Terms of Service

Client. The party seeking photography services from Angie Robertson Photography. 

Parties. The Provider and Client, collectively.

Provider.  Angie Robertson Photography

Service. Items selected by Client in Proposal brochure.

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with the accepted Proposal, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling the Services, are expressly and solely owned by Provider and may be used in the reasonable course of Provider’s business.  

Permitted Uses of Product(s). Upon payment of Total Cost, Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider’s property. Personal use includes, but is not limited to, use within the following contexts:  

1. In photos on Client’s personal social media pages or profiles; or 
2. In personal creations, such as a scrapbook or personal gift; or 
3. In personal communications, such as a family newsletter or email or holiday card.

Style. Client has spent a satisfactory amount of time reviewing Provider’s work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in the Proposal.  

Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider's current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:  

1. Every client and session is different, with different tastes and needs;  
2. Photography services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique; 
3. Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; 
4. Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services; 
5. Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of Services or request of any monies returned.

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to Services provided in accordance with the Proposal are not to exceed the Total Cost of Services provided by Provider.  

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.  

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the  to occur or failure of one or more essential parties to the  to show up in a timely manner, Client shall  provide notice to Provider as soon as possible via the Notice provisions detailed in the General Provisions section below. 

Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost.  

Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Provider is able to secure another, unrelated client for the scheduled date, then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.   

Rescheduling of services Due to Weather. In the event of inclement weather that prevents Service from being conducted on the date as agreed to in the Proposal ('original date'), the Provider and Client will work together to identify a mutually agreeable alternative date and time to occur within fourteen days subsequent to the original date.  If a mutually agreeable date and time cannot be identified within the fourteen days, the Agreement will terminate and the Provider will retain the non-refundable retainer.

Force Majeure. No party shall be liable or responsible for another party, nor be deemed to have defaulted under or breached the agreement for services outlines in the Proposal, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extend such failure or delay is caused by or results from acts beyond the impacted party's ('Impacted Party') control, including, but not limited to, the following force majeure events ('Force Majeure Events'):  

1. Acts of God; or 
2. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation), epidemic, or pandemic; or 
3. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), terrorist threats or acts, riot or other civil unrest; or 
4. Action by any government authority, including order or law; or 
5. Shortage of adequate power or transportation facilities. 

The Impacted Party shall give Notice within 2 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 2 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.  

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:  

1. Immediately give Notice to Client via the Notice provisions detailed in the General Provisions section below; and 
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and 
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

Governing Law. The laws of Florida govern all matters arising out of or relating to this Agreement, including torts. 

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.  

Notice. Parties shall provide effective notice (“Notice”) to each other via either email or phone/text delivery at the date and time which the Notice is sent.