Contract Version 17.0
Updated July 7, 2018
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 Your Images:
- OBP will either include or send you a permission letter in .pdf format, to print that will grant you permission to make personal prints of all of your images with some minor restrictions. OBP is granting you a “Home Rights Use” license for your images and means that you can make prints of the digital files from your OBP 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 for clarification.
- OBP will willingly call, email or fax your print lab and acknowledge printing permission for under the given “Home Rights Use” licensing license. 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 unless the images have gone to print, in which case, OBP can only prevent any further occasions of your images being published in the public domain. Any and all requests are subject to any time delays that can be associated with any internet connection.
- OBP will provided a printable file with your edited images. This file can be taken to your printer or lab for any non commercial printing purposes. If you have any problems, please contact OBP.
- OBP asks 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…
- In all cases, please make a backup copy of your digital images. Having more that one back up copy is always recommended. Additional copies of your digital images can be ordered. Please contact OBP for details. Separate shipping charges apply when shipping to multiple addresses. Price of any digital media 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 your digital images is ultimately the responsibility of you, the contractual client. If for some reason you need a copy of your images, please feel free to contact OBP to see if we can retrieve your images off of our archived hard drives. There is no guarantee that OBP will be able to produce your images after 6 months.
- In the case that OBP is able to recover your images from our archives, there will be a nominal administrative fee charged for the recovery and distribution of your image. Because there are many distribution methods available such as DVD, digital download etc. you will need to contact OBP for the current fee depending on your desired delivery method. All fees, Please contact OBP for the current fee for your desired delivery method. Postal shipping fees may be included.
- OBP always works with the weather, when there are issues and will re-schedule whenever possible. OBP always maintains extreme flexibility with all reschedules. Once you have been rescheduled. OBP can not guarantee to re-re-schedule at another time but will do everything possible to reschedule your session if possible. In all cases, you must contact OBP and OBP, we will re-schedule your session to the next available session.
- Please note that the possibility of rescheduling is not guaranteed. In all cases, rescheduling is based on OBP’s availability.
- Mornings are generally reserved for rescheduling when the evening session are fully booked. The start time for a morning session is for 15-30 minutes after sunrise. This timing is based on natural lighting and is nonnegotiable. 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 after 45 minuted from the official sunrise time on the day of your reschedule.
- 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.
- 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 but is always addressed in the fairest way possible, depending on the situation.
- Please note that the retainer that OBP charges are retaining a specific time slot. If you miss your scheduled appointment, OBP reserves the right to retain the retainer feee and may not reschedule your session. This is because of the assumption that another booking would be able to reschedule or accept a non-expiring raincheck.
- 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 substances including dangerous, unusual or abnormal mental condition and acts that present a disruptive, rude, belligerent, harassing, offensive manor or any other acts, in any way that makes your OBP photographer feel uncomfortable, fearful for their safety or well being. This includes both physical or mental discomfort of any OBP staff. In any of these cases, the OBP employee will notify the paying client of the situation and will offer to discuss a reasonable plan for resolution if the OBP staff feels that a resolution is possible. This option is not guaranteed and will depend on the particular situation. In all cases where an OBP’s photographer feels uncomfortable or in danger, either mental or physically in any way, OBP reserves the right to abandon any and all services. All decisions will be based by the actual OBP photographer without the owner of OBP’s approval. Upon execution of this clause, the full retainer payment shall be forfeited to OBP.
Special Needs Individuals:
- Any concerns that include a portrait member with special needs will always 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 one of OBP’s favorite locations for your session. In all cases, the location for the session must be chosen before OBP staff/representatives arrive. OBP does not guarantee to search for a location on the day of your session. It is the responsibility of the paying client, and not OBP, to review the session location before the scheduled time. Please understand that towns such as Duck and Southern Shores do not have many public beach access, so if your location is not viable, you will be required to choose another location north or south of this location that has public beach access. Additionally, some other factors that affect the location are flooding, high tides, dune size, sand fences and environmental 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 4 to 6 weeks to complete you edits but can take up to 12 weeks or even longer to receive your edited images, photo albums, prints or digital images. This timing all depends on the time of the year. OBP does not guarantee a delivery date but will make every effort to edit your images as soon as possible.
- Feel free to contact OBP for a progress report after 6 to 8 weeks by using our contact form at: https://outerbanksfamilyportraits.com/
Viewing Your Images on The Online Viewing Site:
- In some instances, 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 viewing site. Your disk and or prints will be shipped shortly after that unless you have chosen the digital download option in lieu of the DVD. In the case of a digital download request, you will be able to immediately download your images via a download link, once the editing is complete.
- Feel free to email us a list of all of your parties’ email address’. We will then be able to send an email out to everyone when the photos are available online.
- Online viewing is available for 90 days from the time of posting. Additional time may be purchased. Please contact OBP 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 will not be 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 usually an extremely low percentage of your images, resulting in approximately 5 percent or less of your images. Exceptions may apply.
Shipping of your Disks or emailing Your Digital Download Link:
- OBP will notify you once your images are completed edited and are ready to view and or be shipped. Please do not Contact OBP before 6 weeks, as we shoot so many sessions each year that this slows down the whole process.
- All print orders will be sent to one and only one address unless another situation has been agreed on. If you need to have the prints and or disks shipped to more than one address, additional shipping and handling charges as well as additional lab fees may apply.
Official Outer Banks Production’s Weather Policy For Any OBP’s Portrait Sessions:
- 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 on Hatteras Island. 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 these prints if this forth option is executed.
Official Outer Banks Productions Refund Policy For Any OBP’s Portrait Sessions:
- If you need to cancel you reservation for any reason, the retainer is either applied to a gift certificate or any of our other services. OBP can issue a non expiring rain check or the retainer is forfeited. Additionally, with any cancellations, the final balance will not be due. There are no refunds for the retainer for any reason. OBP reserves the right to add additional options at any time.
Contract Version 17.0
Updated July 7, 2018
Please print this contract for your records!