Terms and Conditions
RESCHEDULE AND CANCELLATION POLICY
Individuals:
Payment: A non-refundable deposit is due to book your session. Full payment is due after the session is completed.
Refunds: We do not offer refunds. We are a small business who makes staffing arrangements and begins preparations for your session as soon as you book. Thank you for understanding.
Cancellations: If you opt to cancel your booking at any time, you forfeit your deposit.
Rescheduling more than 24 hours ahead of session time: Any individual session may be rescheduled 1 time without penalty more than 24 hours ahead of your session through the link in your confirmation email. Anything you have already paid becomes a credit towards your rescheduled session to be COMPLETED within 14 calendar days of your original session date. Your credit expires after 14 days.
Add’l reschedules more than 24 hours ahead of session time: If you need a second reschedule more than 24 hours ahead of your session, you will be charged a $100 reschedule fee ($250 reschedule fee for Personal Branding Suite). You must call 720-799-2655 or email [email protected] to request a 2nd reschedule. Anything you have already paid becomes a credit towards your rescheduled session to be COMPLETED within 14 calendar days of your original session date. Your credit expires after 14 days.
We do not allow more than 2 reschedules for a single booking. Your session will be considered canceled and you will forfeit your deposit ($100 for Simple and Standard sessions; $250 for Personal Branding Suites). You may book a new session when ready if desired.
Reschedules or cancellations within 24 hours of your session time: Sessions canceled or rescheduled, for any reason, within 24 hours of your session time will be charged in full for the session plus any add-ons selected at time of booking.
We cannot accept or honor reschedules if there is no email or phone log evidence of you attempting to contact Denver Headshot Co. Your session will be considered a no-show and charged in full.
The reasoning behind these policies: When you purchase a headshot session, you’re buying our time. Once your session has been booked, we begin planning and putting time into your session. When agreeing to our terms, client acknowledges that canceling or rescheduling will cause the studio harm, thus committing to additional charges if canceling or if more than one reschedule is needed.
When Denver Headshot Co. must cancel a session due to inclement weather or other circumstances beyond our control (e.g., power outages, facility issues, etc.), we will attempt to notify you by email or phone with as much notice as possible. If this occurs, Denver Headshot Co. will issue a full refund to the original form of payment or transfer your session to another mutually agreed upon date within 14 calendar days of original session. No rescheduling fee will be charged.
Companies:
The amount paid upon booking is non-refundable. We are a small business who makes staffing arrangements and begins preparations for your session as soon as your deposit is paid. Thank you for understanding.
Rescheduling more than 7 days before your session: We allow corporate accounts to reschedule their session one time without penalty up to 7 days prior to the session. The amount paid upon booking becomes a credit that must be used within 90 days of your original booking or it is forfeited.
Rescheduling within 7 days of your session: If you reschedule within 7 days of your session (up to 24 hours before your session), you will be charged a rescheduling fee equal to 25% of the amount paid upon booking. The amount paid upon booking becomes a credit that must be used within 90 days of your original booking or it is forfeited.
Rescheduling within 24 hours of your session: If you reschedule within 24 hours of your session, you will be charged a rescheduling fee equal to 50% of the amount paid upon booking. The amount paid upon booking becomes a credit that must be used within 90 days of your original booking or it is forfeited.
2nd reschedule request: If you request a second reschedule at any point, you will be charged a rescheduling fee equal to 50% of the amount paid upon booking. The amount paid upon booking becomes a credit that must be used within 90 days of your original booking or it is forfeited.
3rd reschedule request: If you request a third reschedule at any point, your session is considered canceled and you forfeit everything you have already paid. You may rebook at full price when you are able, if desired. Your quoted price is good for 90 days. After 90 days, pricing may be subject to change.
Canceling within 7 days of your sessions (up to 24 hours before your session): You forfeit everything you have already paid.
Canceling within 24 hours of your sessions: You forfeit everything you have already paid and are responsible for the total session estimate, outlined in your final quote.
No-Show: You forfeit everything you have already paid and are responsible for the total session estimate, outlined in your final quote.
Additional Services: If additional services were going to be used like a hair/makeup/outfit stylist or someone who is not directly employed by Denver Headshot Co., you are responsible for any additional fees that occurred due to a reschedule/cancellation.
