SCOPE OF SERVICES

The Photographer agrees to provide professional photography services (the "Services"). This includes a short initial consultation to specific photography needs, and any special requests.

PAYMENT AND ADDITIONAL FEES

The agreed date and Services will be locked in once the Contract is signed and the non-refundable deposit is paid. Any remaining balance will be due at your session/event date. The Client shall be responsible for any additional fees or expenses incurred beyond the scope of the original Services outlined in this Contract, including but not limited to transportation to the venue, accommodation, and flight tickets. Travel within 30 minutes from Strong, ME will be free of charge. Any location beyond that will be charged at a rate of $.65 per mile for a two-way trip. If the event/session requires special permits or fees for photography at the chosen location, the Client is responsible for obtaining and covering these costs. If an additional Photographer or assistant is required, a fee of $500 shall be charged. I am happy to change your session for you, with adequate notice.  Portrait fees are forfeited for appointments canceled without 32 hours notice. 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 retail value of the client’s order. In the event there is a dispute under this contract, the parties agree that the loser will pay the winner reasonable attorneys’ fees. The venue shall reside in Franklin County, Maine.

ORDERING PRODUCTS

Usually within two – three weeks, your images will be ready for your review either in person at the studio or virtual over Video which is a live reveal. This will be the time place your order.

CREATIVE CONTROL

The Photographer retains creative control over the final edited images and the overall artistic direction of the Services provided. The Client acknowledges that they are aware of the Photographer’s artistic and editing style, which will be applied to the images provided. The Client may request minor adjustments to brightness, contrast, and color balance, or the removal of small blemishes or distractions. The Photographer reserves the right to accept or decline editing requests based on their professional judgment. ie. Body reshaping.

REFUND POLICY

The deposit paid is non-refundable. If the Client fails to attend the event/session without prior notification, no refund will be issued. If the Client is dissatisfied with the quality of the services provided, they must notify the Photographer within 7 days of receiving the final edited images. The Photographer will make reasonable efforts to address any concerns the Client has. Including another session.

Once additional products (e.g., prints, albums) have been ordered and payment has been made, no refunds will be issued. The Client acknowledges that they will be responsible for carefully reviewing and approving all product specifications before approving and confirming the order.

CANCELLATION

In the event that the Client wishes to cancel the photography services, a written notice must be provided to the Photographer at least 7 days prior to the scheduled date. The non-refundable deposit will not be returned, but any additional fees paid apart from the deposit will be refunded.

RESCHEDULING

The Client may request to reschedule the event date by providing written notice to the Photographer at least 7 days prior to the originally scheduled date. If a written notice is not provided at least 7 days before the initial date, an additional fee of $25 will apply. Rescheduling is subject to the Photographer’s availability. If the Photographer is unable to provide the Services due to unforeseen circumstances such as illness, injury, or emergencies, the Photographer reserves the right to reschedule the Services to a mutually agreed-upon date. If rescheduling is not possible, a full refund of any fees paid, including the deposit, will be provided.

ORDERS

When your print order is placed a minimum deposit of 50% is due. When your frame order is placed 100% is due. Balance is due when your order is picked up. Print orders will normally be filled within three weeks after a 50% deposit has been made. Framed orders can take up to four weeks or more. If mail orders, appropriate shipping/handling and insurance fees will be charged. Late orders if orders are not placed within 60 days of session/event then an extra fee of $50 will be applied to your order, unless it is a reorder.

ALBUM ORDERING

Using special design techniques, Alana’s Fine Art Photography will advise in the layout of the album(s), however, all choices by the Client will prevail. Album orders will include choice of photographs selected and these are made following inspection of the captured images. To begin designing the album(s) a deposit of half of the balance is required. The balance will be due upon pick-up. Following the notification of completion of order, unpaid balances will be subjected to a 1.5% monthly service charge after 30 days. We are not responsible for albums left unclaimed after 45 days. Delivery of Alana’s Fine Art Photography hand-assembled album(s) ordinarily occurs within 8 -14 weeks. This time may vary based upon the size of the album(s).

No part of any order will be delivered until the balance is paid in full.

State of Maine sales tax will be added to your entire order including session fees, at the end.

INDEPENDENT CONTRACTOR

The Photographer is an independent contractor and is not considered an employee, partner, or agent of the Client. The Photographer may provide photography services to other clients during and after the term of this Agreement.

