Contract Version 16.0
Updated September 15, 2015
Please print this contract for your records!
Outer Banks Productions:
“OBP” is used in this contract to represent Outer Banks Productions.
Printing and Use of the Family Portrait Images From Your Session:
- OBP will send you a permission letter in .pdf format to print along with your initial booking email so please print this letter and keep it in a safe place with your image disks, once they arrive. You will be granted permission to make personal prints of all of your images, for life, with some restrictions to be explained in this paragraph. OBP is granting you a “Home Rights Use” license for your images. In the simplest terms, this means you can make prints of the digital files from your photo session for personal use, as you wish. This license is additionally granted to any persons photographed by OBP, the day of your session. These participants can also do anything with the images, except sell them or use them for financial gain. Any other use of these aforementioned images, without expressed written consent of OBP is prohibited. If you have any questions, please contact OBP.
- OBP will be glad to call, email or fax your lab to grant printing permission for printing based on the granted “Home Rights Use” licensing. It is expected that every lab will ask for a printing permission letter including retail outlets and photographic processing centers such as Walmart, Walgreens and RightAid.
Use of Images by All Parties Photographed:
- All digital photographic images are the copyrighted property of Outer Banks Productions. OBP reserves the right to use any and all digital photographic images for any legitimate marketing purpose. If you have a specific request for removal of any image from the public domain, please contact OBP immediately and OBP will honor your request. Any requests are subject to a time delay governed by your ability to contact OBP, our availability to be reached and a viable internet connection and fully functioning website dashboards.
- OBP has provided a printable file in your original booking email. This file can be taken to your printer or lab for printing purposes. If you have any problems, please contact OBP.
- We ask that if you are posting images on websites that you give credit to OuterBanksProductions.com or OuterBanksFamilyPortraits.com. You may make prints, albums, gifts, etc… Please make a backup copy of your disk. Additional disks can be ordered for an additional cost per disk. Separate shipping charges apply when shipping to multiple addresses. Price of the disk(s) are subject to change and additional shipping charges may apply.
OBP’s Archives of Your Images:
- OBP does not guarantee to archive your images longer than 6 months. Archiving of images is the responsibility of the contractual client. OBP has maintained every image from 2005 but is not responsible if our archives are deleted or are unavailable. If you loose your images at any time, please feel free to contact OBP, but there are no guarantees the images will be available.
- We work with the weather when there are issues and will re-schedule whenever possible. We are extremely flexible. Once you have been rescheduled, we can not guarantee to re-re-schedule at another time. In all cases, contact must be made to Outer Banks Productions and if so we will re-schedule if possible.
- The possibility of rescheduling is not guaranteed. All rescheduling is based on availability.
- Mornings are generally reserved for rescheduling when the evening sessions are fully booked. The start time is for 15-30 minutes after sunrise. This timing is based simply on an act of nature and lighting. Later morning sessions may be scheduled on very cloudy days, but is not guaranteed and is scheduled on a case per case basis. Groups larger than 10 people may have trouble competing a full morning session because of the sun’s brightness.
- Rescheduling may also be accomplished at off morning or afternoon times by shooting your session under one of the Outer Banks piers if the tide is right. Please contact OBP for details as this can be very intricate.
- There is a $99.00 rescheduling fee for any rescheduling that is not due to weather or the fault of OBP. Waving this fee is at the discretion of OBP.
- The retainer we charge is retaining a specific time slot. If you miss your scheduled appointment, OBP reserves the right to keep the retainer and not reschedule.
- OBP reserves the right to cancel any photography session at any time if anyone is either under the influence of legal or illegal drugs, alcohol or any other mind altering substance or experiencing a dangerous, unusual or abnormal mental condition and acts in a deliberately disruptive, rude, belligerent, harassing, offensive manor or acts in any way that makes your OBP photographer feel uncomfortable, or fearful for their safety or well being both physical or mental. In any of these cases, the OBP employee will notify the paying client of the situation and will offer to discuss a plan for resolution, if the OBP employee feels this is possible in this particular case. This option is not guaranteed depending on the situation. In any situation where OBP’s photographer feels uncomfortable or in danger either mental or physically in any way, OBP reserves the right to resolve all issues of this contract, of a non completed or unexceptionable photo session, due the the aforementioned reasons with the paying client via any communication method at a later date from the scheduled session. All decisions based on this contract clause are authorized to be made by the actual OBP photographer without the owner of OBP’s approval. Upon execution of this clause, the full retainer payment is forfeited to OBP. (FYI: As of June 5, 2015 this clause has never been executed but has been considered several times.)
