Terms and conditions

Melissa Hoareau Terms and Conditions
19/09/2023

**1. Acceptance of Terms**

By engaging in any photography services provided by Melissa Hoareau you agree to adhere to the following terms and conditions. If you do not agree with these terms, please refrain from using our services.

**2. Booking and Payment**
2.1. **Booking:** To secure our photography services for a specific date and time, a signed contract and a non-refundable deposit are required.
2.2. **Pricing:** Pricing for our photography services will be outlined in the contract provided to you. Additional fees may apply for travel, extra hours, or specific requests.
2.3. **Payment:** Payment terms are outlined in the contract. Payment can be made via Bank Transfer. Failure to make payments as specified may result in the cancellation of services.

**3. Cancellation and Rescheduling**
3.1. **Cancellation by Client:** In the event of cancellation by the client, the deposit is non-refundable. Depending on the timing of the cancellation, additional charges may apply as outlined in the contract.
3.2. **Cancellation by Melissa Hoareau:** We reserve the right to cancel services due to unforeseen circumstances, including but not limited to illness, equipment failure, or force majeure. In such cases, a full refund will be provided.
3.3. **Rescheduling:** We understand that unforeseen events may require rescheduling. Please notify us as soon as possible, and we will do our best to accommodate your new date, subject to availability.

**4. Photography Rights and Ownership**
4.1. **Copyright:** Melissa Hoareau retains the copyright to all images captured during the session. Clients are granted personal use rights but are prohibited from selling, altering, or otherwise distributing the images without written consent.
4.2. **Model Release:** Clients agree to allow Melissa Hoareau to use images from the session for promotional and marketing purposes, unless otherwise specified in the contract.

**5. Client Cooperation**
Clients are expected to cooperate during the photography session, follow the photographer's directions, and be respectful of the photographer's creative process. Any uncooperative or inappropriate behavior may result in the termination of the session.

**6. Delivery of Images**
6.1. **Delivery Time:** Melissa Hoareau will provide an estimated timeline for the delivery of edited images in the contract. Delays may occur due to post-processing and unforeseen circumstances.
6.2. **Image Selection:** Melissa Hoareau will select and provide the final edited images, typically within 14 days, in a format specified in the contract.
6.3. **Editing services.** Melissa Hoareau only includes color grading in the editing service. Please note that any additional Photoshop work will incur an extra charge. If you have specific Photoshop requirements, please let me know, and I can provide you with a quote for that additional work.

**7. Liability**
Melissa Hoareau will take reasonable care during the photography session but is not liable for circumstances beyond our control. Clients are responsible for their safety and the safety of their belongings during the session.

**8. Dispute Resolution**
In the event of a dispute, both parties agree to attempt to resolve the matter through mediation or arbitration before pursuing legal action.

**9. Amendments to Terms**
Melissa Hoareau reserves the right to amend these terms and conditions at any time. Clients will be notified of any changes, and continued use of our services constitutes acceptance of the updated terms.

**10. Re-editing of Images**
10.1. **Re-editing Restrictions:** Clients are prohibited from re-editing, altering, or manipulating the images provided by Melissa Hoareau without written consent. Any such modifications may compromise the quality and integrity of the images.
10.2. **Re-editing Requests:** If clients wish to request specific edits or alterations to the delivered images, they may do so within 3 days from the date of delivery. Melissa Hoareau will evaluate such requests on a case-by-case basis and may charge additional fees for extensive re-editing.
10.3. **Quality Assurance:** Melissa Hoareau is committed to delivering high-quality, professionally edited images. Re-editing requests should be discussed and communicated promptly to ensure client satisfaction while maintaining the photographer's artistic integrity.

**11. Usage Duration:**
The brand is granted usage rights for the images provided for a period of 12 months from the date of delivery ("Usage Period"). During this time, the brand is permitted to use the images for its intended purposes, as outlined in our agreement.

**11.1 Termination of Usage Rights:**
Upon the expiration of the 12-month Usage Period, the brand must cease using the images for any purpose, including but not limited to marketing materials, advertising campaigns, and promotional activities. Continuing to use the images beyond this period without a renewal agreement is a violation of this agreement and may result in legal action.
**11.2 Renewal of Usage Rights:**
If the brand wishes to continue using the images beyond the initial 12-month period, it must seek written consent from the photographer and negotiate the terms for an extension or renewal of usage rights. The photographer reserves the right to grant or deny such requests at their discretion.
This clause ensures that the brand has specific usage rights for a defined period and clarifies the process for extending those rights if necessary.

By engaging in our photography services, you acknowledge that you have read, understood, and agreed to these terms and conditions as outlined above.