Terms and Conditions

  • 1.     This section details the terms and conditions of a mini session.

    2.     Digital Copy: The Client will receive digital copy of fully edited high-resolution images to be delivered by electronic download within 4 weeks of the mini session.

    3.     Cancellation/Postponement: The Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancelation or postponement of the portrait session/agreement by the Client, the deposits paid are non-refundable. Deposits are transferable for a future Mini Session that will be set forth by the photographer if a date change is necessary, however, there is no guarantee that the new Mini Session will meet a time/date that may work in the Client's best interest.  A 48-hour notice is required to reschedule.

    4.     Late Fee: Client shall arrive on time to the session. A $50 late fee will be assessed if client is late 10 minutes or longer. The photographer will work for the remainder of the allotted session timeframe; and subject to the Photographer’s schedule, they can extend if there's availability, but please note that an extension is not guaranteed. In addition, gallery of photos will not be delivered unless the Late Fee has been paid in full. If Client’s photo session takes place in the evening time frame, the Photographer cannot be held accountable, for losing natural light due to Client’s late arrival because of sunset. If the Client is more than 20 minutes late, the session will be cancelled and is non-refundable and non-transferable. Furthermore, please note that the number of photos to be delivered will decrease based on start time after later arrival.

    5.     Failure to Perform: If the Photographer is unable to perform this agreement due to illness, emergency, weather, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If unable to reschedule, photographer will refund the amount that was paid by the Client.

    6.     Weather: If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and the Client will reschedule to a new date with no additional charge. Depending on the location chosen for the date of the photoshoot, location may not be available on the rain date stated above. If this is the case, photographer will choose a location and notify client on the new photography location for the rain date.

    7.     Cooperation/No show: The Photographer is not responsible if the Client fails to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If the Client fails to appear to a scheduled portrait session, the deposits are non-refundable.

    8.     Copyright: All images are copyrighted to and remain the property of The Blushing Lotus, LLC.

    9.     Client’s usage: The Client is obtaining digital images for personal use only and shall not sell prints or authorize any reproductions by parties other than the Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from the Photographer. A credit line which reads “The Blushing Lotus” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.

    10. Photo release: The Client grants to the Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client, the Client’s child or children, or in which the Client may be included for editorial, trade, advertising, and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and her legal representatives and assigns from all claims and liability relating to photographs.

    11. Indemnification: The Photographer shall be held harmless and not legally responsible for any and all loss (including liabilities, claims, demands, causes of action, and expenses of every kind and nature, whether or not covered by insurance), injury, illness, or damage resulting from any cause (including negligence of any party) to the Client, or any other Participating Parties during the course of the photographic event and the immediately surrounding activities. This obligation to indemnify, defend and hold harmless the Photographer shall survive termination of this Agreement.

    12. Attorney’s Fees: The Photographer is entitled to reasonable attorney fees in any action to which it prevails in enforcing the Agreement. If this contract is brought to legal action against the Photographer, the Client shall cover full attorney’s fee and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action.

    13. Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Virginia.

    14. Waivers: The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

    15. Exhibition: Client grants the Photographer permission to display selected images resulting from this assignment as an example of the Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

    16. Event Duration: Due to the nature of Mini Sessions, additional time to extend photography is not available.

    17. Photo editing: All photos delivered to the Client will have basic edits, color balancing, and light edits to soften skin tones.  The Client agrees that this is a direct reflection on the Photographer’s brand and style. Requesting further edits beyond what is delivered will result in extra fees. Fees will be determined at the time of request based the involvement of editing needs. Editing fees must be paid in advance for the Photographer to begin working on edits.

    18. Props: Use of any props during the photo session must be discussed with the Photographer in advance. There is no guarantee that photographs of the agreed upon props will meet the Client’s expectations. There are several factors that affect photographing props, such as texture, material, and/or fit that may not contribute to optimal results of photographing the props. Therefore, the Photographer cannot be held accountable.

    19. Changes to this agreement: There may be additional charges if changes are made to this agreement. The Client may increase the period of the Photographer’s service on the portrait date, provided the Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by the Client prior to delivery of the proof book. The Client may not decrease the period of the Photographer’s service on the portrait date. If the period of the Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, the Photographer shall reschedule the portrait session at no additional cost.