Terms & Conditions

Doug Ellis Photography Terms and Conditions

Agreement and Acceptance of Terms

 All agreements and transaction between Doug Ellis Photography and clients are subject to these terms and conditions. All clients who complete an order for images or book a session from Doug Ellis Photography agree from that point forward to be bound by these terms and conditions.

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Doug Ellis Photography, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of the United States and the State of California, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of California. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Doug Ellis Photography.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Doug Ellis Photography and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.

Artificial Intelligence–Use Of

AI is currently being used in our industry toward ideation, writing, and image creation, filtering, and editing, and is already integrated into the Adobe Creative Cloud and other accessible software titles. Based on the rapid and continued development of these tools and their usage, concerns have been raised related to the ethical use of AI. It is assumed that in the next five years (by 2030), AI systems will impact professional photographers further and the guidelines offered below allow for responsible use.

AI-generated images can serve as a central element in your creative projects. This means you can incorporate these images into your own designs, enhancing the overall aesthetic and uniqueness of your work. AI-generated images are a powerful tool to inspire and add a unique twist to your creations. However, it’s crucial to remember the nuances concerning copyright regulations and professional uses of the carbon-created manual images we take based on the usage guidelines below. 

Whenever Artificial or Generalized Intelligence is used to generate a composite still of moving image using one of the images we have created or based on a text prompt generated with our discovery process, we will identify it as such. As part of your image licensing agreement you have the ability to incorporate your digital assets with an AI language model provided you identify it as such.

Copyrights

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE GENERALLY NOT SOLD EXCEPT FOR IN COMMERCIAL CASES OF ALL FULL RIGHTS BUYOUT.

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

The term of license begins from the date Doug Ellis Photography receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Doug Ellis Photography.

Unless otherwise agreed, Doug Ellis Photography retains the right to use the Image(s) for his self-promotion.

Doug Ellis Photography retains copyrights on all images and reserves the right to use and publish in their portfolio, advertising material (including print, web, blog, social media channels and promotions on third party websites), publication, competitions and any other purpose and in any manner and medium unless written refusal is provided by the client.

The 1988 Copyright Act (a Doug Ellis Photography automatically has copyright of a photograph, as the creator of the artwork) assigns the copyright to Doug Ellis Photography

Doug Ellis Photography retains the right to use the photographs or images in any manner, at any time and in any part of the world for self-promotional purposes – including but not limited to advertising, publication, publicity, display, web content or anything else promoting our business. The client hereby releases Doug Ellis Photography and its legal representatives and assigns from all claims and liability in relation to said photographs.

The client is hereby granted an Exclusive License for Use in the US (which may not be transferred or assigned without the express written consent of the Doug Ellis Photography) – for personal use only – conditional upon receipt of full payment by Doug Ellis Photography within the payment period agreed. No other right besides those specifically included in the License are granted in respect of the work(s). All rights not expressly granted to the client, remain the exclusive property of Doug Ellis Photography

No images produced by Doug Ellis Photography  may be edited or reproduced for commercial use without explicit written consent. The client may not redistribute any photographs for profit, commercial endeavors, professional display, photographic competitions or any use other than your own private use. All photographic materials, including but not limited to digital files, remain the exclusive property of Doug Ellis.

Digital Delivery, Negatives and Archive Raw Files

Images are published to an online gallery for up to six months for you to use and share and enjoy and download/archive and order prints from. Selected retouched files are also delivered to the initial image gallery under a section called Retouched Favorites. After six months the gallery moves to expired/archived status and may be reactivated within another year for an additional $75 resurrection fee.

Digital Negative, RAW and/or unedited files are stored on redundant hard drive and cloud-based backup systems and will be stored for archiving/safekeeping or future print orders, generally for up to three years. While Doug Ellis Photography may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Doug Ellis Photography cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.Digital negatives or RAWS are not provided as part of your session and require an additional licensing fee and arrangement in writing stipulating the quantity and use. They are sometimes provided during commercial/agency work as a full rights buyout. under particular exclusive situations in writing or during a full rights buyout.

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Doug Ellis Photography and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Doug Ellis Photography becoming unusable.

All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.

Any requests for the Doug Ellis Photography to reproduce images that were already delivered will incur a $75 processing/handling fee.

Captions/Credits

The Client and/or fellow Service Provider/s agrees to provide a credit line (byline) in the form of the Doug Ellis Photography’s trade name Doug Ellis Photography in type no smaller than the nearest text and immediately adjacent to the image used, or the editorial fee is converted to the full commercial rate. All service providers hereby agree to give credit to Doug Ellis Photography for all images produced and provided to them by Doug Ellis Photo as described above with a link to either dougellis.com or Instagram @dougellisphoto.

Deposit for Booking

A 50% deposit is required to book a session and secure a date on the calendar. The online scheduling calendar allows reservations no less than 24 hrs in advance and no more than six months in advance.

Discounts

Liability – Doug Ellis Photography shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect. Doug Ellis  Photography shall not be held responsible for any misuse of images by third parties.

