Terms and Conditions
Last updated: March 27, 2022
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.elleblanchephotography.com (the “Service”) operated by Elle Blanche Photography (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By booking Elle Blanche Photography directly or through a third-party promotion (i.e. Living Social, Groupon, Amazon, Event Planners, other vendors, etc.), Client agrees to all copyright terms, agreements, and conditions below and understands all terms, agreements and copyright that automatically comes with an artists’ rights:
Copyright & Use of Images:
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Elle Blanche Photography’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.
A DVD CD-ROM with standard high-resolution digital photographs (prints up to 8″x12″ IF negotiated) will be sent to the Client upon completion of the editing process. Clients will have the limited right to make and use copies of the digital images provided, for their own use in e-mail and on personal web pages with watermarked images. Clients cannot crop, change, or modify the images without permission from Elle Blanche Photography and RAW or unedited images are never released to the client since the Client does not have the copyright to the images. They may share the DVD-CD ROM of images and watermarked images in social galleries only with a link to Elle Blanche Photography’s website or social media sites (www.elleblanchephotography.com or Facebook/Twitter/Instagram/Pinterest etc.) to give proper credit to Elle Blanche Photography. Clients will not make copies for sale or for the purpose of circumventing the sale of images by Elle Blanche Photography, nor will the Client authorize any reproductions of the images for commercial use or for photographic competition or display. Elle Blanche Photography will furnish the Client with a written release, which will allow the Client to make prints and other reproductions for personal, non-commercial use and distribution. Elle Blanche Photography retains copyright in all images created and will have the right to make reproduction for portfolio samples, self-promotion, and professional competition.
Elle Blanche Photography reserves the right to use digital images and/or reproductions for advertising, display, publication, or other purposes. Digital images and previews remain the exclusive property of Elle Blanche Photography.
Payment details and Obligation of the Client:
No part of any order, including previews, will be delivered until the balance is paid in full.
Shot list created are only used as guidelines and not guaranteed poses/shots. Client is responsible of notifying the photographer of any props they would like to utilize. Props must be provided by the client.
Client shall provide access to Elle Blanche Photography, its employees, or representatives to the session location(s). Client shall be responsible for acquiring all permits for all shooting locations if necessary including church, synagogue, parks, sites, or other venues for the event or session. The Photographers will abide by the rules of the church/synagogue regarding camera placement at the session, which may limit the photos that can be taken. Many countries, cities, counties, state agencies and private venues/businesses are charging photographers permit fees and Client is responsible for the payment of such fee. In the event client refuses to pay for any such permit fees, Client is responsible for any, and all related costs or fines if applicable.
Client shall pay for all travel fees, parking, tolls, and all other miscellaneous costs pertaining to the session/event to allow Elle Blanche Photography to perform its obligations under this Agreement.
For events, Client is responsible for family members, pets, and guests and ensuring they do not interfere with photographer’s work. If Client’s family, pets, or guests are not available or are uncooperative, Photographer is not responsible for “missing” images with specific guests. If session/event party or guests remains uncooperative or becomes rude or violent, and photographer and staff feels threatened or deem they are unable to continue their work, the photographer and staff will be able to leave the event and the session investment will not be refunded.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Elle Blanche Photography.
Elle Blanche Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Elle Blanche Photography shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or relating to use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation of Liability
In no event shall Elle Blanche Photography, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnification Liability
The Client shall defend, indemnify, and hold harmless Elle Blanche Photography from any losses, damages, costs, liability, or expenses resulting from The Client’s violation of the terms of this Agreement or any agreement involving the Client and the Photographer. The Client shall indemnify Elle Blanche Photography and hold the photographer harmless from and against any claim, losses, damages, costs, liability or expenses by any other person or entity resulting from the performance of his/her services under this agreement. Elle Blanche Photography is not responsible for any damages to Client’s formal wear, clothing, accessories, valuables, and all other items belonging to the client or guest, venue, other vendors, or those of their guests. The Photographer and any of her agents or third-party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of God, equipment, or other failures. The Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply if photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer’s liability is limited solely to the return of all payments received from the Client under this Agreement.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, art for a specific purpose, non-infringement, or course of performance.
Elle Blanche Photography, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any specific time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
External links disclaimer
www.elleblanchephotography.com may contain links to external websites that are not provided or maintained by or in any way affiliated with Elle Blanche Photography.
Please note that Elle Blanche Photography does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Governing Law
These Terms shall be governed and construed in accordance with the laws of The United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30-days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.