Terms & Conditions

1. Services and Scope

1.1 Photographer provides photography and/or videography services as described in the applicable agreement, including still images and, where specified, motion content. Deliverable counts, formats, resolutions, and timelines are set out in the engagement scope.

1.2 Photographer exercises artistic judgment in capturing, selecting, processing, and delivering. Delivered works reflect Photographer’s interpretation of the brief. Photographer reserves the right to release only those images meeting Photographer’s artistic standards and aesthetic sensibilities.

1.3 Photographer uses professional-grade equipment with dual-card backup and maintains redundant hard-drive and cloud-based backup throughout the workflow.

1.4 Reference materials provided by Client are for inspiration only. Photographer will advise Client if references raise copyright concerns and will propose original alternatives.

2. Fees, Payment, and Deposit

2.1 Fees are separated into: (a) Production Fee — time, vision, equipment, crew, and pre/post-production; (b) License Fee — compensation for the license tier or usage scope; and (c) Production Charges — pass-through and production-related costs. Production Fee and License Fee are stated separately on every Estimate and Invoice.

2.2 A non-refundable deposit of 50% of the total fee is due upon signing to secure the date. The balance is due on or before the shoot date.

2.3 No rights of any kind are granted until Photographer receives full and timely payment. Use of any delivered work prior to full payment is unauthorized.

2.4 Invoices unpaid more than 10 days past due accrue interest at 1.5% per month or the California statutory rate under Civil Code §3289, whichever is lower.

2.5 Unauthorized use: Client agrees to pay double the applicable invoice or license fee as liquidated damages for use prior to full payment or outside the license purchased.

2.6 California sales tax applies to physical goods. Client holds Photographer harmless on all taxes arising from this Agreement.

2.7 Expenses and production charges: Out-of-pocket expenses (travel, meals, parking, admission passes, venue fees, permits) are passed through at actual cost with receipts. Production charges (equipment rental, crew, props, and similar items stated on the estimate) are agreed in advance and do not require receipt documentation.

3. Change Orders

3.1 Any change to the agreed scope of work, deliverables, or license requires a signed Change Order before Photographer performs additional work or incurs additional cost.

3.2 On-set changes may be confirmed in writing (email or text) by Client’s authorized representative and incorporated into the final Invoice.

4. Cancellation, Postponement, and Force Majeure

4.1 Cancellation and postponement — the 50% deposit is always retained. Additional fees apply:

• More than 90 days before shoot: deposit only
• 31–90 days before shoot: deposit plus 25% of remaining balance
• 8–30 days before shoot: deposit plus 50% of remaining balance
• 7 days or fewer, or day-of no-show: full contract value due

Client also owes any production costs already incurred regardless of when they cancel.

4.2 Client may reschedule up to three times at no charge, subject to Photographer’s availability. Each reschedule beyond the third incurs a $100 fee. Rescheduling does not reset the cancellation schedule.

4.3 Photographer cancellation: Photographer may send a qualified substitute of equivalent experience, reschedule at no cost, or refund all fees paid.

4.4 Force majeure: Neither party is liable for failure to perform caused by wildfire, earthquake, flood, debris flow, severe weather, power outage, pandemic, epidemic, government order, public health restriction, venue closure, terrorist act, riot, or civil unrest. The parties will first attempt to reschedule within 12 months. If rescheduling is not possible, either party may cancel with a pro-rata refund of fees for services not yet performed. The deposit remains non-refundable.

5. Delivery, Archiving, and Image Loss

5.1 Photographer delivers toned and processed images — color-graded, exposure-corrected, and where appropriate cropped for publication — via online gallery or as specified in the engagement agreement. The initial gallery pass is not retouching; it is Photographer’s standard processing workflow.

5.2 Client verifies access within 10 calendar days of receiving the gallery link and completes download within 60 days of delivery.

5.3 Photographer archives files for up to 2 years from the shoot date as a courtesy. After 2 years, Photographer has no obligation to retain or restore files. Client is responsible for maintaining their own backup copies.

5.4 Prints are routed to vetted professional labs. Photographer accepts no liability for fading or discoloration from sun, humidity, or normal wear after delivery.

5.5 Full image loss before delivery: Photographer’s liability is limited to a full refund of all fees paid.

5.6 Partial image loss before delivery: Photographer’s liability is limited to a prorated refund at Photographer’s published hourly rate, not exceeding total fees paid. Example: 30 minutes lost from a 3-hour session = refund capped at 1/6 of the total fee.

5.7 No liability after delivery: Once files are delivered and access confirmed, Photographer has no further liability. Client assumes full responsibility for archiving and safekeeping.

5.8 Each electronic delivery is accompanied by a Delivery Memo reaffirming that no license is granted until full payment is received.

6. Processing and Retouching

6.1 Standard processing — color grading, exposure correction, white balance, toning, and cropping for publication — is included in every session. This is not retouching.

6.2 Retouching means targeted work on individual images: removal of temporary blemishes, skin smoothing, flyaway hairs, under-eye shadows, and similar corrections. It is available for certain session types as specified in the engagement agreement. Where not included, retouching is available at:

• $75 per retouched file (first 1–2 files)
• $50 per retouched file (3 or more files)
• Additional retouching beyond the initial request: $125/hour

6.3 For prints 8×10” or larger, Photographer will review and approve the file before it goes to the lab — included at no extra charge.

7. Photographer’s Portfolio Rights

7.1 In partial consideration for the license granted to Client, Client grants Photographer the non-exclusive right to use delivered works for portfolio, website, social media, marketing, editorial submissions, and competitions.

7.2 Works will not be used for ridicule, scandal, reproach, or indignity. Photographer will make reasonable efforts to notify Client of significant editorial or press publications featuring the works.

