🚨Attention🚨Â
Please read the all Terms and Conditions before proceeding to the booking link. By clicking the "Schedule Appointment" button below and paying your deposit, you agree and accept the terms and conditions of booking with Devision Photos.
Terms & Conditions
"The Client(s) and the Photographer(s)/Videographer(s) (Devision Photos) agree that the Photographer(s)/Videographer(s) will provide photography and/or videography services as outlined in the booking description. This is a legally binding contract. This contract represents the entire understanding of the requirements, schedule, and payment terms for the photography service. If there are any disputes or actions resulting in legal proceedings related to this contract, such actions shall take place in and be subject to the laws of Georgia. The Client(s) accept sole financial responsibility for any legal fees or related costs incurred by the Photographer(s)/Videographer(s) in enforcing the terms of this photography contract. Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract.
Payment
The Client(s) agrees to receive the photographic services in the booking options by scheduling their appointment and paying the booking deposit fee (50% of the total balance) listed in the booking description. The Client(s) acknowledges that no reservation can be made prior to subsequent payment of the booking deposit. The booking deposit is due at the time of inquiry. The remaining balance for the listed photography services is due in full at the beginning of the photo session. No photo service will be engaged or commenced until the remaining balance is paid in full. The Client(s) agree to these terms. In the event that payment is not made in full by this deadline, without proper written explanation via email and proof of financial hardship; the Photographer(s)/Videographer(s) reserves the right to retain the initial deposit, add a late fee, and will no longer be held liable for providing the photos or any services to the Client(s) until the ledger is paid in full.
Cancellation & Rescheduling
The Client(s) may cancel their booking up to 2 days prior to the session date by providing written notice via email. In doing so, the Client(s) will forfeit their booking deposit. If the Client(s) cancels their booking after the 2-day window, they agree to pay the full amount for the services listed on the invoice. Additionally, cancellations made on the day of the session will incur a $50 fee. The Client(s) may reschedule their booking no later than 2 days prior to the session date by providing written notice via email, with the written approval of the Photographer(s)/Videographer(s). If rescheduling is requested after the 2-day window, the Client(s) will forfeit their booking deposit, and a new deposit will be required for rescheduled services. Rescheduling dates should be no more than a month away from the original session date. If the Photographer(s)/Videographer(s) cannot accommodate the rescheduled date, the Client(s) will not be responsible for the remaining balance, but the booking deposit will be forfeited.
Late Arrivals Policy
The Client(s) agrees to arrive on time for the scheduled session. If the Client(s)is late:
The session time will not be extended, and the session will end at the originally scheduled time.
Time lost due to a late arrival will not be made up, and no refunds or credits will be given for missed time.
If the Client(s)is more than 15 minutes late, the Photographer(s)/Videographer(s) reserves the right to reschedule the session. If the session is rescheduled due to a late arrival:
• A rescheduling fee of $50 will be charged to secure a new date.
The rescheduled session must be booked within 30 days of the original date, subject to availability.
If the Client(s)contacts the Photographer(s)/Videographer(s) on the day of the session to reschedule for any reason, the same $50 rescheduling fee will apply. This policy is in place to protect the photographer's time and to minimize disruptions to the workflow and other scheduled appointments.
The session time will not be extended, and the session will end at the originally scheduled time.
Time lost due to a late arrival will not be made up, and no refunds or credits will be given for missed time.
If the Client(s)is more than 15 minutes late, the Photographer(s)/Videographer(s) reserves the right to reschedule the session. If the session is rescheduled due to a late arrival:
• A rescheduling fee of $50 will be charged to secure a new date.
The rescheduled session must be booked within 30 days of the original date, subject to availability.
If the Client(s)contacts the Photographer(s)/Videographer(s) on the day of the session to reschedule for any reason, the same $50 rescheduling fee will apply. This policy is in place to protect the photographer's time and to minimize disruptions to the workflow and other scheduled appointments.
Overtime Charges
If the session exceeds the agreed-upon time, overtime will be charged at the hourly rate given at the time of the request per hour. Before extending the session, the Photographer(s)/Videographer(s) will seek the Client's approval. Payment for overtime is due at the end of the session, and no images or footage will be delivered until the balance is paid in full. If delays caused by the Client(s)or their guests result in the session running late, overtime charges will still apply if additional time is needed. Pre-booked additional hours are available at a discounted rate if arranged at least 48 hours in advance. The Photographer(s)/Videographer(s) reserves the right to decline overtime requests based on availability.
