TERMS & CONDITIONS

1. Services and Payment: For portrait sessions, a $50, non-refundable deposit is due upon scheduling your session with Hey Sisters! Photography. For engagement sessions, a $100 non-refundable deposit is due. We accept cash, check, or credit card via PayPal. Full payment and completed electronic contract and signature, are due within three days of your scheduled session. If payment and contract are not received within the stated time period, the date will be opened to other clients. Please note: All credit card payments are processed through PayPal; however, you do not need a PayPal account to use this method. If paying for your session deposit with a check, you can send to 1325 Sunwood Drive, South Bend, IN 46628. Please make checks payable to Hey Sisters! Photography. If you should have any issues or questions, please send us an email at info@heysistersphotography.com or give us a call at 574-386-3258.

2. Cancellation Policy: All deposits are non-refundable, in the event of a date change or cancellation by the client for any reason. Payment may be applied to future session, and would be subject to most current rates. 

3. Proofs: At least 25 online digital negatives will be presented in an online viewing gallery approximately two weeks, or sooner, from the session date. A Facebook preview on Hey Sisters! Photography's business page can be expected 24 to 48 hours after session.

4. Failure to Perform: If Emily Allison or Erin Elliott {Hey Sisters! Photography} is unable to perform to the guidelines of this contract due to a fire or casualty, act of God, act of terrorism or other cause beyond the control of the parties, Hey Sisters! Photography shall have no further liability with respect to the agreement. If Hey Sisters! Photography is unable to perform to the obligations in this contract for any other reason, Hey Sisters! Photography will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that the high resolution digital files are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost with or without fault of the photographers. While every attempt is made to create the best images possible, no particular photo is guaranteed.

Failure to Perform: If Emily Allison or Erin Elliott (Hey Sisters! Photography) is unable to perform to the guidelines of this contract due to a fire or casualty, act of God, act of terrorism or other cause beyond the control of the parties, Hey Sisters! Photography shall have no further liability with respect to the agreement. If Hey Sisters! Photography is unable to perform to the obligations in this contract for any other reason, Hey Sisters! Photography will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that the high-resolution digital files are lost through camera malfunction, damaged In processing, lost in the mail, or otherwise damaged or lost with or without fault of the photographers. While every attempt is made to create the best images possible, no particular photo Is guaranteed.

Impossibility
Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within  30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of  15 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

Failure to Perform Services 

In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Appropriate Conduct/ Safe Working Environment
Health & Safety

Client(s) further understand that Hey Sisters! Photography complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the portrait session Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request Hey Sisters! Photography to do anything illegal or unsafe. Further, Hey Sisters! Photography will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Hey Sisters! Photography reserves the right to end service coverage immediately and/or leave the portrait session. Hey Sisters! Photography shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Hey Sisters! Photography harmless as a result of incomplete event coverage, or for a lapse in the quality of Hey Sisters! Photography work.


5. Photographer Scheduling: In the event of an illness, other unforeseen circumstance or scheduling conflict, services will be rescheduled or monies will be repaid for unfulfilled services.

6. Satisfaction Guarantee: If Client or Photographer is not completely satisfied with the sitting and/or previews, under reasonable circumstances, both may request another session at no additional charge for services. 

7. Pricing: Digital files from your session are included in your session fee and will be available via download. Your private, online gallery is available for 60 days, after the delivery of your gallery link. All prints and products are purchased separately from the session fee. {Please contact Hey Sisters! Photography for a full price sheet.} By signing this contract, client certifies that they have received and agree to the pricing system. Please note: Travel fees will be applied to any session location 25 miles or more, outside of South Bend or Grand Rapids. This fee will be applied to the final session price.

8. Price Guarantee: The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically. Prices are good from the date of booking of services through four weeks after the delivery of the online gallery. After this period of time, all orders shall be charged at the prices in effect at the time the order is placed. 

9. Client Image Usage: Images may be used for personal use only, and may not be sold or published without the written consent of Hey Sisters! Photography. If images are used in any online media they must contain proper copyright display (© Hey Sisters! Photography).

10. Copyright and Reproduction: All rights to the images created by Hey Sisters! Photography will remain with the photographer. Hey Sisters! Photography reserves the right to display any photographs made in conjunction with this session as samples of their work, for use in exhibit, stock photography, editorial, advertising, promotion on the internet, publication, instruction and professional competition. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining written permission of the Client.

11. Inherent Qualities: The Client understands that due to the inherent qualities of photographic dyes and materials, the photographs may fade or discolor over time. The Client agrees to release the photographer Hey Sisters! Photography from any liability for any claims based whatsoever upon fading or discoloration due to such inherent qualities.

12. Miscellany: Any changes to this Agreement must be in writing and signed by both parties. This Agreement incorporates the entire understanding of the parties and is governed by the laws of Indiana. By signing this contract the photographer and the client agree to all terms & conditions stated in this contract.