has been circumcised less than 6 days prior to the session.
The session can be rescheduled to a new date which will be at the convenience of both parties within a maximum 2 month period. Mary O. Photography & Design reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, Mary O. Photography & Design has the right to cancel the booking with all payments made non-refundable.
If Mary O. Photography & Design has to cancel the appointment, an alternative date will be offered where possible. Where not possible, Mary O. Photography & Design’s liability shall be limited to a full refund of the retainer paid.
Proofing and Ordering
Unless you require immediate proofing, all proofing is conducted in- person at an ordering and design appointment approximately 2 weeks after your session. For weddings, it may be 4-6 weeks before your images are ready for viewing.
The Client agrees to make themselves available within two weeks of the gallery availability to view and choose their images. Proofs are viewed on a special color calibrated monitor displaying the most accurate colors and skin tones. The Client will be asked to order at this time and have the opportunity to select packages or items a la carte at that time. Please make sure all decision makers are present. Clients who cannot make a decision about products or images during their viewing appointment may schedule an additional ordering appointment for a $100 fee. We do NOT offer online galleries for ordering until after an initial order is placed and paid in full.
Payments may be made cash, check, Visa, MasterCard, or American Express. Payment plans are available. Restrictions may apply.
Cancellation of the ordering appointment with less than 24 hours’ notice will result in a $100 rescheduling fee.
Once your order is placed in-person, and paid in full an online gallery may be established for the purpose of sharing with friends and family. Galleries will be open for up to two weeks for ordering.
Note: Online prices are higher and include no studio discounts. Anyone whom you choose to share the gallery with be able to purchase prints and products. We cannot control access and only give authorized access to the client who made the purchase. After initial ordering period, images may be hosted for the public for a period of one year with ordering disabled.
The travel cost within a radius of 50 miles from Schertz, Texas are included in the retainer. Travel beyond 50 miles will incur a surcharge per mile at an agreed rate. Travel in excess of 250 miles will incur costs for lodging and meals.
Mary O. Photography & Design Gift Cards are non-refundable or exchangeable. Gift Cards are not for resale or any kind of reproduction. The timing is dependent upon the availability of photographer and do expire. Upon receiving a Gift Card, the redeemer is bound to our usual terms and conditions per our standard contract for photography shoots.
Depending on the print or canvas size requested, some cropping of an image may occur. Mary O. Photography & Design will use their professional judgement to crop the image as required, however we will advise the Client if a particular print size ordered is entirely unsuitable for the photograph in question.
While Mary O. Photography & Design does capture many images during your session, you will see only those images selected by her, the artist, for previewing. The photographer carefully renders each image to ensure maximum artistry and technical perfection.
Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from my archives permanently after the artist rendering is complete.
Mary O. Photography & Design shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to poses, props and number of images taken.
Images are selected and fully edited before presenting to Client. Additional edits are carried out at the discretion of Mary O. Photography & Design, and may incur an additional charge.
Mary O. Photography & Design is not responsible for missed images due to uncooperative subjects. It may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of uncooperative children/client at a session of any kind, for any reason, Mary O. Photography & Design may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
Fulfilment of Obligations
Mary O. Photography & Design shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, illness or injury.
The Client understands and accepts that the photographic coverage will be as Mary O. Photography & Design professional expertise determines.
Special requests are not binding instructions, although every effort is made within reason and safety to comply with the Client’s wishes.
In the unlikely event of total photographic failure, loss of digital images or cancellation of the contract by Mary O. Photography & Design, liability shall be limited to a full refund of all monies paid, although every effort will be made to re-take the photographs.
Mary O. Photography & Design does not allow personal cameras or cellphone images to be taken in-studio or on-location during your session.
Please refrain from taking personal photographs or videotaping. We work very hard to ensure your session is captured artistically and creatively. We ask that you respect our livelihood and refrain from taking photographs of what we are creating.
If you fail to abide by the personal camera policy, the session will be stopped, images deleted, and retainer forfeited.
Copyright and Reproduction
The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs.
Violations include, but are not limited to, making illegal copies, scanning, printing from home or downloading from our website. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this Federal Law will be subject to its civil and criminal penalties.
Please understand, the photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and scar our reputation for providing superior portraits. To that end, Copyright is retained by Mary O. Photography & Design at all times throughout the world. No image can be copied, scanned, reproduced or published in any form without the prior consent Mary O. Photography & Design.
The Client may not alter or add to or manipulate a picture by any means or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Mary O. Photography & Designâ€™s written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by Mary O. Photography & Design only when digital negatives are purchased and paid for in full by the Client.
This protection includes any images Mary O. Photography & Design posts to its social media accounts and website.
Use of Images
Mary O. Photography & Design retains the right in all cases to use any pictures for the any purposes it deems appropriate including but not limited to displays, advertising, portfolio, publication or promotion of its work.
Storage of Digital Files
While every effort is made to archive images for up to a year, un-ordered images are removed from our archives after 30 days and after 3 months from your session date Mary O. Photography & Design will no longer be responsible for storing your image files.
Re-orders placed more than 60 days after the preview appointment, require a minimum $250 re-order.
Your portraits are an investment and an heirloom that should not be rushed. Delivery for prints, albums or any other additional orders may vary and will be advised at time of ordering. Please allow a minimum of 2-4 weeks for your order to be completed. Some orders may take longer.
Mary O. Photography & Design shall not be responsible for delays due to supplier interruptions or postal services.
You will be notified by telephone or e-mail when your order is ready for pickup.
If you are unable to pick up your order, we can ship your order to you for an additional charge.
Â Digital files cannot be released outside the studio until full payment is made.
Cooling Off Period
All portraits, books, albums, frames, etc. are non-refundable.
Orders cannot be cancelled due to the custom nature of the products. Orders are made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.).
The Client does not have the right to a cooling off period. By placing an order with Mary O. Photography & Design you are committing to buy and pay for the ordered products.
Due to the custom nature of the work, payment for your order must be placed in full. Once an order is sent to the lab or digital files are submitted to the client either by CD, USB, electronic transfer or email, the order is deemed nonrefundable.
Almost all Mary O. Photography & Design clients invest in digital files. Mary O. Photography & Design does not guarantee print quality of images printed at consumer printers. However, it is recommended all personal prints be made at Digital Pro Lab for the best possible results.
Digital Pro Lab
Due to the digital nature of the product, all digital sales are final and non-refundable.
Design work and custom graphics will be approved for color and layout in-person on our professionally color calibrated monitors at the ordering appointment. Only font style, spelling and wording may be approved through electronically emailed proof. Requests for reprints due to color shift on emailed proofs will not be honored.
All orders are presumed to have been received in good condition unless the Client notifies Mary O. Photography & Design in writing of any discrepancy or error within 24 hours of receipt. Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client. Returns will not be considered for incorrectly ordered items or items ordered in error.
Personal Injury or Damages to Property
You agree to hold harmless, Mary Oakes, her representatives, heirs, employees and Mary O. Photography & Design, from any dispute in the event you or your family become injured during your session or while on the studio premises.
Mary O. Photography & Design and its representatives will not be held liable for any injury to you, your children or your family members, or for any damage to your property during the photo session or while on studio premises.