Refunds: We do not offer refunds for the amount paid upon booking or for completed services. The amount paid upon booking is non-refundable. We are a small business who makes staffing arrangements and begins preparations for your session as soon as your deposit is paid. Thank you for understanding.
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Denver Headshot Co. Complete Terms and Conditions:
These Terms and Conditions (“Terms”) apply to all clients of Denver Headshot Co. These Terms set forth the legally binding terms and conditions of the agreement you are entering with Denver Headshot Co. By booking your photography session with Denver Headshot Co., you (the “Client”) and Denver Headshot Co. enter into this Photography Agreement (“Agreement”). Please read the terms and conditions of this Agreement carefully and thoroughly.
DEFINITIONS
“Our”, “We”, “Us” and “Photographer” refers to Denver Headshot Co.
“You” and “Your” refers to the Client
“Party” and “Parties” refers to both Client and Photographer.
“Package” refers to the photography services chosen by Client.
“Images” refers to all previews, proofs, digital files and digital negatives.
DESCRIPTION OF SERVICES
Client has retained Denver Headshot Co. to provide exclusive commercial photography services, and any additional services outlined in the package purchased. Denver Headshot Co. photographer(s) (including any third-party contractors engaged by Denver Headshot Co. to provide such services) will be the sole professional photographer(s) involved in the photoshoot. We retain exclusive control over the positioning of cameras and equipment. Client grants Denver Headshot Co. and its affiliates full production and editorial control regarding all aspects of production.
PAYMENT
A deposit is required to schedule a photoshoot. For Companies, the balance owed is due two weeks after all sessions are complete, or prior to final delivery of all Images, whichever comes first. For Individuals, final payment is due upon completion of your session. Note: No Images, including, previews, will be delivered until Client’s balance is paid in full.
CANCELLATION & POSTPONEMENT
Client acknowledges that in the event a photoshoot is canceled or rescheduled, Denver Headshot Co. may be harmed unless the Client notifies us as soon as possible in order to minimize our damages. See information at top of page for full cancel/reschedule details for companies and individuals. If you opt to cancel your booking, you forfeit your deposit. All sessions canceled or postponed, for whatever reason, within 24 hours of your session start time will be charged in full. We cannot accept or honor cancellations or reschedules if there is no evidence of contacting Denver Headshot Co. Your session will be considered a no-show and charged in full. If there is a postponement due to a force majeure event, the Parties shall work together to find an alternative date and no additional fees shall be charged.
RESHOOTS
If Client requests a re-shoot and does not want any Images from their prior session, a discounted rate may be charged for the re-shoot. Denver Headshot Co., at its sole discretion and on a case-by-case basis, will decide whether a discount is applicable to any re-shoot. If we determine that a re-shoot is required due to our mistake, then Denver Headshot Co. will cover the cost of re-shooting the photography session.
INCLEMENT WEATHER & ADVERSE CONDITIONS
Denver Headshot Co. reserves the right to cancel or reschedule a photoshoot due to inclement weather or other adverse conditions that may prevent us from conducting a photoshoot that meets the artistic standards of Denver Headshot Co. Our photographers are entitled to a safe work environment free from physical harm, threats and hostility. We reserve the right to pause, postpone, or cease work in the event that the work process is interfered with or interrupted. We may immediately cancel any photoshoot in the event of physical or verbal antagonism, violence, harassment or discrimination of any kind, or if the photographer feels threatened in any way.
REFUND POLICY
In the case of camera failure, inclement weather, or any other unforeseen incident that prevents Denver Headshot Co. from completing a photoshoot on a scheduled date, a new date will be rescheduled. No refund will be given under any circumstances if Client fails to attend the photoshoot on the date and at the time listed, or if the session is cancelled within 24 hours.
Denver Headshot Co. provides a non-tangible service of custom work; Clients are paying for our time which isn’t returnable. Due to the nature of photography and the fact that digital photographs, once sent, cannot be returned, Denver Headshot Co. has a NO REFUND POLICY. Refunds will NOT be given due to “not liking a photo” or for any other reason.
INTELLECTUAL PROPERTY RIGHTS
All Images remain property of Denver Headshot Co. or its affiliates and are subject to federal copyright laws, and Denver Headshot Co. and its affiliates reserve all rights therein. If Client purchases an Image, Denver Headshot Co. grants to Client a non-transferable, non-exclusive, worldwide, perpetual license to store, reproduce and use the purchased Image for its own personal and promotional purposes. Any rights to use Images granted as part of this Agreement are non-transferable and cannot be re-sold or sub-licensed without Denver Headshot Co.’s prior written approval. If Client does not purchase an Image, Client has no right to use the Image or any proof, preview or digital negative for any purpose.
