Please read these terms before reserving a date. By submitting a booking request, affirmatively checking the agreement box, and paying the required retainer, the Client agrees to this Photography Agreement.
1Parties and Scope
This Photography Agreement ("Agreement") is between Margo Ustymenko Photography ("Photographer") and the person making the booking ("Client"). It applies to portrait, family, children, maternity, newborn, milestone, cake-smash, event, celebration, wedding and elopement photography services unless a written booking confirmation states otherwise.
The booking confirmation, invoice, selected session description, agreed date/time, location, price, deliverables and any written add-ons are incorporated into this Agreement. If a booking confirmation conflicts with a general term in this Agreement, the more specific written booking term controls for that booking.
2Booking, Retainer and Payment
A booking is not reserved until Photographer confirms the booking and receives the required retainer. Unless stated otherwise in the booking confirmation, the retainer is 50% of the session fee, is applied toward the total price, and compensates Photographer for reserving the date and turning away other work.
The remaining balance is due before photography begins on the scheduled date unless the booking confirmation states another deadline. Photographer may decline to begin or continue services until amounts then due are paid.
Any taxes, travel charges, venue fees, permits, parking charges, admission fees or other agreed expenses are additional unless expressly included in the booking price.
3Rescheduling, Cancellation and No-shows
Client may request one reschedule without an additional rescheduling fee if the request is made at least 72 hours before the scheduled start time. The new date must be selected from Photographer's available dates and ordinarily occur within 90 days of the original date.
For cancellations, no-shows, or rescheduling requests made less than 72 hours before the session, the retainer is retained to the fullest extent permitted by law. Any additional amounts paid for services not performed will be handled as stated in the booking confirmation and applicable law.
A Client who is more than 20 minutes late without contacting Photographer may be treated as a cancellation. If Photographer is still able to proceed, the session will normally end at the originally scheduled time.
4Weather, Safety and Force Majeure
Soft rain, wind, cloud cover and ordinary seasonal conditions may be workable. Photographer may postpone or stop an outdoor session when conditions create a material safety risk or make professional photography impracticable, including severe storms, lightning, dangerous heat, flooding or government safety advisories.
Neither party is responsible for delay or nonperformance caused by events beyond reasonable control, including serious illness or injury, natural disaster, venue closure, government restriction, widespread utility or transportation failure, or other force-majeure event. The parties will first attempt to reschedule. If Photographer cannot reasonably perform or offer a workable replacement date, amounts paid for services not performed will be refunded, and that refund will be the Client's primary remedy to the extent permitted by law.
5Outdoor Locations, Venues and Client Safety
Outdoor sessions may involve insects, pollen, uneven ground, weather changes and other ordinary outdoor conditions. Client is responsible for selecting appropriate clothing and footwear, supervising children, and communicating known accessibility or safety needs.
Client is responsible for obtaining any permissions, permits, admission rights or venue approvals required for a location selected by Client, unless Photographer expressly agrees in writing to obtain them. Photographer must follow venue and property rules and may modify or stop photography if continued work would be unsafe or unlawful.
6Children and Supervision
A parent, legal guardian or responsible adult must supervise minors throughout the session. Photographer will use reasonable care and patience but cannot guarantee a particular mood, attention span, pose, expression or level of cooperation.
A tired, shy, upset or unwilling child does not by itself entitle Client to a refund, reshoot or partial credit. Photographer may pause or end a session if continuing would be unsafe or inappropriate.
7Creative Style, Shot Expectations and Client Cooperation
By booking, Client confirms that Client has reviewed Photographer's portfolio and is hiring Photographer for Photographer's current artistic style. Photographer retains creative discretion over posing, framing, lens choice, lighting, composition, image selection, color treatment and retouching.
Photographer does not guarantee any specific pose, expression, background, frame, image count beyond a stated minimum, or recreation of another photographer's work. Client should communicate must-have groupings or important people before or at the beginning of the session. Photographer is not responsible for images missed because of lateness, non-cooperation, schedule changes, venue restrictions or circumstances outside Photographer's reasonable control.
8Editing, Delivery and Archive
Photographer selects the images to be delivered. Unedited, rejected or duplicate images and RAW files are not delivered unless separately agreed in writing.
Portrait galleries are normally delivered within approximately two weeks and wedding galleries within approximately eight weeks, unless the booking confirmation states another timeline. Delivery dates are estimates and may reasonably change because of workload, illness, technical recovery or other circumstances.
Client receives delivered images through a private online gallery or other agreed method. Client is responsible for downloading and backing up delivered files. Unless Photographer states a longer period in writing, Photographer is not required to maintain galleries or archived files more than 90 days after final delivery.
9Image Integrity and Client Edits
Client may crop delivered images for ordinary personal platform formatting, but should not apply filters, heavy re-editing, AI retouching or other alterations that materially misrepresent Photographer's work when publicly crediting or presenting the images as Photographer's work.
