GENERAL PHOTOGRAPHY AGREEMENT
This Photography Agreement (“Agreement”) is entered into between Valeriia Vavilova / Valerie Vavilova Photography (“Photographer”) and the individual completing the booking (“Client”).
By booking a photography session, submitting payment, and/or indicating acceptance of this Agreement during the booking process, the Client acknowledges that they have read, understood, and agreed to the following terms and conditions.
1. SCOPE OF SERVICES
The Photographer agrees to provide professional photography services according to the session type selected by the Client at the time of booking.
The session price, duration, number of included images, location or location parameters, and other session-specific details are those stated in the applicable booking page, booking confirmation, invoice, or written communication between the Photographer and Client.
Services generally include:
• A photography session at the agreed date, time, and location
• Professional selection and editing of images at the Photographer’s discretion
• Digital delivery of the final images according to the applicable session package
The Photographer does not guarantee any specific pose, expression, background, composition, or individual photograph.
2. RETAINER, PAYMENT & FEES
A non-refundable retainer is required to reserve the Client’s session date and time. A session is not considered reserved until the required retainer or other required booking payment has been received.
The remaining balance must be paid in full no later than 24 hours before the scheduled session unless otherwise agreed to in writing by the Photographer.
If the remaining balance is not received by the deadline, the Photographer reserves the right to cancel the session and release the reserved time slot. The non-refundable retainer will not be returned.
No final images will be delivered until all outstanding balances and applicable fees have been paid in full.
The Client is responsible for any additional fees applicable to the booking, including additional participants, additional session time, travel, studio or venue fees, confidentiality requests, additional images, gallery upgrades, or other requested services.
3. REFUND POLICY
The retainer is non-refundable.
Once a photography session has taken place, all payments made toward that session are non-refundable.
Because photography is a custom creative service, refunds, partial refunds, credits, or complimentary reshoots will not be provided because of subjective dissatisfaction with appearance, expressions, posing, styling, weather conditions visible in the images, artistic choices, or personal preference when the Photographer has otherwise fulfilled the services described in this Agreement.
4. RESCHEDULING & CANCELLATIONS
Client-requested rescheduling requires at least 48 hours’ notice and is subject to the Photographer’s availability.
One complimentary reschedule may be permitted when sufficient notice is provided. Additional rescheduling requests may require a new retainer or rescheduling fee at the Photographer’s discretion.
A requested replacement date or time is not guaranteed.
Same-day rescheduling requests, missed sessions, and late arrivals do not qualify for a complimentary reschedule.
If the Client cancels the session, the retainer remains non-refundable.
If weather or other conditions make the session impractical or unsafe, the Photographer may reschedule the session to another mutually available date.
5. PHOTOGRAPHER CANCELLATION OR EMERGENCY
In the rare event that the Photographer is unable to perform the session because of illness, injury, family emergency, accident, severe weather, equipment failure, or another circumstance beyond the Photographer’s reasonable control, the Photographer may offer a rescheduled session.
If the Photographer is unable to provide the contracted photography services or a mutually acceptable replacement date cannot reasonably be arranged, the Photographer’s financial liability will be limited to the amount actually paid by the Client for the affected photography services.
The Photographer is not responsible for consequential or incidental expenses incurred by the Client, including clothing, hair or makeup services, travel expenses, venue expenses, lodging, or other third-party costs.
6. LATE ARRIVALS
Clients are responsible for arriving and being fully ready to begin at their scheduled session time.
The session begins at the originally scheduled start time regardless of the Client’s arrival time. Late arrival does not extend the scheduled session.
If the Client arrives late, photography will take place during the remaining scheduled time.
For mini sessions, arrival more than 15 minutes after the scheduled start time may be considered a missed session because another client may be scheduled immediately afterward.
No refund or complimentary reshoot will be provided for photography time lost because of Client lateness.
7. NO-SHOWS
Failure to arrive for a scheduled session without prior notice will be considered a no-show.
All payments made toward a missed session are forfeited and non-refundable.
A new booking and applicable payment will be required to schedule another photography session.
The Photographer is not obligated to provide a replacement session for a no-show.
8. LEAVING BEFORE THE SESSION
If the Client arrives at the location but leaves before the scheduled session time or before meeting with the Photographer, the Client assumes responsibility for any resulting missed photography time.
The Photographer is not required to arrive earlier than the scheduled session start time.
Leaving the location before the scheduled start time does not constitute Photographer cancellation and does not entitle the Client to a refund or complimentary reschedule.
9. ADDITIONAL TIME
If the Photographer is available and agrees to extend a session because of Client lateness, delay, or another Client request, additional photography time will be charged at the Photographer’s current rate.
Any additional-time fee must be paid before the additional photography time begins unless otherwise agreed by the Photographer.