No-Show Policy
If the Client(s)or key individuals fail to attend the scheduled session without prior notice, the Photographer(s)/Videographer(s) reserves the right to terminate the contract. No refund will be issued in the event of a no-show, and the Client(s)will forfeit any payments made, including the booking deposit. Additionally, no-show clients will be barred from booking any future services with the Photographer(s)/Videographer(s).
Client(s) Indemnification
The Client(s)agrees to indemnify and hold harmless the Photographer(s)/Videographer(s) and any associated contractors or employees from any claims, damages, liabilities, or expenses, including attorney’s fees, arising from:
• Any physical injury or property damage that occurs during the photoshoot, whether on location, in the studio, or in any other agreed-upon venue.
• Any claims related to the failure to deliver specific shots due to technical issues, missed moments, or any misunderstanding of the Client’s wishes.
• Any failure to meet expectations due to unforeseen circumstances beyond the control of Photographer(s)/Videographer(s), such as inclement weather, restricted access to agreed-upon locations, changes in schedule or venue, or any other unexpected event.
• Any physical injury or property damage that occurs during the photoshoot, whether on location, in the studio, or in any other agreed-upon venue.
• Any claims related to the failure to deliver specific shots due to technical issues, missed moments, or any misunderstanding of the Client’s wishes.
• Any failure to meet expectations due to unforeseen circumstances beyond the control of Photographer(s)/Videographer(s), such as inclement weather, restricted access to agreed-upon locations, changes in schedule or venue, or any other unexpected event.
Limitation of Liability
The Photographer(s)/Videographer(s) is not liable for any costs, damages, or claims arising from:
Adverse weather conditions or natural disasters affecting the photoshoot.
Loss of access to agreed-upon shooting locations due to unforeseen restrictions or closures.
Equipment failure or any other unforeseen technical issues. In such cases, efforts will be made to reschedule the session or provide an appropriate resolution.
In any case, the Photographer(s)/Videographer(s) liability for any claim arising out of or in connection with this agreement will not exceed the total amount paid by the Client(s)for the services provided. While every effort will be made to provide high-quality services, the Photographer(s)/Videographer(s) is not responsible for subjective Client(s)preferences regarding image quality, poses, or specific shots. The Photographer(s)/Videographer(s) will make a reasonable effort to accommodate requests but cannot guarantee all shots or particular outcomes.
Adverse weather conditions or natural disasters affecting the photoshoot.
Loss of access to agreed-upon shooting locations due to unforeseen restrictions or closures.
Equipment failure or any other unforeseen technical issues. In such cases, efforts will be made to reschedule the session or provide an appropriate resolution.
In any case, the Photographer(s)/Videographer(s) liability for any claim arising out of or in connection with this agreement will not exceed the total amount paid by the Client(s)for the services provided. While every effort will be made to provide high-quality services, the Photographer(s)/Videographer(s) is not responsible for subjective Client(s)preferences regarding image quality, poses, or specific shots. The Photographer(s)/Videographer(s) will make a reasonable effort to accommodate requests but cannot guarantee all shots or particular outcomes.
Copyright and Usage Rights
All photographs taken by the Photographer(s)/Videographer(s) remain the sole intellectual property of the Photographer(s)/Videographer(s). By entering into this agreement, the Client(s)acknowledges and agrees that:
• Copyright Ownership: The Photographer(s)/Videographer(s) retain full copyright ownership over all images captured during the session. No rights are transferred to the Client(s)except for the personal use rights outlined below.
• Personal Use License: The Client(s)is granted a personal use license for the images. This license allows the Client(s)to:
   - Display, share, and print the images for personal, non-commercial purposes.
• Commercial Use Restrictions: The Client(s)may not use the images for any commercial purpose, including but not limited to selling, licensing, or profiting from the images, without obtaining prior written permission from the Photographer(s)/Videographer(s). A separate use agreement must be signed and additional fees may apply.
• Copyright Ownership: The Photographer(s)/Videographer(s) retain full copyright ownership over all images captured during the session. No rights are transferred to the Client(s)except for the personal use rights outlined below.
• Personal Use License: The Client(s)is granted a personal use license for the images. This license allows the Client(s)to:
   - Display, share, and print the images for personal, non-commercial purposes.
• Commercial Use Restrictions: The Client(s)may not use the images for any commercial purpose, including but not limited to selling, licensing, or profiting from the images, without obtaining prior written permission from the Photographer(s)/Videographer(s). A separate use agreement must be signed and additional fees may apply.
