Terms and Conditions
Website
Acceptance of the Terms of Use
Welcome to the website of my1stphoto.com. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of my1stphoto.com, including any content, functionality and services offered on or through my1stphoto.com. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. • You may store files that are automatically cached by your Web browser for display enhancement purposes. • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. • If we provide social media features with certain content, you make take such actions as are enabled by such features. You must not: • Modify copies of any materials from this site. • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [E-MAIL ADDRESS]. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Sessions
My First photo only delivers the photos in digital format, the printed photos or CDs are sold separately.
1. Cancellation. In the event of an illness, please call as soon as possible to reschedule. My First Photo maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Requests for rescheduling or re-shoots are granted only at the photographer's discretion. But if the Client decides to cancel and not reschedule the session for any reason, 50% of the cost of the session will be charged to the credit card provided in this form non-refundable.
2. Reschedule. The Reschedule fee is $150. The client will have a maximum of 2 times to reschedule the session to avoid the cancellation fee, in case of newborn the client can reschedule a maximum of 2 times or before the baby reaches 1 month, and in case of maternity the client can reschedule a maximum of 2 times or before the mother is 38 weeks pregnant.
3. Raw images. My First photo does not deliver images that have not been edited to the highest professional standard and to the style of her portfolio.
4. Payment. the payment of the cost of the session must be done the day of the session, My First Photo will not start any gallery retouching/editing on finalized images until all payments have been finalized.
5. Print. The photographer is not responsible for printing errors or for quality of prints or products printed elsewhere.
6. Returned Checks. Checks returned by the bank, for any reason, will be charged a $25.00 service charge.
7. Refunds. No Refunds will be given after session day.
8. Digital images. Once your gallery has been issued, selection of images must be finalized within 3 days. My First Photo will provide you with assistance if required in choosing your images
9. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
10. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
11. Selection of images.. The photographer will send more photos than the ones included in the package as a preview, with the intention that the client chooses the photos that he likes the most. if the client decides to buy extra photos after having chosen them in preview, the money will not be returned after the client paid them.
12. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
My First Photo retains the copyright on all images and reserves the right to use the images for advertising, display, publication, social media and/or other purposes for our portfolio. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Digital files and previews remain the exclusive property of My First Photo. Under no circumstances, can a client use these images for profit, commercial endeavours, professional display, or in competition. Copying, snap shotting, saving or scanning images from the clients gallery, My First Photo website, or social media sites is considered stealing, regardless of the intent for use. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file. SHARING images and links on the web from its main source is highly acceptable and encouraged to show family and friends your beautiful images.
Liability: The client is aware if they choose to print their images through a personal chosen lab that the quality of the end result print of the digital files delivered is not under the control of the photographer, and frees My First Photo from any liability for any potential claims whatsoever based upon discolouration in the end result. My First Photo is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. By signing this contract, you are agreeing not to copy, save, or reproduce images in anyway other than backing up your digital files. This includes copying and saving images from website, social media, or any there form of advertisement.