Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Definitions

The Photographer

Stephen Govel Photography LLC

the client

Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

Booking deposit

The $250 booking deposit ($100 of which is the session fee, and $150 of which goes towards any artwork you purchase), required of all sessions, is nonrefundable, with the exception of extreme weather situations for outdoor sessions. Any rescheduling by the client will require an additional booking deposit of $250, and the first booking deposit will be forfeit.

Price including the session fee as well as a credit towards a Client’s artwork purchase. This includes, but is not limited to The Photographer’s time. Time spent BEFORE the session and design consultation, time spent DURING the session and design consultation, and time spent AFTER the session and design consultation. BEFORE: Includes but is not limited to time on phone calls, pre planning, e-mailing, setting up for the session and design consultation. DURING: Session fee of $100 (this rate can and will change at the discretion of Stephen Govel Photography LLC) for approximately 1 hour of Stephen Govel Photography LLC’s photographic services, artistic vision and expertise. Travel time within a 1 hour drive of 08736. Preparing photographs for the cinematic design consultation. Expertly guiding the Client to select photographs to design custom artwork. AFTER: Retouching any photographs, compiling the order, sending to the lab to print, updating the Client throughout the process, receiving and preparing the artwork for the Client for pickup.

Also included in the session fee is general expense and wear and tear of equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, props, cameras, lenses, presentation and editing equipment).

Stephen Govel Photography LLC accepts cash, checks, and all major credit cards. A $30.00 fee will be imposed for any returned checks.

ARTWORK PURCHASES

The Client can order artwork ONLY at their design consultation. One design consultation is included per portrait experience on the day of your photo session, at which all decision makers must be present for the entirety of the design consultation. If they are not, Stephen Govel Photography LLC reserves the right to cancel the design consultation and/or reschedule for another time with a non-refundable $250 reschedule fee. All ordering decisions are to be made at the design consultation and paid for. Photographs that are not purchased will not be saved. Photographs that are purchased will be saved for up to 1 year in case the Client wants to re-order through an additional design consultation. At the end of the design consultation, payment is required and the Client order will be immediately put into production. Changes to the Client order are not permitted after the design consultation has ended and the order has been finalized.

From the time artwork is ordered, it may take anywhere from 4 - 6 weeks to produce and be ready for pickup. Holidays, busy seasons, and any order imperfections that do not meet the standards of Stephen Govel Photography LLC may affect this time estimate, and are out of Stephen Govel Photography LLC’s control. We will do everything we can to get orders back and ready for pickup as soon as possible.

There is no guarantee on any physical artwork once it is in the Client’s possession, as Stephen Govel Photography does not have the ability to protect the artwork from potential damage from a variety of situations that may arise. Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the Client. If you have a concern, please contact us asap and we will always try our best to make any issue right!

DIGITAL PURCHASES

Social Media Size digital collections come as low-resolution digital images for download. They are sized at 2000px long with 144dpi. They do not come with print rights, and only may be saved and shared digitally.

High Resolution digital photographs for download. These photographs come at the highest resolution possible after cropping has been taken into account, delivered at 300dpi.

The selected digital images (the "Work") come with a license for Royalty-free personal use and full print rights (only high resolution digital photograph purchases have print rights). Upon purchase and digital delivery, Stephen Govel Photography LLC grants the Client with a non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. The Client is prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Stephen Govel Photography LLC retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future. 

Gift voucher purchases

The purchase of a gift voucher is non-refundable and the gift voucher has no cash value. It can be transferred to another person as long as Stephen Govel Photography LLC is notified in writing. The expiration date written on the voucher can not be extended. It can be redeemed at one portrait experience only. It can not be used in combination with any other offers, promotions, past orders or sessions. One design consultation is offered and scheduled with each portrait experience. The gift voucher may be used towards the Client’s artwork purchase. A booking deposit of $250 is still required to book the Client’s portrait experience in Stephen Govel Photography LLC’s calendar. The $250 booking deposit is made up of two separate items, a $100 session fee and a $150 credit toward the Client’s artwork purchase. The $100 session fee will be subtracted from the total value of the gift voucher when making a purchase at the design consultation. For example, a $600 gift voucher will have $500 credit towards any artwork the Client would like to purchase.

If the Client order total does not reach the artwork credit amount of the gift voucher value, no refunds for the remaining balance will be given.

If the Client order is covered by a separately purchased gift voucher, and the required additional $250 booking deposit ($100 session fee, $150 artwork credit) does not need to be used to cover the order total, whatever the remaining amount is of the $150 artwork credit from the booking deposit will be refunded to the Client from the same payment method used to pay the booking deposit.

Sole Photographer During Session

During your photography session and design consultation with Stephen Govel Photography LLC, the Photographer (Steve) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session and forfeit of the booking deposit.

Facebook / instagram Sharing and Other Social Media

We know you’ll want to share your photographs on Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting the purchased digital photographs to social media sites, only in the case that Stephen Govel Photography LLC is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Stephen Govel Photography LLC has uploaded to Facebook or their website. The Client and family members have the ability to purchase photographs that do not have a watermark.

You are permitted to click the “share” button on any photos posted to Stephen Govel Photography LLC’s social media pages. Sharing can NOT be done via screen shots of photos.

Edits

Stephen Govel Photography LLC reserves the right to edit and release only the photographs that are deemed professional in quality and within Stephen Govel Photography LLC’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well as removal of distracting elements within the photographs agreed on by both the Client and Stephen Govel Photography LLC during the design consultation. It is requested the Client take care of all potential issues dealing with hair color, wrinkles in clothes, or any cosmetic issues before the session.

Copyright and Reproductions

Stephen Govel Photography LLC shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. Stephen Govel Photography LLC shall only make reproductions for the Client or for Stephen Govel Photography LLC’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.  

Failure to Perform

If Stephen Govel Photography LLC cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Stephen Govel Photography LLC’s illness, then the Stephen Govel Photography LLC shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Stephen Govel Photography LLC. In the event Stephen Govel Photography LLC fails to perform for any other reason, Stephen Govel Photography LLC shall not be liable for any amount in excess of the retail value of the Client’s order.

SAFETY

Stephen Govel Photography LLC reserves to right to terminate coverage and this contract, and leave the location of the event(s) if Stephen Govel Photography LLC experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and/or any deposits paid will be non-refundable. 

Severability

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. 

Miscellaneous

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of New Jersey.