Terms & Conditions
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process and/or making partial or full payment for a session or products, or for any and all complimentary sessions. All transactions between the Photographer (Sugar & Spice Photography, us/we) and the Client (you/I), whether made verbally or in writing, are subject to the terms and conditions. These terms and conditions, or any part of them, may be terminated by Sugar and Spice Photography, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Use of Photographs/Copyright & Ownership
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to make prints, reprints, copies, or digital duplications of any images created by the photographer.
Reproduction rights (if and when granted) are strictly limited to the uses specified in the Photographer's Terms & Conditions or in writing by the Photographer. Any license is granted to the Client only upon payment in full of the amount due pursuant to the Photographer's payment terms.
Client may never purchase the copyright of images created by the Photographer.
In instances where the Client requests copies of images that the Client has supplied from another photographer, all work is undertaken on the assumption that the Client has obtained written permission from the copyright holder for copies to be made. The Photographer may contact the copyright holder to confirm that authorization to copy the images has been given. The Client agrees to fully indemnify the Photographer for claims or damages or any costs arising from claims for copyright infringement made by a third party.
Client grants to Sugar & Spice Photography, its assignees, licensees, legal representatives and transferees ["Sugar and Spice Photography, LLC"] the right to use Client's name and likeness for promotional purposes of Sugar & Spice Photography. Client irrevocably authorizes Sugar & Spice Photography to use and publish photographs, pictures, portraits or images in which the Client appears ["Photographs"] in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, and publishing (including publishing in electronic form-which may include websites, blogs and social media such as: Facebook, Instagram and Twitter) for lawful uses as may be determined by Sugar & Spice Photography. Client waives all rights to review or approve any uses of the Photographs unless Client declines with written notification which is received prior to Client’s session.
YOU MAY NOT COPY, SCREEN-GRAB, DOWNLOAD, REDISTRIBUTE, TRANSMIT, PUBLISH, STORE, REPRODUCE, ALTER, PRINT, SCAN, POST OR OTHERWISE USE THE PHOTOGRAPHS IN ANY WAY, AT ANY TIME OR ON ANY WEBSITE OR PHOTO SHARING SITE WITHOUT WRITTEN PERMISSION BY SUGAR & SPICE PHOTOGRAPHY, LLC. IT IS ILLEGAL AND PUNISHABLE BY LAW. The law states, as authors of the images, Sugar & Spice Photography is the owner of the copyright of the images. Sugar & Spice Photography, LLC vigorously protects copyright interests. In the event an infringement is discovered, you will be notified and invoiced at the minimum ten times the standard fee for unauthorized usage and/or prosecuted for Copyright Infringement in US Federal Court.
Discounts & Payments
Please understand that discounts, special promotions, online certificates, benefit donation certificates, online promotion military discounts or any other deals, special pricing or offers cannot be combined. Special certificates (such as mini shoot certificates), can be used toward a mini shoot, or value can be used and applied as a discount toward an upraded session, and no other discounts, promotions, etc. may be combined with it. The discount for cash may be combined with any and all discounts. Sessions with discounts of any kind cannot be scheduled on Saturdays.
Payments received in full or in part for sessions, products, certificates, or anything else, are non-refundable. We accept credit cards (Visa, Mastercard & Discover) or cash. Credit or debit card charges will appear on your statement as S&S, LLC. As we are a small business, we accept credit cards with a nominal 3.5% checkout fee.
As our hours are “by appointment only”, we must keep a very strict policy on cancellations and rescheduling. Once you have submitted your deposit or the session amount in full, there are no refunds. If you cancel your scheduled session, liquidated damages in the amount of your deposit or session fee will be charged.
If you need to downgrade your appointment for any reason, we require at least 2 weeks notice.
Please understand that your session may be rescheduled one time and must be within 12 months of date deposit was received, with these conditions:
-If your request to reschedule the scheduled session is made with more than 2 weeks notice before your scheduled session: The deposit in full will be transferred to a new appointment.
-If your request to reschedule the scheduled session is made with less than 2 weeks notice before your scheduled session: liquidated damages in the amount of your deposit will be charged and an a new deposit will be required to book a new session. If we are able to fill your appointment, a new deposit will be required to book a new appointment, but we will apply your original deposit (less an administrative fee) to your session's balance.
Requests to reschedule more than one time will be considered, but may result in additional administrative fees.
If you are late to your scheduled session, the time that you are late will be deducted from your session. If you are late more than one-half hour, your session is forfeited and your session fee used to cover liquidated damages.
Sugar & Spice Photography takes utmost care to honor scheduled session times and to deliver products and services as promised. However, should we be unable to perform services due to illness, injury, family crisis, unforeseen emergency or scheduling conflict, we reserve the right to reschedule the session within calendar year. If there is not a suitable time within calendar year, clients will receive a full refund of all amounts paid. If we fail to comply with this contract for any reason, liability is limited to the total amounts paid.
Proofs will be delivered in approximately (1) one to (4) four weeks from your session date. You will receive an email with a link and password to your private online portfolio. Due to online storage limitations, your portfolio is live on our proofing site for 14 days (mini sessions are live on our site for 7 days). Your portfolio’s expiration date is based on the date the proofing email was sent. It is your responsibility to schedule time to accommodate proofing from your session. We work hard to deliver on time and expect our clients to order in a timely fashion, but cannot guarantee when proofs will be delivered. However, we keep portfolios indefinitely. Should you choose to order at a later date or place another order, your portfolio will be re-activated for a period of (7) seven days, for a small fee.