10. CHILDREN & PARTICIPANT COOPERATION
The Photographer will make reasonable efforts to engage children and other participants and capture natural expressions and interactions.
However, the Photographer cannot guarantee the behavior, mood, participation, cooperation, expressions, or attention of any participant.
Parents and guardians remain responsible for supervising and managing their children throughout the session.
No refunds, credits, or complimentary reshoots will be provided because a child or other participant is unwilling to participate, becomes upset, refuses photographs, does not smile, or otherwise does not cooperate.
11. ARTISTIC STYLE & CREATIVE JUDGMENT
The Client acknowledges that they have reviewed the Photographer’s portfolio and are familiar with the Photographer’s artistic style.
The Client understands that photography is a creative service and that lighting, location, weather, season, subjects, surroundings, and other conditions vary from session to session.
The Photographer retains sole professional discretion regarding posing, composition, lighting, image selection, cropping, color treatment, retouching, and final editing.
No specific photograph, pose, expression, background, composition, or editing result is guaranteed.
Artistic interpretation and aesthetic preference are subjective and are not grounds for a refund or complimentary reshoot.
12. IMAGE SELECTION & RAW FILES
The Photographer has sole discretion to determine which photographs are technically and artistically suitable for presentation and delivery.
Images that are duplicates, test shots, out of focus, poorly exposed, unflattering, affected by blinking or movement, or otherwise inconsistent with the Photographer’s professional standards may be removed from consideration.
Unedited images and RAW files are not provided under any circumstances.
The Client is not entitled to every photograph taken during the session.
13. INCLUDED & ADDITIONAL IMAGES
The number of final digital images included with the session is determined by the package purchased by the Client.
When a proofing or selection gallery contains more images than are included in the purchased package, the additional images are not included automatically.
Additional individual images, image packages, or a full gallery may be purchased at the Photographer’s current pricing when such options are offered.
Prices for additional images and gallery upgrades are subject to change and are determined by the pricing presented with the applicable gallery or communicated by the Photographer.
14. GALLERY DELIVERY, EXPIRATION & FILE STORAGE
Final photographs will be delivered through an online gallery or another digital delivery method selected by the Photographer.
The Client is responsible for downloading and securely backing up all purchased final photographs before the gallery expiration date.
Online galleries are temporary delivery platforms and are not intended to serve as permanent storage.
The Photographer is not obligated to retain Client galleries or image files indefinitely after delivery or after the stated gallery expiration period.
Once a gallery has expired or been removed, restoration or re-uploading is not guaranteed.
If the files remain available in the Photographer’s archives and the Photographer agrees to restore or re-upload an expired gallery, an archive retrieval/re-upload fee may apply at the Photographer’s current rate.
The Photographer is not responsible for photographs lost by the Client after successful delivery.
15. DELIVERY TIME
The estimated delivery timeline applicable to the Client’s session is the timeline stated in the session description, booking information, or other written communication from the Photographer.
Delivery timelines are estimates and may occasionally be extended because of workload, technical problems, illness, emergency, or other unforeseen circumstances.
A reasonable delay in delivery does not constitute grounds for a refund or breach of this Agreement.
16. COPYRIGHT & CLIENT LICENSE
The Photographer retains all copyrights to the photographs created during the session.
Upon full payment, the Client receives a non-exclusive personal-use license for the final purchased/delivered photographs.
The Client may download, print, display, and share the photographs for personal, non-commercial purposes, including sharing with friends and family and posting on personal social media accounts.
The Client may not sell the photographs, claim authorship or copyright, submit them for commercial use, or authorize a third party to use them commercially without written permission from the Photographer.
Commercial, business, branding, advertising, publication, or promotional use may require separate written permission and/or a commercial license.
17. EDITING & ALTERATION
The final delivered photographs represent the Photographer’s completed creative work.
The Client agrees not to apply filters, presets, AI alterations, significant color changes, or other edits that materially alter the Photographer’s finished work.
Reasonable cropping performed automatically by social media platforms or required for personal printing is permitted.
18. MODEL RELEASE & PHOTOGRAPHER USE
Unless the Client purchases or arranges a confidentiality option, the Client grants the Photographer permission to use selected photographs from the session for the Photographer’s professional portfolio and promotional purposes.
Such uses may include the Photographer’s website, social media, online advertising, printed marketing materials, studio samples, exhibitions, publications, photography competitions, educational materials, and other legitimate promotion of the Photographer’s business and work.
The Client understands that no additional compensation is due for such promotional use.
The Client represents that they are authorized to provide consent for themselves and for any minor children for whom they are the parent or legal guardian.
19. CONFIDENTIALITY REQUEST
Clients who do not want photographs from their session used publicly may purchase the Photographer’s confidentiality option.
