Michael Carr Photography Terms and Conditions
This Agreement is between Michael Carr Photography (“Photographer”) which includes photographers, employees, affiliates and representatives and Michael Carr Photography operating under a pseudo name [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. The Photographer’s relationship with the Client is that of an independent contractor.
When booking a session or photographic service provided by Michael Carr Photography, you agree to these terms of service upon paying your booking retainer fee. Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.
1. Scope of Services
Michael Carr Photography provides commercial and portrait photography services, including but not limited to product photography, branding, headshots, corporate photography, family, newborn, and children’s sessions. Photography services may be provided in-studio or at an agreed-upon location, per signed agreement. Services are limited to those expressly described in the applicable agreement, proposal, or booking confirmation. Any limits on time, products, subjects, setups, or final images shall govern the scope of work.
A non-refundable session fee is required to reserve your photography session date and time. The session fee retainer secures the date and time on our studio calendar and includes pre-session planning, team, and studio prep. Because we reserve this time exclusively for you and decline other clients for the same date and time, the session fee retainer is non-refundable.
Rescheduled sessions will incur a rescheduling fee.
The session fee retainer covers the time and talent of Michael Carr Photography and does not include images unless explicitly stated.
Image purchases, products, and collections are sold separately during the Ordering Appointment.
2. Model Release
Client grants Photographer an irrevocable, perpetual, worldwide, royalty-free license to use all images created for portfolio, marketing, advertising, and promotional purposes.
Client waives any right to inspect or approve the final images or their use and waives any claims to compensation.
Requests for non-disclosure or restricted usage must be submitted in writing no less than five (5) days prior to the session and are subject to the Photographer’s approval and an additional fee. The Photographer is under no obligation to agree to such restrictions.
3. Shot Lists and Creative Direction
Any shot lists, inspiration boards, or creative input provided by Client are for reference only and do not modify or expand the scope of services unless expressly incorporated into a written agreement signed by both parties. The Photographer retains full creative control over lighting, composition, posing, styling, and final image selection.
4. Additional Services and Changes
Any services beyond the agreed scope require prior approval and may result in additional fees. This includes additional products, revised or replacement products, reshoots, additional subjects, extended time, additional locations, or changes in creative direction. Any revised or replacement products, or session changes, made after photography has begun may be treated as new work and billed accordingly.
Any retouching or editing revisions must be requested in writing within 2 business days of receipt of the final images. This policy ensures the timely delivery and finalization of the services and allows us to maintain an efficient editing workflow for all clients.
Requests for retouching beyond standard enhancements will incur additional non-refundable fees.
5. Client Responsibilities
Client is responsible for providing accurate information, instructions, and materials, and for ensuring all products, subjects, and participants are prepared and available at the scheduled time. Client is responsible for supervising minors and obtaining all necessary permissions for locations, props, and participants. The Photographer is not responsible for issues resulting from incomplete preparation, delays, or inaccurate information.
6. Acceptance of Work
Delivery of images constitutes completion of services. Client agrees to review all deliverables promptly. Selection, download, use, or sharing of images constitutes full acceptance. Client must notify Photographer in writing of any problems or inaccuracies with delivered products within two (2) business days after receipt. Failure to provide such notice shall be deemed acceptance of the work.
7. Orders, Cancellations, and Refund Policy
Due to the custom nature of photography, all sales are final.
All tangible products and digital products are non-refundable and non-returnable. This includes but is not limited to prints, albums, digital images, and any other delivered assets.
If an agreement is terminated, Client remains responsible for payment for all work performed and for all non-cancelable costs and expenses incurred by Photographer, including products ordered, production costs, and services in progress. Any prepaid fees for services not yet performed may be refunded, less amounts owed for work completed and expenses incurred.
8. Payment and Delivery
The Photographer may require a non-refundable or full payment in advance. The Photographer reserves the right to withhold delivery of images and products until full payment has been received.
9. No Guarantee of Results
The Photographer does not guarantee specific creative results, poses, expressions, or outcomes. All services are provided in a professional manner consistent with the Photographer’s style.