No retouching is applied to proofs. Images included in your online portfolio are for selection purposes only and may show different options for cropping and coloring. We do offer a complimentary "teaser" image which you may order. This image will be retouched and placed in an “Teaser” album in your online portfolio. Teaser images are provided to demonstrate the outcome of images selected for purchase. You will need to trust our talent and vision to produce the same outcome on images selected for purchase. Other than the teaser pictures, retouching will only be applied to images purchased. Basic retouching is included in the cost of products.
Images in your online portfolio are for selection purposes only! Any reproduction or screen grab downloads are a direct violation of Sugar & Spice Photography’s policy and a violation of artist copyright and client contract! In other words, it is stealing, is illegal (and not very nice)! All violations will be prosecuted to the full extent of the law.
In layman's terms: you may not copy images from your viewing gallery. You may not scan prints and post the copies online. If you want digital images to post online, you must purchase them. We police all online usage of our work and will prosecute all violations of policy. YOU MAY NOT COPY, SCREEN-GRAB, DOWNLOAD, REDISTRIBUTE, TRANSMIT, PUBLISH, STORE, REPRODUCE, ALTER, PRINT, SCAN, POST OR OTHERWISE USE THE PHOTOGRAPHS IN ANY WAY, AT ANY TIME OR ON ANY WEBSITE OR PHOTO SHARING SITE WITHOUT WRITTEN PERMISSION BY SUGAR & SPICE PHOTOGRAPHY, LLC.
Product Order Terms
Most sessions do not include products (unless indicated in the description).
Should order need to be replaced due to damage in shipping or due to an error made by Sugar & Spice Photography or the processing company, you will receive a replacement product at no cost to you. We reserve the right to refuse additional services to anyone.
We accept replacement orders within 14 calendar days after delivery of the product. Products must be in "new, unaltered and unused condition". Definition of new, unaltered and unused condition is:
-without showing signs of use or damage in any way
-within 14 calendar days of the delivery date (after 14 days, no returns are allowed)
Replacement orders are contingent upon inspection of the product(s) once we receive it.
Again, you MUST contact us within 14 days if you intend to return ANY item back to us. Items returned to us AFTER 14 days and WITHOUT contacting us will NOT be eligible for replacement.
1. Contact us HERE for a replacement code.
2. Return the original order in "new, unaltered and unused condition" WITHIN 14 DAYS.
3. Please include clear notes, (post-it notes inside the book or other product noting the change(s) that need to be made) or any other notations necessary, with the original order.
4. Include the original sales receipt along with the replacement code.
The Photographer will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
IMAGES/DATA SUPPLIED IN ELECTRONIC FORMAT
The Photographer acknowledges that in the performance of the photographic services, she may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to make best efforts to keep this information confidential except as required by law.
Prices & Terms
a. All prices shown within the Photographer's price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
For shoots, you will be charged the posted pricing at the time of booking. For product, you will be charged the posted pricing at the time we receive your order and payment in full.
In the event that a Sugar and Spice Photography, LLC product is mistakenly listed at an incorrect price, or if a price is listed incorrectly on an order, Sugar and Spice Photography, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sugar and Spice Photography, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sugar and Spice Photography, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
The Client shall be responsible for the behavior of Client during portraiture session. The Photographer reserves the right to terminate the portraiture session without notice if she deems the Client's behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to retain the full session fee. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment.
Clients are responsible for their conduct at all times. Any breakage or damage to equipment or studio contents are the sole financial responsibility of Clients. Clients agree to hold Sugar & Spice Photography and its agents harmless for any injuries or damages sustained preceding, during, and immediately following a session. In the event the Client’s behavior becomes abusive to us, Client will be asked to leave, session canceled and all payments forfeited to Sugar & Spice Photography.
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Sugar & Spice Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Sugar & Spice Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Sugar & Spice Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
Assumption of Risks
This use of Sugar & Spice Photography’s property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Sugar & Spice Photography. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless
Client also agrees to INDEMNIFY AND HOLD Sugar & Spice Photography, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result of my involvement in a portrait session with Sugar & Spice Photography, and to reimburse them for any such expenses incurred. You agree to indemnify, defend, and hold harmless Sugar and Spice Photography, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding
Client agrees that they have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Sugar & Spice Photography. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
By booking a session or purchasing products with Sugar & Spice Photography, you are agreeing to these terms and conditions, and you represent that you are of legal age in the state in which this limited consent and release form is executed. You agree that you have read it completely and understand it, and that you are bound, as is anyone who succeeds to your responsibilities and rights, as your heirs or assigns.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sugar and Spice Photography, LLC. The collective work includes works that are licensed to Sugar and Spice Photography, LLC. Copyright 2012, Sugar and Spice Photography, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sugar and Spice Photography, LLC or purchasing Sugar and Spice Photography, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sugar and Spice Photography, LLC or to purchase Sugar and Spice Photography, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sugar and Spice Photography, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Sugar and Spice Photography, LLC used in the site are trademarks or registered trademarks of Sugar and Spice Photography, LLC
Sugar and Spice Photography, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sugar and Spice Photography, LLC.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sugar and Spice Photography, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Sugar and Spice Photography, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sugar and Spice Photography, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sugar and Spice Photography, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sugar and Spice Photography, LLC in its sole discretion.
In an attempt to provide increased value to our visitors, Sugar and Spice Photography, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Sugar and Spice Photography, LLC, Sugar and Spice Photography, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sugar and Spice Photography, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sugar and Spice Photography, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).