Terms of Service

The Client and The Photographer

 

In the following terms & conditions “the photographer” shall mean Randy Hanner doing business as “”Randy Hanner Photograpy”, ”Hanner Ohana Photos” or “Hanner Sanderson LLC”
“The clients” or "CLIENT" shall be those people or businesses obtaining services in exchange for a fee or promotion or at no charge from "the photographer" or from other assigned photographer(s), staff, contractor or associates as assigned in assisting with photoshoot, makeup, hair design, logistics or tasks as necessary for performing its services. Clients include professional or aspiring models engaging the photographer for any services with or without payment to trade for free prints, digital images or promotions.
Clients include invitees and participants attending the event, where "the Photographer" is invited or contracted to provide its services for all activities related to the event. Client agrees to all terms and conditions, by engaging "the Photographer" irrespective of the mode "the Photographer" is engaged to provide its services. The Photographer can be engaged by signing an agreement, by email, by text or use of other online messaging methods, or in rare occasions agreement via phone. An agreement is entered once the client agrees to engage "the Photographer" to obtain its services for their individual, family, their invitees, event and their invitees and anyone they want "the Photographer" to provide their services. The following terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by "the photographer" in writing. 
Federal Copyright Act

 

Copyright is a property right. Under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation.
According to the U.S. Copyright Office, the owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of interstate succession.
Display and Reproduction Rights

 

The client(s) hereby provides the photographer with exclusive rights to display and publish any photograph(s) to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, print and digital competitions etc.
The Client(s) hereby gives the photographer absolute and irrevocable rights and permission to photograph the client, the client's customers, family and friends and children that the client has invited to the session(s). The client agrees to have obtained the same waiver and rights from the client’s customers, family, children and friends.
The photographer reserves the right to the original RAW and un-edited images. The photographer is not obligated and will not provide the RAW images and un-edited images to the client. The photographer reserves the right to delete and permanently destroy any or all images that are inappropriate, distorted or of poor quality at the discretion of the photographer.
A print release may be included at a cost as determined by the photographer for digital files to print portraits for personal use up to designated size as listed on print release. The print release does not allow publication of the images, selling or altering the images without the photographer’s written permission.
Photographer reserves the right-to-decline to photograph any subjects, places or activity involving unethical, illegal, inappropriate and impacting personal beliefs or moral reasons as determined by the photographer. 
Creative License, Coverage and Production

 

Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients’ requirements.
Special requests are not binding instruction, although every effort will be made to comply with the client's wishes. The photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather, circumstances and the availability and willingness of subjects.
For a booking involving a church ceremony or at certain venues, sometimes the photographer's movements restricted by the official in charge or due to venue policies. In such case the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
Photographer 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.
Due to a variety of lighting conditions and the limitations of digital sensors, cameras and lights some colors and quality may alter throughout a set of photographs.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failures, limitations of equipment or accidental loss of data or images.
Photographer uses some of the best available equipment and color corrections standards and lab for digital image creation and print products, however client understands that there will be some color variation, contrast and exposure due to technical and human limitations including creative elements. 
Fees and Payments

 

Session Fees: Client agrees to pay photographer a retainer fee equal to 50% of booking fees at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward the session. The balance is due at the time of the session. The session fee covers the time and talent of photographer spend during at the photo session. State and local taxes, additional location fees/permits as applicable will apply.
Editing Fees: Basic retouching and editing of images as determined by the photographer (cropping, color and exposure adjustments using standard templates) will be performed only on the digital or print images purchased by the client.
Enhanced Editing Fees: Any additional corrections, object removals, alternations, background changes and advanced creative changes is available at an additional cost to be determined by the photographer depending on the effort required for the custom or special request.
Product Cost: Digital Images and Print Products are available for purchase as per the list price unless specified in a package or bundle offer. Price can be quoted for special and custom orders of prints and digital products, to be determined on case-by-case basis. Additional prints or digital images may be available for purchase.
Photographer reserves the right to modify the list price and/or fix errors or omissions at any time without any notice. Photographer will not honor any incorrectly listed or quoted price due to human, typographic or electronic errors and will quote corrected price. All price listed are in USD.
For promotional items, gift sessions and gift cards, client agrees to redeem the gift or promotional certificates prior to the session and present any printed certificate or code for redemption. 
Any additional sessions or increase in duration is subject to the schedule of the photographer. Any other products or services will be available at an additional cost, to be determined by the photographer.
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
Travel and Location Costs & Fees