10. Limitation of Liability and No Guarantee
To the fullest extent permitted by Texas law, Michael Carr Photography shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, loss of use, business interruption, reputational harm, or emotional distress, even if advised of the possibility of such damages.
The Photographer shall perform services in a professional manner consistent with industry standards; however, no specific results or outcomes are guaranteed. The Client acknowledges that photography is a subjective service and that artistic style, composition, and interpretation may vary. Dissatisfaction with artistic or aesthetic results shall not constitute a breach of this Agreement.
The Photographer cannot be held liable for the client’s makeup, hair, or clothing for the session. The Photographer cannot be held liable if the Client is not satisfied with the way the portrait location looks in person or in the final images.
Photographer’s total cumulative liability for any claim arising out of or relating to services or this Agreement shall be strictly limited to the total amount actually paid by Client.
In the event of technical failure, data loss, equipment malfunction, or any circumstance beyond the Photographer’s control, the Photographer’s sole liability shall be limited, at the Photographer’s discretion, to either rescheduling the session or refunding all payments received.
11. Indemnification and Attorneys’ Fees
Client agrees to indemnify, defend, and hold harmless Michael Carr Photography from and against any and all claims, demands, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to Client’s breach of this Agreement, any materials or products supplied by Client, or Client’s use of the images.
In the event Client initiates any claim, demand, or legal action against Photographer arising out of or relating to this Agreement or Photographer’s services, and Photographer is the prevailing party, Client agrees to reimburse Photographer for all reasonable attorneys’ fees, costs, and expenses incurred in connection with such claim.
Photographer shall also be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred in enforcing this Agreement, including but not limited to the collection of unpaid amounts. This provision shall survive termination of this Agreement.
12. Dispute Resolution and Venue
Any dispute, claim, or controversy arising out of or relating to Photographer’s services or this Agreement shall be resolved by binding arbitration in Harris County, Texas.
Either party may bring an individual claim in a Justice of the Peace court located in Harris County, Texas if the claim falls within that court’s jurisdictional limits.
Harris County, Texas shall be the exclusive venue for any permitted court proceeding or enforcement of an arbitration award. This Agreement shall be governed by the laws of the State of Texas.
To the fullest extent permitted by law, Client agrees to reimburse Photographer for all costs incurred in enforcing this Agreement, including reasonable attorneys’ fees, court costs, arbitration fees, and related expenses.
In no event shall any award or recovery exceed the total amount paid by Client under this Agreement.
13. Governing Law
These Terms and any related agreements shall be governed by the laws of the State of Texas.
14. Force Majeure
The Photographer shall not be liable for any delay or failure to perform due to causes beyond reasonable control, including but not limited to illness, weather, equipment failure, acts of God, or other unforeseen events.
15. Electronic Communications
Client agrees that communications and approvals via email, text message, or other electronic means, including acknowledgments or reactions, are valid and binding for purposes of project coordination and approvals.
16. Limitation on Claims
Any claim arising out of or relating to Photographer’s services or products delivered must be brought within 2 months from the date services are completed, or such claim is waived.
17. Termination for Convenience
The photographer may terminate this Agreement at any time for convenience.
In such an event, the Photographer may, at their sole discretion:
- Retain the non-refundable retainer
- Refund any portion of payments not yet earned
The Client shall remain responsible for all work performed and expenses incurred up to the date of termination.
Under no circumstances shall Photographer be liable for any additional damages, losses, or claims arising from such termination.
No images, products, or deliverables shall be provided until full payment has been received. Any usage rights are contingent upon full payment.
18. Entire Agreement
These Terms and Conditions, together with any written agreement between the parties, constitute the entire agreement and supersede all prior discussions or understandings. Any modifications must be in writing and signed by both parties.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
20. Copyright
All images created by Michael Carr Photography and the photographers contracted or represented by the Studio, are protected under the United States Copyright Law (Title 17, U.S. Code). Unless otherwise agreed in writing.
Michael Carr Photography reserves the right to modify these Terms and Conditions at any time.
If you have any questions about these Terms and Conditions, please contact us at 713-461-2862.