Requests for additional retouching, object removal, body modification or other edits outside Photographer's standard workflow may be declined or quoted separately.
10Copyright and Personal-use License
Copyright in the photographs remains with Photographer unless a separate written copyright assignment is signed. After full payment, Client receives a non-exclusive, perpetual personal-use license to download, display, share and print the delivered images for personal, non-commercial purposes.
Commercial use, resale, licensing to third parties, use in paid advertising, publication for a business, or other commercial exploitation requires Photographer's prior written permission.
11Portfolio, Social Media and Marketing Permission
Photographer will not rely on this Agreement alone as automatic permission to use identifiable Client images for portfolio, website, social media, printed promotion, exhibitions or paid advertising when the booking flow provides a separate privacy/marketing choice.
If Client affirmatively authorizes portfolio/marketing use in the booking form or in writing, Photographer may use selected delivered images for those stated promotional purposes. Client may withdraw future promotional permission in writing; withdrawal applies prospectively and may not require Photographer to recall material already printed, distributed or lawfully published.
For images prominently featuring a minor, the person granting promotional permission represents that the person is the minor's parent/legal guardian or otherwise has authority to grant the permission.
12Client Privacy
Photographer will handle personal information collected through the website, booking process, Meta/Instagram lead ads, direct messages, email, text and payment workflow in accordance with the Privacy Policy posted at ustymenko.com/privacy-policy, as updated from time to time.
13Conduct and Right to Decline or End Services
Communication and conduct must remain safe and respectful. Photographer may decline, pause or end services if Photographer reasonably believes a request or environment is unsafe, unlawful, abusive, discriminatory, harassing, sexually inappropriate, or materially different from what was agreed.
If Photographer ends services because of Client misconduct or a material Client breach, Photographer may retain amounts reasonably earned or committed, subject to applicable law. If Photographer declines work for Photographer's own convenience before services are performed, amounts paid for unperformed services will be returned.
14Equipment Failure, Data Loss and Limitation of Liability
Photographer uses reasonable professional care but cannot guarantee that equipment, storage media, software or third-party services will never fail. If a material portion of the photographs is lost, corrupted or unusable despite reasonable care, Photographer will, when reasonably possible, offer a reshoot or refund an appropriate amount for the affected services.
To the fullest extent permitted by law, Photographer's total monetary liability arising from a booking will not exceed the amount actually paid to Photographer for that booking. This limitation does not apply where applicable law prohibits limitation of liability.
15Weddings and Events — Additional Terms
Wedding and event coverage begins and ends at the agreed times. Additional coverage is subject to Photographer's availability and the rate stated in the booking confirmation or otherwise agreed in writing.
Client is responsible for providing an accurate timeline and for designating a person who can identify key family members and participants when needed. Photographer is not responsible for moments missed because of schedule changes, venue restrictions, guest interference, absent participants, officiant restrictions or events occurring simultaneously in different locations.
For extended wedding or event coverage, reasonable meal and rest breaks must be provided. Travel outside the Charlotte area may require an agreed travel fee, lodging or other expenses.
16Disputes, Mediation and North Carolina Law
The parties will first attempt in good faith to resolve any dispute directly. Before filing a civil action other than a small-claims matter or an action seeking urgent injunctive relief, the parties agree to attempt non-binding mediation in Mecklenburg County, North Carolina, with a mutually agreed mediator. Unless otherwise agreed, the parties will share the mediator's fee equally.
This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Subject to any applicable small-claims or mandatory venue rules, the parties consent to courts located in Mecklenburg County, North Carolina.
17Electronic Acceptance and Records
Client agrees that this Agreement may be accepted electronically. The booking checkbox must not be pre-checked. Client's affirmative checkbox selection, booking submission, and/or electronic payment may be used as evidence of acceptance.
Photographer may retain an electronic record of the booking, the version of this Agreement presented to Client, acceptance timestamp, booking details, communications, invoice and payment records. A copy of the applicable Agreement should remain accessible to Client through a permanent website URL or be provided with the booking confirmation.
18Entire Agreement; Changes; Severability; No Waiver
This Agreement together with the booking confirmation and any written addenda is the entire agreement concerning the booked services and supersedes prior discussions on the same subject.
A material change to the booked services or this Agreement must be confirmed in writing, including by email or other retrievable electronic message. If any provision is held unenforceable, the remaining provisions remain effective to the fullest extent permitted by law. A party's failure to enforce a provision once does not waive the right to enforce it later.
19Contact and Acceptance
Questions about this Agreement may be sent to margo.ustymenko@gmail.com.
By affirmatively checking the agreement box and submitting the booking request, Client confirms that Client has had an opportunity to read this Agreement and agrees to be bound by it.
**I'VE READ AND I AGREE**
By affirmatively checking the agreement box and submitting the booking request, Client confirms that Client has had an opportunity to read this Agreement and agrees to be bound by it. The booking checkbox is never pre-checked.