INCORPORATION OF TERMS AND CONDITIONS:

All contracts and transactions between the Photographer, Sarah Rypma, and the Client, whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any and all such contracts and transactions.

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OWNERSHIP OF IMAGES:

All images and other work produced by Photographer are the property of and copyrighted by Sarah Rypma Photography LLC. No images, content, or work may be copied, duplicated, altered, or otherwise taken without express written permission from Sarah Rypma Photography LLC and/or the creator of the work.

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IMAGE PROCESSING & EDITING STYLE:

Client acknowledges that Photographer uses professional judgment and a consistent artistic style in selecting, editing, and delivering images. This may include color correction, cropping, retouching, and the use of industry-standard editing tools, including AI-assisted software. Final delivered images reflect the Photographer’s creative vision and may not be altered, re-edited, or modified by Client without express written permission from Photographer.

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SOCIAL MEDIA AND WEBSITE POSTINGS:

Unless otherwise agreed by Client and Photographer in writing prior to the session, Sarah Rypma Photography LLC maintains the right to use, publish, and display images, work, and content from Client’s photo session or derivatives thereof on Sarah Rypma Photography LLC’s website, social media platforms, portfolios, marketing materials, or other media outlets for the purposes of advertising and promotion.

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Client acknowledges that children under the age of 18 lack the legal capacity to enter into agreements, and by accepting these terms and conditions, the Client consents to their children’s inclusion in such use.

 

Images may appear in cropped, resized, paired-with-text, or layout-specific formats for web, social media, and promotional use.

Client agrees not to apply additional filters, heavy edits, AI-based alterations, or modifications that materially change the Photographer’s work when posting images online, including but not limited to changes in color, lighting, facial or body modification, or cropping that removes copyright metadata.

 

Clients may request in writing, prior to the session, that images not be used for promotional purposes. Such requests must be submitted before the photo session and may affect availability or pricing.

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MODEL RELEASE & WAIVER OF CLAIMS:

Client grants Photographer the irrevocable and unrestricted right to use, publish, and display images for portfolio, website, social media, editorial, promotional, and advertising purposes, without limitation.

Client acknowledges that dissatisfaction with personal appearance, expression, portrayal, or interpretation of images does not constitute grounds for revocation of this consent.

Client waives any right to inspect or approve the finished images or the manner in which they are used and releases Photographer from any claims, demands, or causes of action arising from the lawful use of images, including but not limited to claims for defamation, invasion of privacy, or emotional distress.

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PAYMENT TERMS:

A. Payment is due on or before the day of the photo shoot. Photo galleries will not be posted until payment is received in full. After posting, galleries will expire after thirty (30) days.

B. A deposit of fifty percent (50%) of the total contract amount may be required for scheduled events. The deposit requirement is at the discretion of the Photographer and is typically necessary for events scheduled more than one (1) month in advance.

C. If a deposit is taken prior to the work, the amount of that deposit will be shown as a credit on the invoice. Deposits may be required for larger projects or projects involving rental equipment or travel beyond one hundred fifty (150) miles one-way or overnight travel.

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RETENTION OF TITLE:

A. Photographer reserves the right to retain all images and content from the photo shoot until all monies owed to Photographer have been paid in full.

B. Images may not be copied from the online gallery or used in any form without express written permission of Photographer.

C. In accordance with United States Copyright Law, the copyright of all images created by Photographer is owned exclusively by Photographer. Sarah Rypma Photography LLC retains all copyright benefits for all images created.

D. Copyright metadata contained within any digital file may not be altered, removed, or obscured without express written consent of Photographer.

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DELIVERY TIMELINE:

Estimated delivery timelines are provided as a courtesy and are not guaranteed. Delays may occur due to illness, equipment failure, volume of work, or other unforeseen circumstances. Photographer will make reasonable efforts to communicate any significant delays.

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RESHOOTS:

A. Photographer will charge one hundred percent (100%) of the session fee and related expenses for any reshoot required due to Client-related circumstances, including but not limited to regretful clothing choices or uncooperative participants.

B. For any reshoot required due to an act of God or the fault of a third party, Photographer will not charge an additional session fee; however, Client shall be responsible for any incurred expenses.

C. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client shall not be charged for expenses covered by such insurance. A list of insurance exclusions will be provided upon request.

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FORCE MAJEURE:

Photographer shall not be held liable for failure to perform obligations due to events beyond reasonable control, including but not limited to illness, injury, weather events, natural disasters, government restrictions, or equipment failure. In such cases, Photographer will make reasonable efforts to reschedule.

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LIMITATION OF LIABILITY:

In the unlikely event of total failure to perform, Photographer’s liability shall be limited to the return of all payments received. Photographer shall not be liable for consequential, incidental, or emotional damages.

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UNAUTHORIZED USE BY THIRD PARTIES:

Photographer is not responsible for the unauthorized use, reproduction, or distribution of images by third parties who obtain images without permission, including but not limited to downloading, screen capturing, or copying images from online galleries, websites, or social media platforms. Client agrees to hold Photographer harmless from any claims arising from such unauthorized third-party use.

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STOCK PHOTOGRAPHY:

A. Photographer retains all copyrights to images and may license images for stock photography purposes without Client permission provided that the images do not contain a recognizable human face.

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USAGE LICENSE:

Client is granted a personal, non-commercial license to use delivered images. Commercial use, including but not limited to advertising, branding, resale, or promotional use by businesses or organizations, requires a separate written agreement.

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ARCHIVING DIGITAL FILES & ONLINE GALLERY:

A. While Photographer may choose to archive image files, it is the Client’s responsibility to properly store, back up, and archive all delivered images.

B. Photographer cannot guarantee the availability of any image files beyond the date of first delivery.

C. Online galleries will expire after thirty (30) days.

D. Client acknowledges that optical, magnetic, electronic, and other digital storage media are inherently unstable. Client hereby releases Sarah Rypma Photography LLC and its contractors and representatives from any liability for claims, damages, or costs arising from any media supplied by Photographer becoming unusable.