Model Release
This contract also serves as a model release. By agreeing below, the Client(s)grants the Photographer(s)/Videographer(s) the unrestricted right to use, reproduce, edit, and publish the photographs from the session for any lawful purpose, including but not limited to:
• Advertising and Marketing: The images may be used in social media posts, websites, promotional materials, and other forms of marketing and advertising.
• Portfolio Use: The images may be included in online and print portfolios to showcase the Photographer(s)/Videographer(s)’ work.
The Client(s)further agrees to the following:
• Waiver of Inspection Rights: The Client(s)waives the right to inspect or approve any images or marketing materials created using the photographs from the session.
• No Rights to Restriction: The Client(s)waives the right to restrict the use of the images for any future use by the Photographer(s)/Videographer(s), including, but not limited to, editing or altering the images as needed for lawful purposes.
• No Rights to Intellectual Property: The Client(s)waives any rights to ownership, monetization, or reproduction of the images captured by the Photographer(s)/Videographer(s). All photographs shall remain the sole intellectual property of the Photographer(s)/Videographer(s) in accordance with applicable copyright laws.
This model release is binding upon all heirs, successors, and assigns of the Client, and applies to all images captured during any session related to this contract.
• Advertising and Marketing: The images may be used in social media posts, websites, promotional materials, and other forms of marketing and advertising.
• Portfolio Use: The images may be included in online and print portfolios to showcase the Photographer(s)/Videographer(s)’ work.
The Client(s)further agrees to the following:
• Waiver of Inspection Rights: The Client(s)waives the right to inspect or approve any images or marketing materials created using the photographs from the session.
• No Rights to Restriction: The Client(s)waives the right to restrict the use of the images for any future use by the Photographer(s)/Videographer(s), including, but not limited to, editing or altering the images as needed for lawful purposes.
• No Rights to Intellectual Property: The Client(s)waives any rights to ownership, monetization, or reproduction of the images captured by the Photographer(s)/Videographer(s). All photographs shall remain the sole intellectual property of the Photographer(s)/Videographer(s) in accordance with applicable copyright laws.
This model release is binding upon all heirs, successors, and assigns of the Client, and applies to all images captured during any session related to this contract.
Photographer(s)/Videographer(s) Responsibilities
Dévon Smith will be the sole and exclusive photographer/videographer for the listed photo session unless special accommodations are necessary. The Photographer(s)/Videographer(s) is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract. Client(s)agrees to prevent any other photographers or videographers at the session and from interfering with the Photographer(s)/Videographer(s)' performance of his duties. This includes guests and other amateur photographers or videographers. The Photographer(s)/Videographer(s) will not be held liable for compromised session or event coverage due to interference from other parties, including interfering traffic in public spaces. Likewise, the Photographer(s)/Videographer(s) is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops. The Client(s)agrees to confirm the event's date, time, and location no later than 7 days before the session date. The Photographer(s)/Videographer(s) will provide the goods and services listed in this selected package description, including session or event coverage for the described hours at the location listed. If additional coverage hours are requested on the day of the session or event, Clients agree to pay the Photographer(s)/Videographer(s) in full for those additional hours at the hourly rate given at the time of the request. The Photographer(s)/Videographer(s) agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, etc. during the session or event.
Client(s)Responsibilities
The Client(s)is responsible for ensuring the cooperation of all participants during the session and for creating an environment conducive to successful photography or videography. The Photographer(s)/Videographer(s) is not responsible for compromised coverage due to uncooperative subjects, guests, or other distractions (e.g., excessive lateness, interactions by the public, or venue/location restrictions) It is the Client’s responsibility to secure permission for the chosen location, including any required permits for photography. Additionally, the Client(s)must ensure timely arrival at the session. The Photographer(s)/Videographer(s) will not be responsible for missed shots due to the Client's tardiness or lack of preparation. For location shoots, a 15-minute grace period will be allowed. If the Client(s)arrives later than this, the Photographer(s)/Videographer(s) may choose to proceed with the remaining time or cancel the session without a refund. Delays caused by the Client(s)or others may impact the overall coverage, and overtime charges may apply if additional time is required. Additionally, the Client(s)explicitly agrees that no other individual or photographer may take photos during the session. Any photography or videography by others, especially when it compromises the Photographer(s)/Videographer(s)'s ability to perform their work, is strictly prohibited and may result in the immediate termination of the session without refund.
Venue and Permits
It is the Client(s)’s responsibility to ensure that the chosen venue is accessible and to secure any necessary permits for photography or videography. The Photographer(s)/Videographer(s) is not responsible for any issues arising from restricted access or lack of proper permissions at the location. If the session is delayed or disrupted due to venue restrictions or lack of permits, the Photographer(s)/Videographer(s) cannot be held liable for missed shots or incomplete coverage, and no refund will be owed to the Client(s).