7.3 Client may request limitation of Photographer’s portfolio rights in writing at or before signing. Commercial Tier 3 exclusivity restricts them during the exclusivity period. Tier 4 Full Rights Buyout eliminates them unless Client grants separate written permission.

8. Likeness, Releases, and Warranties

8.1 Client warrants authority to sign on behalf of all participants, or that participants will sign separate releases before the shoot.

8.2 Client is responsible for obtaining releases for additional subjects. No subject under 18 will be photographed without a signed parental or guardian release obtained by Client before the shoot.

8.3 Client warrants: all subjects have consented; any third-party intellectual property visible in works is Client’s own or licensed; locations are used with permission; Client will use works consistently with representations made about Client’s identity and business.

8.4 Photographer warrants: delivered works are original to Photographer; to Photographer’s knowledge they do not infringe any copyright; Photographer has authority to grant or assign rights as specified.

8.5 No model, property, trademark, or other release exists for any work unless Photographer delivers a separate signed release to Client.

9. Limitation of Liability and Indemnification

9.1 Photographer’s total liability is limited to total fees paid. Photographer is not liable for consequential, incidental, indirect, special, or punitive damages, including lost profits or loss of business opportunity.

9.2 Nothing waives liability for gross negligence, willful misconduct, fraud, or liability non-waivable under California Civil Code §1668.

9.3 Client indemnifies Photographer from claims arising from unauthorized use of works, breach of Client’s warranties, third-party intellectual property claims from materials provided by Client, and downstream misuse by parties Client distributes works to.

9.4 Photographer indemnifies Client from claims that delivered works infringe a third party’s copyright, where works are original to Photographer.

9.5 Photographer maintains professional equipment and liability insurance. Certificates available on request.

9.6 Overtime: Services extending beyond 10 consecutive hours incur crew and assistant overtime at 1.5× their hourly rates. Beyond 12 hours: 2×, unless agreed in writing in advance.

10. Non-Disparagement

10.1 Each party agrees not to make, publish, broadcast, or otherwise communicate any false, misleading, or disparaging statements about the other party, their business, products, services, or creative work — whether online, on social media, in reviews (Google, Yelp, The Knot, Houzz, or similar), in press, or in private communications intended to damage the other party’s reputation.

10.2 This section does not prohibit: truthful statements made in private dispute resolution; honest reviews based on verifiable personal experience; lawfully required disclosures; testimony in legal proceedings; or good-faith communications with consumer protection agencies. Neither party is required to withhold truthful, non-misleading feedback.

10.3 If Client has a concern about services received, Client agrees to contact Photographer at doug@dougellis.com before posting any public review, allowing a reasonable opportunity to address the concern. Nothing in this section prohibits an honest review following that opportunity.

10.4 This section is consistent with California Business & Professions Code §17200 and is not intended to prohibit lawful consumer speech or truthful online reviews.

10.5 A material breach of this section entitles the non-breaching party to seek injunctive relief in addition to any other available remedy.

11. Purchase Orders and Work-for-Hire

11.1 Where Client issues a Purchase Order, the signed Agreement and Photographer’s Estimate control in any conflict. No PO term — including work for hire, copyright transfer, all rights, cancellation rights, liability shifting, or entire-agreement clauses — is binding unless specifically accepted in writing by Photographer.

11.2 This Agreement is not a work-for-hire arrangement under 17 U.S.C. §101 unless a Tier 4 Full Rights Buyout is explicitly selected and a copyright assignment agreement is signed.

12. Credit and Attribution

Where Client shares works publicly, Client agrees to credit Photographer where reasonably possible — by tagging @dougellisphoto on social media, or including “Photo: Doug Ellis Photography” in captions or credits. Links to dougellis.com are always welcome. It is word of mouth that makes this work possible.

13. Dispute Resolution

13.1 The parties will first attempt to resolve any dispute by direct written discussion for at least 15 days before taking any other action.

13.2 If unresolved, the parties will attempt mediation in Santa Barbara County, California, before filing suit. Mediation costs are split equally.

13.3 Either party may bring claims within California small claims court jurisdiction in Santa Barbara County without mediating.

13.4 Governing law and venue: California law. Litigation in Santa Barbara County courts. Client consents to personal jurisdiction there.

13.5 Attorneys’ fees: The prevailing party is entitled to reasonable fees and costs. Fully mutual under California Civil Code §1717.

13.6 Photographer registers copyrights routinely and enforces through outside counsel where warranted.

14. Privacy and Data

14.1 Photographer collects Client contact information, shoot details, and images as part of providing services. Full privacy practices are described at dougellis.com/privacy-policy.

14.2 California residents have rights under the CCPA and CPRA. Requests to doug@dougellis.com.

14.3 Photographer will notify Client of any data breach per California Civil Code §1798.82.

14.4 Photographer treats Client’s business information and unreleased campaigns as confidential.

15. General Provisions

15.1 Entire agreement: These Terms and Conditions, together with the applicable signed Agreement and its Exhibits, constitute the entire agreement and supersede all prior discussions.

15.2 Modification: No modification is binding unless confirmed in writing by both parties. Email confirmation counts.

15.3 Independent contractor: Photographer is an independent contractor per California Labor Code §2775 and the AB 5 professional services exemption.

15.4 Severability: If any provision is unenforceable, the remaining provisions stay in effect.

15.5 Assignment: Client may not assign this Agreement or any license without Photographer’s written consent.

15.6 Electronic signatures are binding under California Civil Code §1633.1 et seq. (UETA).

15.7 Non-waiver: Failure to enforce any provision is not a waiver of the right to enforce it later.

15.8 Survival: Sections 7, 9, 10, 13, and 14 survive termination of this Agreement.