Terms & Conditions
1. Payment. A $50 deposit is due upon scheduling to reserve the session date. This is a non-refundable deposit that will be applied to the session fee. The sitting fee is due in whole on the day of the session. Subsequent payment for prints or other services will be due upon delivery of services, at that time an itemized invoice will be provided.
2. Cancellations. Cancellations can be made up to 48 hours before the session. If the Client does not show up to the session, the Client may incur a charge of 50.00 cancellation fee applied to the next session if it is rescheduled and the deposit will be forfeited.
3. Sick Children. Sick children should not be brought to a photographic session. If a child becomes sick the night before or the morning of the session, please call to re-schedule. If a child is brought to the session and is too sick to have an enjoyable experience, the Photographer reserves the right to cancel the session on the spot and charge a $50.00 cancellation fee. Which will be applied to the next session.
4. Reviewing Images. Images will be ready for viewing approximately two weeks after the session. There will be a half hour, in studio, meeting to review the session. An online gallery will then be uploaded for the client to view for a set amount of time. Other family members may view the gallery as well as place their own orders. There will be a 10% discount on orders placed within 3 days of the proofing session. Orders can be placed over the phone, by email or online through this site. The price list is located on line within the Utopia website. Checks, cash or credit card payments are accepted.
5. Photographic Materials. All photographic materials, including negatives, shall be the exclusive property of Utopia.
6. Copyright and Reproductions. Utopia shall own the copyright on all images created and shall have the exclusive right to make reproductions. Utopia shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
7. Client’s Usage. The Client is obtaining prints or books for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Utopia. Any scanning or reproductions of the prints created by the photographer, is not allowed and falls under the copyright infringement. Client may not use images for use in books, slideshows, or cards unless the Client gets written permission form Utopia.
8. Failure to Perform. If the Photographer cannot perform this Agreement due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, Utopia shall have no liability with respect to this Agreement. If the client wishes, another session can be set up between the two parties. 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 the Photographer. In the event that the Photographer frogs to perform for any other reason, Utopia shall not be liable for any amount in excess of the retail value of the Client’s order.
9. Inherent Qualities. Client is aware that the chemicals dyes in photography may fade or discolor over time due to inherent qualities and the Client releases Utopia from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
10. Photographer’s Standard Price List. The charges in this Agreement are based on Utopia’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
11. Storage. Utopia will file all negatives or scans for up to two years from the date of the session. After two years, Utopia has the right to dispose of the said negatives or scans. Each session’s negatives will be moved offsite 90 days after the session date, and as a result, any orders placed once this has occurred will be subject to a retrieval fee of $50.00 and a minimum order requirement of $100.00.
12. All digital reproductions or designs created by Utopia are not archived past 90 days.