EDITING DISCRETION
A photograph is properly exposed to see highlights, shadows, and mid-tones and for flesh tones to be believable. The photograph is in focus unless it’s intentionally out of focus for the artistic expression of the image. All Images are edited at Denver Headshot Co.’s discretion and delivered proofs or previews may not include all images shot. We reserve the creative right to edit and release only those deemed as professional in quality and within our artistic standards. Every effort will be made to assure satisfaction according to our professional standards. We are not responsible for Client’s or any third party’s subjective interpretations or opinions of the photography.
PHOTOSHOOT EXPENSES
Client is responsible for payment of all shoot-related expenses incurred by Photographer up until the time of cancellation. For cancellations or postponements required not due to inclement weather, or the fault of a third-party, and outside the three-business day minimum, Photographer will not charge an additional fee, but Client is responsible to pay all all expenses incurred by Photographer related to the assignment, up until the time of cancellation.
RELEASES
Client is responsible for determining whether any permits, licenses or personal releases are required for any location or venue where photography services will be performed. Client is also responsible for payment of any fees and costs associated with such permits, licenses or releases. Client agrees to obtain all necessary permits, approvals, licenses, waivers and releases before the photoshoot.
MODIFICATION
Any alteration, deviation or modification of this Agreement will not be valid unless made in a writing signed or acknowledged by both Parties. The Client and Photographer agree that digital or electronic signatures shall be binding on the Parties and sufficient to execute, negotiate and finalize any modification to this Agreement.
MARKETING AND PROMOTION
By agreeing to these Terms, Client, individually, and as an agent for all subjects and participants in the photoshoot, hereby grants to Denver Headshot Co. and its affiliates all rights for display, airing, exhibition, promotion, newsletter, and advertising use of all photographs produced under this Agreement, including the Images, and, on behalf of their legal representatives, heirs and assigns, hereby releases Denver Headshot Co. and its affiliates, legal representatives, officers, employees, third party contractors, successors and assigns from all claims and liabilities relating to use of said photos.
Client waives any right to inspect or approve the photographs or the use to which it may be applied, including any written copy that may appear in connection therewith. If necessary, Client has obtained from all subjects and participants in the photoshoot all releases and waivers necessary to grant the rights, permissions and waiver set forth in Section 7.
FORCE MAJEURE
If we cannot perform the services outlined in this Agreement due to fire or other casualty, act of God, or other cause beyond the control of the Parties, or due to the photographer’s illness or emergency, or if Images are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on the part of Denver Headshot Co., then we shall return any deposit to the Client but shall have no further liability with respect to this Agreement.
INDEMNIFICATION
Client hereby agrees to indemnify, release, discharge, and hold harmless Denver Headshot Co. and its affiliates, legal representatives, officers, agents, employees, third-party contractors, successors, heirs and assigns harmless from all claims and/or damages or liability of any kind arising from any reproduction or use of the Images. This includes, but is not limited to, claims related to the use of the likenesses of anyone captured in the images, or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
LIMITATION OF LIABILITY
In no event shall Denver Headshot Co. or any of its affiliates, third-party servicers, or contractors be liable to Client for any direct, indirect, incidental, special or consequential damages of any kind. To the fullest extent permitted by applicable law, under all circumstances, the liability of Denver Headshot Co. and its affiliates, third-party servicers or contractors is limited to a refund of amounts paid by Client to Denver Headshot Co. Applicable law may not allow the limitation of liability set for above, so this limitation of liability may not apply to Client, and Client may have rights additional to those contained herein.
WARRANTY DISCLAIMER
EXCEPT AS SET FORTH IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND GOODS, INCLUDING PHOTOGRAPHS, PROVIDED HEREUNDER ARE PROVIDED “AS-IS”, WITHOUT ANY WARRANTY OF ANY KIND AND DENVER HEADSHOT CO. HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
ENTIRE AGREEMENT
This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior oral or written agreements between the Parties.
DIGITAL EXECUTION
The Parties agree that digital or electronic signatures shall be binding on the Parties and sufficient to execute, negotiate and finalize this Agreement.
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Last Update: July 11, 2023