Terms & Conditions

All services and licenses of Big Click Energy are subject to the following Terms and Conditions…

Definitions

The Photographer: Big Click Energy (Paulann Egelhoff)

The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

Proofs: Samples of all edited photos, to which Big Click Energy (The Photographer) holds all exclusive rights. These cannot be saved to the Client’s computer, used on social networking sites, or printed, and will contain either Big Click Energy's logo, watermark, or proof stamp. The amount of proofs provided varies from session to session.

Service Fee: Service fee varies per session and per subject/genre. Price includes all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for the shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, setting up equipment (bringing out necessary gear/props, reconfiguring lighting for the shoot, and so on). During Shoot: An average session (with a single model) can take anywhere from 30 minutes to an hour. Some shoots can take up to 2-3 hours if the look is especially stylized (i.e. cosplay and high-fashion looks, etc). “Mini” sessions take anywhere from 15-30 minutes and are subject to time constraints and event shoot scheduling. Sessions on-location include travel time if the location is further than 60 miles roundtrip from the Photographers home. Post-Production (Editing): Each photo takes an approximated 20-30 minutes in post-processing (double that or more for cosplay and highly stylized shots). This also includes time spent setting up the Client’s online gallery and personalized shop. Also included in the session fee are general expenses and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbags, props, camera, lenses, and editing equipment).

Booking, Rescheduling, Cancelling & Payment

There is a 50% Retainer Fee for events (no exceptions). It is non-refundable, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if a rescheduling request is made at least 48 hours before the session (4 weeks for weddings and other pre-planned events). After one permitted rescheduling, any further rescheduling will require an additional booking fee of $75 to hold your spot. The total balance of your selected service shall be paid in full before the session for the service to be provided. Big Click Energy LLC accepts Zelle, PayPal, Venmo, CashApp, and cash. No checks or credit cards. Cancellation fees for weddings and other large events range from $100-300. All other service cancellation fees range from $25-75 (depending upon the service and/or retainer held).

Facebook Sharing & Other Social Media

It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Big Click Energy is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Big Click Energy has uploaded to Facebook or their website, or from the low-resolution images offered for free to clients who have purchased prints. You are permitted to click the “share” button on any photos posted to Big Click Energy’s Facebook and Instagram pages. Sharing can NOT be done via screenshots of photos on Facebook, Instagram, or the Proofing gallery.

Proofs & Ordering

Your portraits will be available on Big Click Energy’s website, in a gallery to view and proof prior to downloading or ordering prints. Final edited proofs will be available 2 to 4 weeks after the date of the session. Proofs will be available for 30 days and then the gallery will expire. It is the responsibility of the Client to purchase, store, and backup photos after the 30-day period. This clause is subject to the limitations of technological failure. Computers, hard drives, and memory cards are subject to technical failure. Photographer will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

Edits

Big Click Energy reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Big Click Energy’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of acne, rashes, and accidental last-minute scratches, bumps, etc. The Client agrees and understands that Photographer may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. The Client agrees to hold Photographer harmless for any edits which may be viewed as defamatory or demeaning. Big Click Energy does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to a balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos. Once again, edits are solely made by Big Click Energy, any edits by clients or family members to digital files will void this contract and cause immediate closure of the gallery.

Copyright & Reproductions

Big Click Energy (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entries in photographic contests or art exhibitions, editorial use, website, or for display. The temporary Image Lease for personal use of images by the Client is valid for 1 year from the date of this contract. Upon expiry or need for commercial use, a new agreement can be negotiated. 

Client’s Usage

The Client is obtaining photography services for personal promotional use only, and shall not sell said images or prints. If Client is obtaining a print for editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such an event, the Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business. The Client is never permitted to edit or alter any photo that is copyright of Big Click Energy.

Inherent Qualities

The Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Big Click Energy (Photographer) suggests printing from professional printing labs such as Mpix or Bay Photo in order to receive the highest quality prints.

Failure to Perform

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

Safety

Big Click Energy reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Big Click Energy experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.

Severability

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

Indemnification (1)

The Client understands and agrees that Photographer may have cords, light stands, and other gear at the location. The Client will hold Photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. The Client further agrees to hold Photographer harmless for any personal injury which may occur as the Client poses or works with Photographer. 

Indemnification (2)

The Client agrees and understands that the quality of a photograph is entirely subjective. Photographer will strive to present photos in a professional manner but is not required to cater to the specific aesthetic preferences of the Client. 

Model Release

In exchange for valid consideration, the Client grants permission to Big Click Energy and its assigns, licensees, and sub-licensees, permission to use the Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Photographer may use the Client’s likeness and image on Photographer’s website or other advertising. The Photographer may not sell photos containing the Client’s likeness to third parties without additional approval from the Client.

Miscellaneous

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Arizona.

Legal Statement 

By booking a session, You are agreeing that you have reviewed our galleries and are familiar with our style of photography. You are stating that you understand and agree to respect and follow all of the contract terms, conditions, and policies. This contract shall be governed by the laws of the county of Maricopa in the state of Arizona and any applicable Federal laws.