These Terms of Service reflect the way Brenda Bush Photography works, the laws that apply to our business, and certain things we believe to be true.
These terms help define the relationship between you and Brenda Bush Photography. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Brenda Bush Photography business works. When we speak of “Brenda Bush Photography,” “we,” “us,” and “our,” we mean Brenda Bush Photography, and its affiliates.
Services are provided by, and you are contracting with, Brenda Bush Photography, operating under the laws of the State of New York, USA.
“Session” is any of the photo shoots you have purchased and scheduled for a specific date and time during which we agree to take digital photographs (“Images”) of you and/or your family members.
1 ) All payments are non-refundable. You may reschedule your session once with written notice provided at least 24 hours in advance. Subsequent rescheduling requests and/or requests made less than 24 hours prior to your session will incur a $200 fee (“Rescheduling Fee”). Please arrive punctually for your Session. If you arrive 20 minutes past your scheduled date & time, we will have to reschedule your session for another day (Rescheduling Fee applies).
2 ) A Retainer is a fee paid in advance to hold our services. The retainer is nonrefundable and should be seen as securing services for a future date. The retainer fee is used to cover the initial costs of the services being rendered and retain our services on a certain date (or time period) whereby no one else could book our services. The retainer accounts for the first portion of service hours --such as how long it takes us to book the client, set up questionnaires, communication back and forth, etc., AND for the amount of work that we would potentially lose on that date we secured for you should you cancel or reschedule. By purchasing a retainer, you agree to pay the remaining balance of your session at the time of your session. Retainer fee can only be applied toward a session. All terms of service pertaining to your session apply. Failure to pay the balance of your session will result in cancellation of your session and a forfeiture of your retainer.
3 ) We maintain the right to reschedule your session due to inclement weather or unforeseen circumstances. INCLEMENT WEATHER POLICY: Should the weather forecast predict a 40% chance of precipitation (or higher) 8 hours prior to your session date & time, we will contact you to reschedule for an alternate date free of charge.
4 ) Sessions are limited to immediate family members. Grandparents and other extended family members must be arranged beforehand, and additional fees of $50/person will apply.
5 ) Other cameras or video recorders are not allowed at the session. Please respect this rule, as it can be distracting to babies and children and prevents us from doing our job to the best of our abilities.
6 ) In the unlikely event of a hardware failure, loss, or theft of our equipment, we are not responsible for any images lost or stolen. In such an event, we will issue you a full refund of all payments received for the session.
7 ) A few 'sneak peek' images will be available to view online within 24-48 hours of your session. Within two weeks after your session, professionally retouched photos will be available in a private online gallery. We select the images to finish based on a variety of things (lighting, composition, emotion, expression). The final gallery images are individually hand-edited by us. We do not show or provide RAW unedited images and they are not for sale.
8 ) We use our artistic discretion to edit the gallery images in our signature style. Additional editing requests are billed separately. Editing the images yourself, or by a third party, requires our consent.
9 ) Edited images will be delivered to you in high resolution digital file via download. We strongly encourage you to back up all downloaded images on more than one device.
10 ) Orders for prints and other tangible products (i.e. Gallery Wraps, MetalPrints, Keepsake Albums, etc.) may not be modified or canceled, and are subject to applicable Sales Tax. By placing an order, you agree that you have fully read and understand the product descriptions on our website Pricing page. If an item arrives damaged, please notify us in writing within 48 hours of receipt. Certain color and tonal variation may occur with all printed products.
11 ) All clients are required to sign a Model Release form.
Copyright License : In accordance with United States Copyright Law, we retain our own, sole, and exclusive copyright to all images, including but not limited to our use of them for marketing purposes. If you would prefer that we do not share nude or breastfeeding images, please specify in writing when purchasing your Session. Your use of the images is limited to personal, non-commercial purposes, and you may not sell or assign the images to a third party.
Privacy Add-On ($500): Please understand that as professional photographers, our business is reliant on showcasing recent samples of our work on our website, social media and marketing materials. If you wish to keep all of the images from your Session private, we offer a Privacy Add-On that may be purchased prior to your Session.
Waiver : You release Brenda Bush Photography and its employees & contractors from all claims, damages, and liabilities that may result from accidents or incidents that occur during the session. You release and discharge us from any and all claims and demands ensuing from or in connection with the use of the images, including any and all claims for libel and invasion of privacy. This authorization and release shall inure to the benefit of the legal representatives, licensees and assignees of Brenda Bush Photography.
Settling Disputes, Governing Law, and Courts: New York law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of New York County, New York, USA, and you and Brenda Bush Photography consent to personal jurisdiction in those courts.
Understanding these terms is important because, by using our services, you’re agreeing to these terms.
Terms of Service
last updated August 15, 2022
BRENDA BUSH PHOTOGRAPHY