Refund Policy Clarification
Refunds are not guaranteed and are at the sole discretion of the Photographer(s)/Videographer(s). Cancellations made within 2 days of the scheduled session will not be eligible for a refund. Deposits are non-refundable but may be transferable if the session is rescheduled in accordance with the "Cancellation & Rescheduling" policy. Any request for a refund outside of these terms will be reviewed, but the final decision rests with the Photographer(s)/Videographer(s).
Deliverables, Revisions, and Additional Edits
All RAW images are color-graded and exported as a low-res JPEG and are delivered via an online gallery within 48 to 72 hours after the session date, with some potential delays for larger projects or high customer volume. No RAW files will be delivered or are owed to The Client(s). If the RAW files are desired by The Client(s), they must request them via an email to the Photographer(s)/Videographer(s), expressing both the desire for them and the entire intended use and agree to pay whatever rate the Photographer(s)/Videographer(s) deems reasonable for the RAW files and the purpose that are to be used for. The Client(s) will have a 48-hour window to select their favorite images for retouching and confirm their finalized selection. Any additional edits beyond the number included in the package will cost $15Â per edit, and payment must be received before the Photographer(s)/Videographer(s) begins retouching the selected images. Once the selection is finalized, no images can be removed from the batch. Retouched photos will be delivered as a high-quality JPEG within 7 to 12 days from the final selection, with some potential delays for larger projects or high customer volume. The Client(s) may request one round of revisions at no additional cost if they are unhappy with the edits. However, they must clearly explain their dissatisfaction with the retouching. The Photographer(s)/Videographer(s) is not required to make revisions if the feedback is vague or unclear. Any additional rounds of revisions will cost $35 per round. For video deliverables, the first draft will be sent within 7 to 14 days after the session date, with some potential delays for larger projects or high customer volume, and includes one complimentary round of revisions. During this revision, the Client(s) must clearly communicate any changes or adjustments they wish to see in the video, such as modifications to specific clips/scenes, transitions, audio, or color grading. The Photographer(s)/Videographer(s) is not obligated to make revisions if the requests are vague or unclear, and no refund will be provided for dissatisfaction due to unarticulated preferences. Any further revisions will incur a fee of $75 per round.
Social Media License
The Photographer(s)/Videographer(s) grants the Client(s)a limited, non-commercial, personal-use license to share the final images on social media platforms. The Client(s)agrees to the following conditions:
• Credit: The Client(s)must give credit to the Photographer(s)/Videographer(s) in any social media post by tagging or mentioning the Photographer(s)/Videographer(s)’s social media handle or providing proper attribution in the caption.
• No Alterations: The Client(s)agrees not to apply any filters, crops, or other alterations to the images, including but not limited to changing colors or compositions, without the Photographer(s)/Videographer(s)'s express written permission. The Client(s)further agrees not to reproduce or modify the images or footage provided by the Photographer(s)/Videographer(s) without first obtaining a formal written release signed by the Photographer(s)/Videographer(s).
• Non-Commercial Use: The images may not be used for commercial purposes, including but not limited to advertising, promotions, or endorsements, without prior written consent from the Photographer(s)/Videographer(s).
• Re-sharing Prohibited: The Client(s)agrees not to resell or distribute the images to third parties for their own use or publication.
• Violations: Should the Photographer(s)/Videographer(s) discover any violations of this agreement, the Client(s)agrees to be held financially responsible at a rate of $500 per violation.
• Credit: The Client(s)must give credit to the Photographer(s)/Videographer(s) in any social media post by tagging or mentioning the Photographer(s)/Videographer(s)’s social media handle or providing proper attribution in the caption.
• No Alterations: The Client(s)agrees not to apply any filters, crops, or other alterations to the images, including but not limited to changing colors or compositions, without the Photographer(s)/Videographer(s)'s express written permission. The Client(s)further agrees not to reproduce or modify the images or footage provided by the Photographer(s)/Videographer(s) without first obtaining a formal written release signed by the Photographer(s)/Videographer(s).
• Non-Commercial Use: The images may not be used for commercial purposes, including but not limited to advertising, promotions, or endorsements, without prior written consent from the Photographer(s)/Videographer(s).
• Re-sharing Prohibited: The Client(s)agrees not to resell or distribute the images to third parties for their own use or publication.
• Violations: Should the Photographer(s)/Videographer(s) discover any violations of this agreement, the Client(s)agrees to be held financially responsible at a rate of $500 per violation.