The Doug Ellis Photography is not responsible for the Client’s health and safety.

Child safety – Any babies or children or pets present at a portrait session are under their parents’ care and responsibility, and the Doug Ellis Photography is not responsible for their health and safety.

Media Release, Consent and Doug Ellis Photography’s Promotional Use of Images

The client hereby consents and agrees that Doug Ellis Photography has the right to take photographs of you and/or your child(ren), pets and/or property, if applicable. The client hereby certifies that he/she is the parent or legal guardian of any minor(s) as represented in this contract, if applicable and have the legal right and authority to execute the model release, as stipulated in this contract, on behalf of the minor(s) – to be used as described above. In addition Doug Ellis Photography has the right to publish images on his/her social media and website channels for the publicity purposes.

Any payment made to us (deposit and/or final balance settlement) indicates that you have read and understood all the terms and conditions as set out in this document, in its entirety. Your payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly, and in writing, prior to accepting our service. No variation of the terms and conditions of this contract shall be recognized unless explicitly agreed to in writing. The commencement of the shoot signifies the acceptance of the Cost Estimate in its entirety, and the adoption of this agreement and all its terms and conditions by all parties. Unless otherwise agreed, the use of any image(s) prior to full payment shall be considered an unauthorized use. Client agrees that the reasonable and stipulated amount will be paid to Doug Ellis Photography for such an unauthorized use will be double the invoice total.

This agreement shall be governed by the laws of the State of California.

Privacy Policy

Refund Policy for Prints or Products

For orders placed and cancelled in the online gallery, you may receive a full refund from the payment processor if you cancel prior to the order being queued to the print lab. For orders that are fulfilled and shipped, exchanges/credits are available for any items damaged in transit or printed or produced in a defective manner due to poor workmanship. We may reprint an item at cost if it was mis-ordered or incorrectly entered online. Returns will not be considered for incorrectly ordered items or items ordered in error.

If your forgot or were unable to enter a coupon code before placing the order, the discount amount may be refunded by the payment collector after the sale.

Refunds and Reschedules for Session Fees

Session deposits cancelled within 4 weeks of the session are fully refundable. Deposits cancelled within  2 weeks of the session date are 50% refundable and deposits cancelled within a week of the session are non refundable. If you have to re-schedule, please do so at least 7 days prior to your booking date, so that we have time to fill your booking slot.

Should you/your children be ill or have a family emergency, death in the family or any other life-altering or grotesquely disfiguring situation, you may reschedule your session – please notify us as soon as possible (preferably at least 24hrs in advance if possible).

If you have booked an outdoor/weather dependent photo session, we will contact and advise to re-schedule due to unsuitable weather, and possibly make indoor arrrangements. If that is not possible and your booking date be flexible, your session will be moved to the next suitable/available date at no additional cost. Otherwise we will refund the session fee for inclement weather including rain and high winds.

No shows are charged a $100 no show fee in addition to the standard session fee. 

Rescheduling

1. Rescheduling – Doug Ellis Photography offers two re-schedules free of charge Additional re-schedules require $100 addition to the session deposit to be paid. The Session Fee is transferrable but non-refundable.
2. If the Client does not attend their shoot, their fee is forfeited.
3. If the Client is late, this will cut into the session time.
4. The Doug Ellis Photography maintains the right to reschedule if needed due to illness or emergency.
5. Outdoor shoots – the Doug Ellis Photography maintains the right to reschedule if needed due to bad weather. If the Doug Ellis Photography determines that the weather is so bad that an outdoor session can’t take place, then the Client’s shoot will be rescheduled at no extra cost. Due to the vagaries of the weather and location, it may not be possible to capture all the images requested.

Retouching

1. Retouching – online proofing gallery images are toned and lightly processed but not retouched. the Doug Ellis Photography will provide complimentary light retouching to all print purchases that are 11×14” or larger.
2. In depth retouching is available with some session packages and also with a purchase of a high res retouched digital download.
3. Retouching is $75/file for the first two images and $50/file for three or more images.
4. What’s included in light retouching: color adjustments, exposure corrections, softening of the skin, reduction of under eye shadows and lines, removal of temporary blemishes, dust flecks and flyaway hairs.
5. What’s not included in light retouching: body contouring, slimming of body parts, smoothing wrinkled clothing, creating new elements e.g. new hairstyle, new background or new clothes.

Reshoots

On occasion due to preparatory or ancillary and tertiary reasons other than aesthetic or stylistic differences we will both agree to do a re-shoot of a particular session. Cost for reshoots is generally half the original session fee unless we agree in writing to a different fee structure.

Session Duration, Punctuality and Location

There is a reminder email and text with the studio address and phone generated 24 hours prior to your session. Please be on time for your photo session and let us know if you are running late. Generally your session will still start at the scheduled time and not at the time of arrival, which will result in less time for your session and possibly fewer final images. Please keep in mind that we may have other responsibilities after your session and therefore may have to cancel, if you are unreasonably late. In this case the client will forfeit the full session fee and will have to reschedule the session at an additional cost, when we have a suitable opening available.