SOCIAL MEDIA AND ADVERTISEMENT

The Photographer reserves the right to post videos and photos taken during the Services for promotional and marketing purposes, including but not limited to a website, social media, portfolio, and advertising materials. The Client grants the Photographer the irrevocable and unrestricted right to use these photographs without any compensation for sensitive images approval must be give by the client signing a release from.

OVERTIME AND DELAYS

An overtime fee of $175/hour shall be charged if the Services exceeds the allotted time frame due to factors beyond the Photographer’s control. A delay fee of $50 shall be charged every 20 minutes if the Client isn't ready for their photoshoot appointment.

RAW IMAGES

Raw images are not included in the deliverables unless explicitly stated in the package or additional services. Raw images are unprocessed and require specialized software, editing, and expertise before being ready for use. Thus, the Photographer is not responsible for providing any raw images to the Client.

Digital Files

Maybe purchased for a separate fee and a release will be provided. I discourage digital only purchases.

PRODUCT DELIVERY

The Photographer will provide the Client with a minimum of 1 retouched image and a group of no less than 20 non-retouched images of which are available to order prints and the like. The Client will get to select their favorite images for further editing and printing. If the Client wishes to have more images processed or edited, an additional fee starting at $15 per 15 minutes per photo will apply. Any ordered digital edited images will be delivered to the Client as JPEG, which are digital formats. These images are suitable for printing or digital/online use. The Photographer will deliver the final images within 15 days after the ordering appointment.

RETOUCHING

Upon delivery of requested retouching changes, the Client will have 5 days to review and request any additional changes or editing, if needed. After this period lapses, a $25 fee will apply. Any additional products, such as prints or albums, are available to purchase at an additional cost during your ordering session.

USAGE RIGHTS

The Photographer will retain rights to all photos or video produced from the Services provided. The Client is granted personal and commercial use licenses, which allow the Client to use these images in a limited way for an unlimited period of time.

Federal Copyright Laws protects these images and should not be copied or scanned or used without permission even online.

NOTICE of Federal Copyright Laws: It is ILLEGAL to copy or reproduce these photographs elsewhere without photographer’s permission, and violators of the Federal Law will be subject to its civil and criminal penalties. Digital files and previews remain the exclusive property of Alana's Fine Art Photography. This Contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.

Album Orders: Using special design techniques, Alana’s Fine Art Photography will advise in the layout of the album(s), however, all choices by the Client will prevail. Album orders will include choice of photographs selected and these are made following inspection of the captured images. To begin designing the album(s) a deposit of half of the balance is required. The balance will be due upon pick-up. Following the notification of completion of order, unpaid balances will be subjected to a 1.5% monthly service charge after 30 days. We are not responsible for albums left unclaimed after 45 days. Delivery of Alana’s Fine Art Photography hand-assembled album(s) ordinarily occurs within 8 -14 weeks. This time may vary based upon the size of the album(s).

Financing Option: I offer 6 month interest free payment plans with monthly installments. No part of any order will be ordered until balance is paid in full.

Use of Images: Alana's Fine Art Photography reserves the right to use images for reproductions for advertising, display, publication, exhibits, or other purposes. Boudoir clients will receive a separate release where you can opt out or in for a selection of image. Such photographs can be used as samples of photographic work to be shown to prospective clients, and for instructional or institutional purposes consistent with the highest standards of taste and judgment. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Alana's Fine Art Photography in the event of litigation arising out of such use.

FORCE MAJEURE

Neither party shall be held responsible for any failure to perform under this contract due to causes beyond their control, including but not limited to natural disasters, extreme weather, accidents, and travel disruptions.

DISPUTE RESOLUTION

If direct communication does not lead to a resolution, both parties agree to engage in mediation by a neutral third party. The cost of mediation shall be shared equally between the parties. In the event of any legal action or proceeding related to this contract, the prevailing party shall be entitled to recover all its legal fees.

SEVERABILITY

If any provision of this contract is found to be invalid, illegal, or unenforceable under any applicable law, the provision shall be severed from this contract without affecting the validity, legality, or enforceability of the remaining provisions.

INDEMNIFICATION

The Client agrees to indemnify and hold harmless the Photographer and their affiliated agents and employees from and against any and all claims, injuries, liabilities, damages, and costs, including reasonable attorney's fees, arising in connection with the Services provided, except in cases of gross negligence or willful misconduct.

BACKUP AND STORAGE

The Client is responsible for downloading and securely storing the images upon receipt. The Photographer will retain copies of the final edited images for 90 days after the delivery of those images. Beyond this period, retrieval of these images is no longer guaranteed, and an archival retrieval fee of $50 will apply for images that can be retrieved upon the Client’s request.