Special Needs Individuals:
- Any concerns due to a portrait member with special needs will be willingly discussed.
Location of Your Session:
- The location of your photo session is most often at your beach house. If you are not oceanfront, the location of the session will often be the closest public beach access. Please feel free to contact OBP for a recommended public beach access or favorite locations for your session. In all cases, the location for the session must be chosen before OBP staff/representatives arrive. OBP does not agree to search for a session location the day of the shoot. It is the responsibility of the paying client, and not OBP, to review the session location before the scheduled time. Please understand towns such as Duck and Southern Shores do not have public beach access, so if your location is not viable, you will be required to choose another location north or south of this location which has public access. Additionally, some other factors that affect the location are flooding, high tide, dune size, sand fences and beach closings. Please follow this link for list of current beach closings: www.nps.gov/caha/planyourvisit/googleearthmap.htm. (Link subject to change) Please contact OBP for any questions dealing with your location no less than 24 hours before the scheduled time.
Time to Edit Your Images:
- On average it takes up to 6 weeks but can take up to 12 weeks or even longer to receive your edited images, photo albums, prints or image on DVD’s depending on the time of the year. We do not guarantee a delivery date.
- We do guarantee to edit your images as soon as possible!
- Please refrain from calling before 12 weeks.
- Checking the “Client update page” link we provide in the original booking email is the best way to track the completion of your images. If you must contact us, please choose to use our contact form to save time. We will notify you if your images will take longer than 12 weeks.
Viewing Your Images on the Proofing Site and Disks:
- A sneak peak of your images may be provided on social media but is not guaranteed. In our busy season, this is not generally possible. If so, OBP will email you a hyperlink immediately.
- OBP may include smaller resolution images with the OBP watermark for you to post on social media, but is not guaranteed.
- Your first viewing of all of your images will be by way of a link to our current proofing site. The disk and or prints will be shipped shortly after that.
- Feel free to email us a list of everyone’s email address. We will be able to send an email out to everyone when the photos are available for online proofing.
- Online proofing is available for 90 days from the time of posting. Additional time may be purchased. Please call for current rates, as they change often.
- OBP will correct (white balance and exposure) all of the images that you receive on the disk. We will exclude duplicates, blurry images or unpleasing images (over exposed, underexposed, other). This does not include altering the photo’s content. Example: Fixing hair or scar removal. Content altering also known as “Photoshop work“ is billed at our current content altering rate and is performed through a third party. We do not own Photoshop. Price change regularly.
Black and White and Sepia Tone Images:
- Any images that have been converted to black and white or sepia tone are not able to be converted to color. These images expose best for black and white and have been converted to black and white or sepia tone to avoid being deleted. This is an extremely low percentage of images resulting in approximately 5 percent of your images. Exceptions may apply.
Shipping of your Disks:
- OBP will notify you the day of shipping your final images. Please do not call before 6 weeks as we shoot so many sessions each year that this slows down the whole process. In all cases, checking on your images is most efficient via our “Client Update Page” linked in your confirmation email. You may want to bookmark this page and note the password.
- All print orders will be sent to one address. If you need to have the prints and or disks shipped to more than one address, higher image costs, extra shipping and handling charges as well as additional lab fees will apply.
Official Outer Banks Production’s Weather Policy For Family Portraits:
- OBP will do everything to complete your shoot at the location of your choice. If the weather does not cooperate, the following choices are available. First we will attempt to change your time or location, which works on many occasions, especially with rain. Second we will reschedule either in the afternoon or morning if possible. This is based on availability. Third we will offer you the choice to complete the shoot inside at your location. This option may not be available if there is flooding on the roads to your location, which does happen at times, mostly in KDH, Duck and heading south to Waves & Rodanthe. The forth option is a price protected, non-expiring rain check. Anyone that receives a price protected non-expiring rain check will also receive 2 – 8×10 and 25 – 4×6 prints for free. It is your responsibility to ask for the prints if issued a rain check.
Official Outer Banks Productions Refund Policy For Family Portraits:
- If you need to cancel, the retainer is either applied to a gift certificate or any of our other services. We can issue a non expiring rain check or the retainer is forfeited. Additionally, with any cancellations, the final balance is not due. There are no refunds for the retainer. OBP reserves the right to add additional options at any time.
Contract Version 16.0
Updated September 15, 2015
Please print this contract for your records!