Through Movement Photography

TERMS AND CONDITIONS

When booking a session or event with Through Movement Photography (“Photographer”), Client agrees to these Terms and Conditions upon payment of any required retainer fee. Any barter, trade, or collaborative services agreed upon between Photographer and Client or another vendor remain subject to these Terms and Conditions.

DEFINITIONS

This Agreement is between Through Movement Photography – an Oklahoma Limited Liability Company (“Photographer”), and Client, including Client’s principals, employees, affiliates, and representatives. Client represents that they have authority to enter into this Agreement on behalf of themselves or any organization they represent. Photographer operates as an independent contractor.

“Image(s)” means any photographic or video material created by Photographer pursuant to this Agreement, including but not limited to negatives, digital files, prints, videos, previews, proofs, or reproductions in any medium.

USAGE RIGHTS AND OWNERSHIP

Photographer is the author and sole copyright holder of all Image(s). All copyrights remain exclusively with Photographer.

Images are licensed, not sold.

Client receives a limited, non-transferable license to use the Image(s) only for the purposes outlined in the booking agreement or invoice. The license begins once Photographer has received full payment and delivered final images.

Unless otherwise stated in writing, Photographer retains the right to use Image(s) for portfolio display, website use, studio display, advertising, social media, competition submission, publication, and promotional purposes.

PHOTOGRAPHIC INTEGRITY & ALTERATIONS

Client may not edit, crop, apply filters, alter, or modify the Image(s) without Photographer’s written consent.

Portrait sessions include basic color correction, exposure balancing, and cropping at Photographer’s discretion. Portrait sessions do not include advanced retouching unless stated in writing. Boudoir sessions may include retouching at Photographer’s discretion.

Additional retouching requests may be purchased starting at $50 per image.

Photographer reserves artistic discretion regarding color vs. black-and-white delivery.

GENERAL LIABILITY & RELEASES

Photographer will exercise reasonable care in providing services but is not liable for any indirect, incidental, or consequential damages arising from Client’s use of Image(s).

Client agrees to indemnify and hold harmless Photographer, its owners, employees, contractors, and agents from all claims, damages, costs, or legal fees resulting from Client’s use of Image(s).

Unless explicitly stated, Photographer is not responsible for securing model, property, trademark, or location releases. Client is responsible for obtaining all necessary permissions for any intended use requiring such releases.

Photographer does not warrant the legal sufficiency of any releases provided.

Photographer’s total liability for any claim shall not exceed the amount paid under this Agreement.

PAYMENT TERMS

Time is of the essence.

No rights are granted until Photographer has received full payment.

Unauthorized use of Image(s) prior to payment will result in liquidated damages equal to double the invoice total.

Invoices are due upon receipt unless otherwise stated. Adjustments must be requested within ten (10) days.

Bank transfer or processing fees are Client’s responsibility.

Photographer’s invoice serves as Client’s receipt.

CREDIT LINE & COPYRIGHT NOTICE

When posting online, Client must credit:

📸 Through Movement Photography

Failure to provide credit may result in liquidated damages equal to double the invoice total.

CANCELLATIONS & POSTPONEMENTS

Unless otherwise stated in writing:

• Events over $1,000 require a 50% non-refundable retainer to hold the date
• Events under $1,000 require 30% non-refundable retainer to reserve the date
• Remaining balances are due 7 days before the session date

If Client cancels, retainers are forfeited and cannot be transferred.

If Client fails to cancel and Photographer arrives at the session location, Client remains responsible for the remaining balance.

RESHOOTS

If Client requests a reshoot, Client will pay 100% of the original session fee plus expenses.

If reshooting is required due to weather or circumstances beyond Photographer’s control, Photographer will waive the session fee but Client remains responsible for reshoot expenses.

FAILURE TO PERFORM

If Photographer cannot perform due to illness, equipment failure, accident, acts of God, or circumstances beyond control, Photographer will attempt to secure a replacement photographer.

If unsuccessful, Photographer’s sole obligation is refunding fees paid. No additional liability applies.

KILL FEE

If Photographer performs professionally but Client elects not to use the Image(s), Client remains responsible for all agreed-upon fees and expenses.

ARCHIVING & DIGITAL STORAGE

Photographer may archive files but does not guarantee long-term storage.

Client is responsible for backing up all delivered images.

Media is inherently unstable; Photographer is not liable for degradation or loss after delivery.

Requests to retrieve archived files incur a $100 processing fee.

DIGITAL FILE QUALITY

Photographer delivers images in industry-standard formats at Photographer’s discretion.

Color is calibrated to industry standards; appearance may vary across devices.

Photographer’s sole obligation for defective files is replacement of data—not consequential damages.

SESSION TERMS

Sessions will occur at approved locations only.

Client is responsible for securing permission for private property.

Client assumes all risks at session locations.

No additional photographers or videographers are allowed without written consent.

Guests may not take photos unless approved by Photographer.

ASSIGNMENT & ACCEPTANCE

Client may not transfer this Agreement.

Electronic signatures and invoices are binding.

Payment of any retainer or use of Image(s) constitutes full acceptance.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Oklahoma.

Client consents to jurisdiction in Oklahoma courts and agrees to pay all reasonable legal fees incurred by Photographer in enforcing this Agreement.

SEVERABILITY

If any provision is unenforceable, the remainder remains valid.

ENTIRE AGREEMENT

This document represents the entire agreement between Photographer and Client and supersedes all prior discussions.