Definitions

The Photographer: Elizabeth Mohney & Birch Arrow Photography

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.

Return Policy

Our goal at Birch Arrow Photography is your complete satisfaction with your purchase.

In the case of camera failure, inclement weather, or any other unforeseen incident that prevents Birch Arrow Photography from shooting on a scheduled date the client will get a full refund of their deposit if applicable. No refund will be given under any circumstances if you fail to attend the activity on the day and at the time listed, when the booking was made.

Due to the nature of digital photography and the fact the photographs, once sent, cannot be returned; Birch Arrow Photography has a strict no refunds policy. Once a transaction has been completed (i.e. the buyer selected and paid for the photo session and then Birch Arrow Photography sent the buyer the correct photography) it is then considered non-refundable. Refunds will NOT be given due to 'not liking a photo'.

Refund/Exchange for Custom Wedding Albums and Photo Books

Due to the custom pre-designed nature of these services, there are no refunds on any designed order. Albums ordered are considered a custom product and therefore there are no refunds on any album orders.

Policies

All prints are products are subject to your state sales tax and shipping when applicable. Due to the nature of custom photography, all sales are final. Birch Arrow Photography does guarantee that the portraits you receive meet the highest standards in every respect and works with the customers to approve designs and custom work before orders are placed. Payment of orders are due in full when the order is placed. Prints and products arrive 4-6 weeks after payment is received.

Booking and Rescheduling

The $100 retainer, required of all sessions, is nonrefundable, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $100 to hold your spot.

Facebook Sharing and Other Social Media

It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Birch Arrow Photography 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 Birch Arrow Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.

You are permitted to click the “share” button on any photos posted to Birch Arrow Photography’s Facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.

Edits

Birch Arrow Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Birch Arrow Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. Birch Arrow Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.

Once again, edits are solely made by Birch Arrow Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.

Copyright and Reproductions

Birch Arrow Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’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.

Client’s Usage

The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.

Client is never permitted to edit or alter any photo that is copyright of Birch Arrow Photography.

Inherent Qualities

Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Birch Arrow Photographer suggests printing from professional printing labs such as mpix in order to receive highest quality prints.

Failure to Perform

If the Photographer 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 Photographer’s illness, then the Photographer 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 the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

Portrait Care

Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.

Safety

Birch Arrow Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Birch Arrow Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and 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 Michigan.

Privacy Policy

Your privacy is important to us. We provide this notice to explain our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on the Birch Arrow Photography website.

The only personal information we collect is name, street and email address, and telephone number. Your credit card information will also be collected if that form of payment is used to make your purchase but, that data is only used to process your transaction is not stored in our database.

We use the personal information collected from you to facilitate taking your photographs, communicating with your regarding your photographs and other related products and services, and processing any transaction you may do with Birch Arrow Photography. Such personal information as we collect is not used for any other purpose and is not shared.

We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put into place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Protecting the privacy of the very young is particularly important to Birch Arrow Photography. For that reason, we never collect or maintain information at our website from those we actually know are under the age of 13, and no part of our website is structured to attract anyone under 13 to provide information to us.

You can correct factual errors in your personally identifiable information by sending us a request detailing the error(s). To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. In the unlikely event any of the personal information you supply us online is misused, you may redress these issues by contacting us directly at Liz@bircharrowphotography.com.

Should you have questions or concerns about this Privacy Policy, please call us at (269) 830-9845 or send us an email at Liz@bircharrowphotography.com.