Security and Privacy 

Terms of Use

Terms and Conditions

 Agreement between User and Alana Ranney of Alana’s Fine Art Photography afinephoto.com

The afinephoto.com website (the "Site") is comprised of various web pages operated by Alana’s Fine Art Photography. afinephoto.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of afinephoto.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

afinephoto.com is a photography Site.

The purpose of our site is to show the portraits we have created and the space where we create these portraits.

Your use of afinephoto.com is subject to Alana’s Fine Art Photography. Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

The information I collect from you is always kept private. Wedding information questionnaires contain a lot more personal story-telling information, but that's all optional, and it can be for publication, which you can opt-out of in the contract. This information is secure through my hosting website.

I will always value your privacy

I will never make reasonable privacy requests a cost or a prohibitive factor to receiving photography.

I will never sell your information to a third party.

I will never share your information or images without your permission - including with fellow vendors.

I will never put your information at risk by using unsecured devices or websites.

I will always notify you if your information has been subjected to a data breach from one of the systems that I rely on.

I will only share information with law enforcement if subpoenaed or presented with a warrant and I will notify you promptly unless explicitly prohibited.

I will permanently delete your data from all of our systems within 30 days of a formal request in writing.

If safety issues arise, you may revoke a previously signed model release clause by executing a new contract with us.

You can unsubscribe from emails - although I’d really love to have you kept in the loop with me!

Payments made to me are kept on Square or Squarespace. Only myself has administrative access to these platforms and devices from which I can access. All the information is encrypted and protected from intruders in various ways. In order to provide you with excellent service, your basic information like name and email may be spread between various service providers, but I keep that to a minimum whenever possible.

 When you book a session with me, both of us will sign a pretty involved contract. Why so long? Because I value educating clients -it's educational and explanatory. Please refer to the section devoted to my use of images and every clause within that section YOU may opt-OUT. That means you can say No to allowing me to display your images on my site, or social media, or to submit a session for publication, to use in trade use or for other business purposes. Why do I do this? Because I understand that there are safety concerns for some people and families. Also, my model releases cover a variety of uses.

Electronic Communications

Visiting afinephoto.com or sending emails to Alana’s Fine Art Photography constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use one of my ordering sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Alana’s Fine Art Photography is not responsible for third-party access to your account that results from theft or misappropriation of your account. Alana’s Fine Art Photography and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Alana’s Fine Art Photography does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Alana’s Fine Art Photography only with the permission of a parent or guardian.

 Links to Third Party Sites/Third Party Services

afinephoto.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Alana’s Fine Art Photography and Alana’s Fine Art Photography is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Alana’s Fine Art Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alana’s Fine Art Photography of the site or any association with its operators.

Certain services made available via afinephoto.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the afinephoto.com domain, you hereby acknowledge and consent that Alana’s Fine Art Photography may share such information and data with any third party with whom M Alana’s Fine Art Photography has a contractual relationship to provide the requested product, service or functionality on behalf of afinephoto.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use afinephoto.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Alana’s Fine Art Photography that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Alana’s Fine Art Photography or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Alana’s Fine Art Photography content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Alana’s Fine Art Photography and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Alana’s Fine Art Photography or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by Alana’s Fine Art Photography from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Alana’s Fine Art Photography Content accessed through AFINEPHOTO.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Alana’s Fine Art Photography, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Alana’s Fine Art Photography reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Alana’s Fine Art Photography in asserting any available defenses.

 Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALANA’S FINE ART PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ALANA’S FINE ART PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALANA’S FINE ART PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALANA’S FINE ART PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALANA’S FINE ART PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Alana’s Fine Art Photography reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine and you hereby consent to the exclusive jurisdiction and venue of courts in Maine in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alana’s Fine Art Photography as a result of this agreement or use of the Site. Alana’s Fine Art Photography's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Alana’s Fine Art Photography's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Alana’s Fine Art Photography with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Alana’s Fine Art Photography with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Alana’s Fine Art Photography with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Alana’s Fine Art Photography reserves the right, in its sole discretion, to change the Terms under which afinephoto.com is offered. The most current version of the Terms will supersede all previous versions. Alana’s Fine Art Photography encourages you to periodically review the Terms to stay informed of our updates.

Contact Me

Alana’s Fine Art Photography welcomes your questions or comments regarding the Terms:

PO Box 24 Strong, ME 04983 207 – 320-8147