Post-Delivery of FilesÂ
After the Client(s)receives the final images or footage, it is their responsibility to back up all materials, as the Photographer(s)/Videographer(s) may not archive files indefinitely. The Photographer(s)/Videographer(s) will store the files for a maximum of 30 days post-delivery. If any additional edits or requests arise after this period, the Client(s) may incur extra charges, and the Photographer(s)/Videographer(s) cannot guarantee the availability of the original files. Clients are strongly encouraged to create their own backups to ensure the preservation of their materials.
Technological Malfunctions & Backup
The Photographer(s)/Videographer(s) take all necessary precautions to ensure the safety and integrity of the images captured during the session. However, the Client(s)acknowledges and agrees to the following limitations of liability:
• Technical Failures: In the unlikely event of technical issues, such as camera malfunctions, equipment failure, or memory card corruption, the Photographer(s)/Videographer(s) will make reasonable efforts to resolve the issue. However, the Photographer(s)/Videographer(s) shall not be held liable for any missed shots, lost images, or reduced image quality resulting from such failures.
• Data Loss: While the Photographer(s)/Videographer(s) employ multiple backup systems to safeguard images, they cannot guarantee against unforeseen data loss. The Client(s)understands that, in the case of irretrievable data loss, the Photographer(s)/Videographer(s)’ liability will be limited to the amount paid by the Client(s)for the services provided. The Photographer(s)/Videographer(s) will not be responsible for any further damages or claims, including but not limited to emotional distress, lost opportunities, or any indirect, incidental, or consequential damages.
• Backup Storage Period: The Photographer(s)/Videographer(s) will store the final edited images for a period of 30 days after delivery. After this period, the Photographer(s)/Videographer(s) is not responsible for maintaining or archiving the images. Any files retrieved from the archives after the 30-day period will incur a $100 retrieval and redelivery fee. It is the Client’s responsibility to download and back up the images upon receipt.
• Technical Failures: In the unlikely event of technical issues, such as camera malfunctions, equipment failure, or memory card corruption, the Photographer(s)/Videographer(s) will make reasonable efforts to resolve the issue. However, the Photographer(s)/Videographer(s) shall not be held liable for any missed shots, lost images, or reduced image quality resulting from such failures.
• Data Loss: While the Photographer(s)/Videographer(s) employ multiple backup systems to safeguard images, they cannot guarantee against unforeseen data loss. The Client(s)understands that, in the case of irretrievable data loss, the Photographer(s)/Videographer(s)’ liability will be limited to the amount paid by the Client(s)for the services provided. The Photographer(s)/Videographer(s) will not be responsible for any further damages or claims, including but not limited to emotional distress, lost opportunities, or any indirect, incidental, or consequential damages.
• Backup Storage Period: The Photographer(s)/Videographer(s) will store the final edited images for a period of 30 days after delivery. After this period, the Photographer(s)/Videographer(s) is not responsible for maintaining or archiving the images. Any files retrieved from the archives after the 30-day period will incur a $100 retrieval and redelivery fee. It is the Client’s responsibility to download and back up the images upon receipt.
Pricing Changes
The Client(s)understands and agrees that prices for additional services or products offered by the Photographer(s)/Videographer(s) are subject to change due to fluctuating costs. The Client(s)acknowledges that any price provided at the time of inquiry may be subject to change if the Client(s)has not formally agreed to the contract and paid the required deposit. This clause serves to protect the Photographer(s)/Videographer(s) from unforeseen price increases and ensures that the Client(s)is aware of the potential for changes in pricing prior to booking.
Revisions and Contract Amendments
Requests for revisions or amendments to this contract must be made in writing and agreed upon by both parties at least 7 days prior to the scheduled session.
Contract Termination
In the event that either party needs to terminate the contract for reasons not related to cancellations or no-shows, a written notice must be provided by the terminating party as soon as possible, but no later than 5 days before the scheduled session. If the Photographer(s)/Videographer(s) terminates the contract, the Client(s) will be entitled to a full refund of any payments made, including the booking deposit, unless termination is due to breach of contract by the Client(s). If the Client(s) terminates the contract, any payments made, including the booking deposit, will be non-refundable unless otherwise agreed upon in writing. If either party breaches any material terms of the contract, the non-breaching party reserves the right to terminate the contract immediately.
Force MajeureÂ
Neither party; The Client(s) and Photographer(s)/Videographer(s), shall be liable for any failure or delay in performing its obligations under this contract if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, natural disasters, or government restrictions. In such cases, both parties will work together to reschedule the services or provide a refund minus any incurred costs and the initial deposit.