1. General Agreement These Terms and Conditions govern the photography services provided by Barberries Photography ("Photographer") to the client ("Client"). By remitting the session fee and booking a session at our studio (located at 2315 Welch St., Houston, TX 77019) or an agreed-upon outdoor location, the Client agrees to all terms outlined below.

2. Booking, Session Fees, and Payments

  • Session Fee: A non-refundable session fee (e.g., $100) is required to secure the Client's date and time on the studio calendar. This fee covers the Photographer’s time, creative talent, and set design. It does not include digital files or physical products unless explicitly stated in the booking agreement.

  • Digital Packages & Upgrades: Digital image packages and additional products are purchased separately.

  • Payment Terms: All remaining balances for packages or print products must be paid in full prior to the delivery of the final digital gallery or physical items.

3. Cancellations and Rescheduling

  • Rescheduling by Client: If the Client needs to reschedule, they must provide at least 48 hours' notice. The session fee may be transferred to a new date within 90 days of the original booking, subject to the Photographer’s availability.

  • Cancellations: If the Client cancels the session outright or fails to show up, the session fee is forfeited as liquidated damages.

  • Mini-Sessions: Due to the time-sensitive and tightly scheduled nature of holiday and themed mini-sessions, rescheduling is generally not permitted, and late arrivals will result in a shortened session time.

4. Image Delivery and Archiving

  • Proofing Gallery: Unedited proof images will be delivered via a Pixieset online gallery for the Client to select their favorites. Unedited raw files are never provided to the Client.

  • Final Delivery: Final, fully retouched digital images will be delivered via a private download link after final selections are made and any outstanding balances are paid.

  • Archiving: Barberries Photography will retain the final edited digital files for 60 days following gallery delivery. After this period, the studio is not responsible for storing or archiving the images. Clients are strongly encouraged to download and back up their files immediately.

5. Copyright and Image Usage

  • Photographer's Copyright: Barberries Photography retains the sole legal copyright to all images captured. The Photographer reserves the right to use the images for marketing, advertising, portfolio, and promotional purposes across social media, websites, and print materials, unless a private non-disclosure agreement is signed prior to the session.

  • Client Usage Rights: The Client is granted a personal use license for the purchased digital images. This allows the Client to print the images for personal use and share them on personal social media accounts. The Client may not alter, edit, apply filters to, or sell the images, nor submit them for commercial use or contests without written permission from the Photographer.

6. Studio and Location Policies

  • Punctuality: Clients must arrive on time and ready to shoot. Session times will not be extended for late arrivals.

  • Pets: Dogs and other pets are welcome to participate in sessions provided prior approval is obtained and the applicable pet fee has been paid via the provided payment link. Pets must remain leashed and under the Client's control when not actively being photographed.

  • Outdoor Locations: For sessions booked at locations such as Hermann Park or North/South Blvd, the Client is responsible for any applicable parking fees or travel-related expenses.

7. Liability and Indemnification

  • Personal Injury & Property: Barberries Photography takes the utmost care to ensure a safe environment in the studio and on location. However, the Photographer is not liable for any injuries, accidents, or illnesses that occur during the session, nor for any damage to the Client’s personal property or wardrobe.

  • Failure to Perform: In the unlikely event that the Photographer is unable to perform the services due to severe illness, emergency, or an act of God, a full refund of the session fee will be issued, and the studio will make every effort to reschedule. The Photographer’s liability is strictly limited to the return of funds paid.

8. Governing Law These terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising from this agreement shall be resolved in the applicable courts of Harris County, Texas.