In order to book a headshot or branding session with us, you must agree to the terms and conditions that are set out below:

In the following terms & conditions, the term “photographer” shall mean Ascend Photography LLC. The “clients” shall be those persons defined as those getting their headshot taken and delivered. These terms & conditions cannot be varied by the clients unless such conditions are expressly agreed by the photographer in writing.

Terms & Conditions

Session fees cover the time and talent of Photographer, all the digital images created during the session, retouching and creative editing of images, online gallery, and usage license.

In the very unlikely events of a cancellation by the photographer or of total photographic failure, the client has the choice to reschedule liability shall be limited to a full refund of any fees paid.

session fees

forced Cancelation

Photographer hereby grants Client a non-exclusive license to use all the images produced under this Agreement. This usage license allows Client to reproduce, alter, share, and publish the images in any media, worldwide, for perpetuity. This usage license does not allow Client to sell the images or claim creative or production credit for the images without the Photographer’s written permission.

Photographer retains all copyrights to all images created during Client’s session. Photographer may transfer images to third parties and/or upload and store images on third party servers for post processing, archiving, publishing, file transfer, or any other reason Photographer sees fit.

Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events. Photographer is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for their employees and for themselves and release Photographer from any claims against their person or their business.

Photographer is an independent contractor, not an employee or partner of Client. Photographer is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.

Usage License & Copyright

 Indemnification

 Independent Contractor Relationship

A credit/debit card number is required upon booking to secure an appointment and for charging any cancelation fees. Session fees may be paid upon booking or in person upon completion of the session. Any additional services not selected upon booking may be added during the session if time permits.

Payment

If an illness or unforeseen situation prevents a photo session from taking place, Client may cancel or reschedule the session at least 48 hours prior to their shoot without penalty. Should the Client cancel or reschedule within 48 hours of their session, a $75 cancelation/reschedule fee will be billed to the Client’s credit card on file or invoiced to the Client if no card is on file. If the Client cancels their session and has pre-paid for their session, they will receive a refund in the amount of the session fee minus the $75 cancellation fee. If the Client reschedules their session and has pre-paid for their session, the session fee will be retained by the Photographer as payment towards the rescheduled session or refunded to the Client upon request. Photographer reserves the right to cancel or reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. carry glossier.

Rescheduling & Cancellations.

If the Photographer cannot perform this job due to fire or other casualty, weather, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return any pre-paid fees to the Client and shall have no further liability. This limitation on liability shall also apply in the event that photographic materials are damaged in processing; lost through camera, computer, or hard drive malfunction; or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the agreed session fee.

Due to the custom nature of each session, all sales are final. Refunds will not be provided once images are delivered to Client.

Failure to Perform.

 All Sales are Final

Re-shoots are determined at the discretion of Photographer. Re-shoots will not be provided for poor choices of clothing or location, make-up or hair issues, weather related issues, or issues arising from not following the recommendations of Photographer.

Re-shoots

All images will be available for Client to view and download for a minimum of 60 days. After this time, Photographer is not responsible for loss or damage to the digital image files and may charge a service fee for re-delivering a copy of the images. Photographer will make an effort to archive all original and retouched digital image files on physical hard drives and/or third party cloud servers for as long as Photographer deems reasonable, but no specific time is guaranteed.

Archive

After Client receives their proofing gallery, they will be asked to make their selections for retouching. Retouching turnaround for individual sessions is 3-5 business days after Client makes their selections or 5-7 business days for group sessions. Retouching includes but is not limited to color and tonal corrections to the overall image, cropping, sharpening, removing flyaways or distracting hairs, reducing shine on the face, balancing out skin tone, removing non-permanent skin blemishes like redness, shaving rashes, and acne, softening shadows on the skin, reducing the appearance of lines and bags under eyes, brightening and whitening eyes, brightening and whitening teeth, removing lint or blemishes on clothing, smoothing out ruffles and wrinkles on clothing, and removing any distractions in the image. The retouching process does not include removing any permanent features like scars, moles, deep wrinkles, piercings, and tattoos or altering physical features like body shape, skin color, or facial expressions unless requested by the Client. Once complete, the retouched images will be added to Client’s online gallery and delivered via a link e-mailed to Client.

Retouching

An online proofing gallery of Client’s images will be available for viewing and download within 24 hours of their session. Client will receive a link to access this gallery via the e-mail they provided upon booking. All images will be available for online viewing and download for a minimum of 60 days after the delivery date. During this time, Photographer encourages Client to download all images and save a copy to a computer and backup hard drive. After 60 days, Client’s images may be purged from the server and the Client must request a new link to a new gallery.

Proofs & Image Delivery

Unless a result of gross negligence or willful misconduct, the liability of either party to the other for any type of damages shall be limited to the amount of Photographer's total fees under this Agreement.

After Client receives their proofing gallery, they will be asked to make their selections for retouching. Retouching turnaround for individual sessions is 3-5 business days after Client makes their selections or 5-7 business days for group sessions. Retouching includes but is not limited to color and tonal corrections to the overall image, cropping, sharpening, removing flyaways or distracting hairs, reducing shine on the face, balancing out skin tone, removing non-permanent skin blemishes like redness, shaving rashes, and acne, softening shadows on the skin, reducing the appearance of lines and bags under eyes, brightening and whitening eyes, brightening and whitening teeth, removing lint or blemishes on clothing, smoothing out ruffles and wrinkles on clothing, and removing any distractions in the image. The retouching process does not include removing any permanent features like scars, moles, deep wrinkles, piercings, and tattoos or altering physical features like body shape, skin color, or facial expressions unless requested by the Client. Once complete, the retouched images will be added to Client’s online gallery and delivered via a link e-mailed to Client.

Limitation of Liability

Miscellany