Unless otherwise stated at booking, the confidentiality fee is $100 for mini sessions and $150 for full sessions.
The confidentiality option must be requested and paid before the Photographer is required to refrain from promotional use.
Once the applicable confidentiality fee has been paid, photographs from the session will not be intentionally published by the Photographer for portfolio, website, social media, advertising, or other promotional purposes.
20. OUTDOOR CONDITIONS & CLIENT SAFETY
Outdoor photography may involve insects, plants, mud, water, uneven terrain, changing temperatures, weather, wildlife, allergens, and other natural or environmental conditions.
Clients are responsible for evaluating their own comfort, physical ability, clothing, footwear, allergies, and other personal considerations before participating.
Parents and guardians are responsible for the safety and supervision of their children.
The Photographer is not responsible for ordinary risks inherent in the location or environment that are outside the Photographer’s reasonable control.
21. VENUES, LOCATIONS & THIRD-PARTY RESTRICTIONS
The Photographer is not responsible for restrictions, closures, admission requirements, permit requirements, security decisions, construction, crowds, or other conditions imposed by parks, studios, businesses, property owners, governmental entities, or other third parties.
When a location becomes unavailable, the Photographer may recommend an alternative location or reschedule when appropriate.
Any admission, studio, permit, parking, or venue fee not expressly included in the session price is the Client’s responsibility unless otherwise agreed in writing.
22. LIMITATION OF LIABILITY
The Photographer will exercise reasonable professional care in providing photography services.
To the fullest extent permitted by applicable law, the Photographer’s total financial liability arising from the photography services will not exceed the amount actually paid by the Client to the Photographer for the affected session.
The Photographer is not responsible for indirect, incidental, special, or consequential damages arising from circumstances outside the Photographer’s reasonable control.
Nothing in this Agreement is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.
23. RESPECTFUL CONDUCT & COMMUNICATION
The Client agrees to maintain respectful and professional conduct toward the Photographer before, during, and after the session.
This requirement applies to in-person interactions as well as email, text messages, social media messages, telephone communication, and other forms of communication.
Threatening, abusive, harassing, discriminatory, or seriously disruptive behavior may result in termination of services.
If services are terminated because of Client misconduct, payments already made are non-refundable to the extent permitted by law.
The Photographer also reserves the right to decline future bookings from Clients whose behavior or communication has been abusive, threatening, harassing, or seriously disruptive.
24. COMMUNICATION & BUSINESS HOURS
Valerie Vavilova Photography’s administrative business hours are Monday through Friday.
Emails, messages, and other non-urgent Client communications are reviewed and answered during regular weekday business hours.
Please allow up to 1–2 business days for a response.
Messages received on weekends or holidays will ordinarily be answered beginning the next business day.
Weekend communication is prioritized for Clients whose photography sessions are scheduled for that same weekend. The Photographer will remain available for reasonably time-sensitive matters concerning those sessions, including weather changes, location questions, significant delays, or other issues requiring immediate attention.
Photography sessions may take place on weekends; however, weekend session availability does not constitute regular administrative business hours.
General inquiries, future booking questions, gallery questions, editing or delivery inquiries, and other non-urgent correspondence received during the weekend will be addressed during the following business week.
25. TRAVEL FEES
For sessions requiring travel of more than 40 minutes one way from Raymore, Missouri, a standard travel fee of $50 may apply unless another travel fee has been quoted for the specific session.
Additional travel expenses, parking fees, tolls, admission fees, or other unusual travel costs may be charged when applicable and disclosed to the Client.
26. DISPUTE RESOLUTION
The parties agree to make a good-faith effort to resolve any disagreement directly and professionally.
Before filing legal action, the parties agree to attempt private mediation when reasonably practicable, unless immediate legal action is necessary or mediation is not required or enforceable under applicable law.
This Agreement will be governed by the laws of the State of Missouri.
27. ENTIRE AGREEMENT & SEVERABILITY
This Agreement, together with the Client’s applicable booking details, session description, invoice, and written session-specific terms, constitutes the agreement between the Photographer and Client regarding the photography services.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
Failure by the Photographer to enforce a provision on one occasion does not constitute a waiver of the right to enforce that provision in the future.
28. ACKNOWLEDGMENT & ELECTRONIC ACCEPTANCE
By completing the booking process, submitting payment, and/or checking the box indicating acceptance of this Photography Agreement, the Client confirms that they have had an opportunity to review these terms and voluntarily agree to be bound by them.
The Client acknowledges that acceptance through the Photographer’s online booking system constitutes electronic acceptance of this Agreement.
Valerie Vavilova Photography
Valeriia Vavilova
Family & Couples Photographer