 

Photographer may decline to enter any private or restricted location and will adhere to local and government restrictions, or places restricted for photography.
Session fee covers travel within 30 minutes of Carthage, MO. Any location outside of these limits will be subject to an additional travel re imbursement as determined at the time of booking.
If there are any costs/fees associated with the location the client has chosen for their session, the client will be responsible for those fees. The photographer will not guarantee or arrange payment on any location.
Rescheduling, cancellations and re-shoots

 

If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 48 hours prior to their shoot without penalty or 24 hours in case of emergency. 
Should the client fail to give a minimum 24 hours’ notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. 
Photographer reserves the right to reschedule or cancel a scheduled session due to the photographer’s illness, weather condition, equipment malfunction, or other circumstances beyond the control of the photographer.
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer.
Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute touchups, feeding, changing, and relaxing before session begins. 
View, Ordering and Archiving of Images

 

Photos from the session will be made available for viewing and ordering online or in personal one-on-one sessions. Photography may be watermarked for pre-purchase copyright reasons.
Photos will be made available to client online for proofing and products ordering for 15 days. Re-listing of online proof gallery will be made for an fee. Photos can be made available online for a fee for future ordering until 12 months.
After twelve (12) months, all images will be archived and purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. 
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Photos may be retrieved from archive at a cost.
Client agrees not to photograph images from computer or electronic screens or from printed images and reproduce in any form including sharing on social media platforms. Photographing and reproducing any un purchased images will be invoiced at the full-reproduction rights costs along with editing costs, project loss of revenue and damages. 
Exclusive rights will be given to the purchased photographs for full or partial print release or digital sharing depending on the type of purchasing agreement.
Damage and Liability

 

Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit or during shipping. Client assumes all responsibility for the safety of all portraits upon receipt.
Photographer 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.
The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Clients including event organizers, organizations and companies assume full responsibility and liability of the event including damages caused directly or indirectly by the photographers presence or involvement in the event. Event organizers assume responsibility to deal and remove any participants who otherwise can cause harm physically or mentally or disrupt the photographers ability to take photographs, videography and or provide its services.
Event Organizers including companies and organizations assume full liability and release the photographer of all claims and liabilities.
The Photographer reserves the right to photograph or provide its services or refrain from providing its services in the event where "the Photographer" feels threatened, forced or asked to involve or provide services where "the Photographer" feels inappropriate, unethical or illegal. 
Copyright & Penalty

 

Hanner Ohana Photos retains all copyrights to all images created during client’s session. A print release may be included with digital files based on the package purchases to print portraits for personal use up to designated size as listed on print release. The print release does not allow publication of the images, selling or altering the images without the photographer’s written permission. Unless a print release in included along with the digital image(s), all images are copyrighted including reproduction in any form.
Hanner Ohana Photos  retains all copyrights to all images created during any live event. Digital Photos purchased at designated live events includes a print release up to 8"x10" for personal use only. The print release does not allow publication of the images, selling or altering the images without the photographer’s written permission.
User may share the images across social media and online platforms as long as the images are not altered and/or logos placed are not omitted, cropped or hidden from the images. Social Media Sharing should credit Hanner Ohana Photos.
In case of mass event photography, especially at dance studios, competitions, sports events, the Photographer is charging for the art rather for the equipment usage and other related expenses. The Photographer retains all copyright and reproduction rights to all images.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Hanner Ohana Photos during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. 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. 
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or videotaping during the session.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/Facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you.
Pixieset