Terms & Conditions

01 Definitions

“Image(s)” means all visual representations furnished to Client by Illvsions Photography, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.

Unless otherwise specified in writing, Illvsions Photography may deliver, and Client agrees to accept, Images in an industry-standard digital format and resolution Illvsions Photography determines suitable for the subject matter and licensed uses. Client is responsible for verifying that files (including any color profile) are suitable for the intended reproduction quality and color accuracy, and for taking necessary steps for correct reproduction.

If files are not deemed suitable, Illvsions Photography’s sole obligation is to replace or repair the data. Illvsions Photography is not liable for poor reproduction quality, delays, or consequential damages.

Unless otherwise agreed in writing, Illvsions Photography has no obligation to retain or archive Images after delivery. Client is responsible for downloading all wanted Images from the delivery gallery or link within 14 days of delivery notice.

Client is responsible for having an authorized representative on set or reviewing selects remotely during the assignment when review is part of the agreed workflow. If no review is made during the assignment, Client accepts Illvsions Photography’s judgment as to the acceptability of the Images.

02 Rights & copyright

All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Illvsions Photography unless a written agreement expressly states otherwise.

Unless otherwise provided in a booking confirmation or license:

• Portrait and personal session delivers personal, non-commercial usage as described in the booking materials (typically personal sharing, print, and portfolio/social use by the subject).
• Commercial, editorial, brand, and advertising usage requires a written license. Any default grant of rights, if not otherwise stated, is limited to a term of one (1) year from the agreement date and to the media, territory, and exclusivity specified in writing.
• No Image licensed for a publication cover may be used for promotional or advertising purposes without express permission and payment of additional fees.

No rights transfer to Client until Illvsions Photography has received payment in full. Usage of any Image without prior permission will be invoiced at three times Illvsions Photography’s customary fee for such usage.

Where published credit is required, Client will provide Illvsions Photography with tearsheets or digital proof of use (PDF, URL, or equivalent) within 60 days of first print publication, or within 15 days of first electronic publication.

Digital files may contain copyright and other metadata. Removing or altering such information is prohibited and may violate the U.S. Copyright Act. Fees and expenses under an agreement are due irrespective of whether Client makes actual use of the Images.

Unless specifically licensed, no secondary reproduction (reprographic, reprint, republication, or similar) is granted beyond the one-time use described in the applicable license.

03 Deposits, delivery & copies

Deposits are non-refundable. Session date holds and cancellations/postponements are also governed by section 13 and any booking confirmation.

Client assumes insurer’s liability (a) to indemnify Illvsions Photography for loss, damage, or misuse of any Images, and (b) where physical return of media is required, to return all Images prepaid and fully insured, safe and undamaged.

Unless archiving rights are specifically granted in writing, Client agrees to remove, return, or destroy unauthorized digital copies when a license ends. Where return of media or deletion of files is required, Client will complete that within thirty (30) days after the later of (1) the final licensed use, or (2) if unused, expiration of the license.

Late return of physical media, where applicable, may incur a holding fee of five dollars and fifty cents ($5.50) per Image per day from the required return date until received by Illvsions Photography. Client is fully liable for acts of its principals, employees, agents, affiliates, successors, and assigns regarding loss, damage, delay, failure to return or delete, or misuse of Images.

04 Photo credit

Published commercial or editorial uses will include written credit to Illvsions Photography or the copyright notice specified in the license, when credit is required. If credit is required but not provided, Client agrees the invoiced fee is subject to a three-times multiple as reasonable compensation for the lost value of the credit.

05 Alterations

Client will not make or permit alterations to the Images—including additions, subtractions, adaptations, or unauthorized digital scanning—unless specifically permitted in writing, except that cropping and adjustments to contrast, brightness, and color balance consistent with reproduction needs may be made.

Any other alteration (composites, AI derivatives, heavy retouching beyond agreed delivery, or similar) requires prior written approval and remains subject to indemnification below.

06 Indemnification

Client will indemnify and defend Illvsions Photography against all claims, liability, damages, costs, and expenses, including reasonable legal fees, arising out of the creation or use of any Images or arising out of use of materials furnished by Client.

Unless delivered by Illvsions Photography, no model or property release exists, and Client is responsible for obtaining permissions those usages require. Client alone determines whether any releases delivered are suitable for Client’s purposes. Illvsions Photography’s liability for all claims shall not exceed the total amount paid under the applicable invoice or agreement.

07 Assumption of risk

Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that those materials are adequately insured against such loss, damage, or liability.

08 Transfer & assignment

Client may not assign or transfer this agreement or any rights granted under it without prior written consent. This agreement binds Client and inures to the benefit of Illvsions Photography and their respective principals, employees, agents, affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for performance of all payments and other obligations.

No amendment or waiver is binding unless in writing and signed by the parties. An invoice may reflect, and Client is bound by, oral authorizations for additional Images, fees, and expenses that could not be confirmed in writing because of time or other practical constraints.

This agreement incorporates by reference the Copyright Act of 1976, as amended, and those provisions of Article 2 of the Uniform Commercial Code that do not conflict with it. To the maximum extent permitted by law, the parties intend this agreement not be governed by UCITA of any state.

Illvsions Photography is an independent contractor, not an employee. If under any law Illvsions Photography is deemed an employee and Images are treated as works made for hire, Client hereby transfers copyright in such Images to Illvsions Photography and will execute documents reasonably requested to implement that transfer.

09 Disputes

Except as provided in section 10, any dispute regarding this agreement shall, at Illvsions Photography’s sole discretion, either:

1. be arbitrated in Atlanta, Georgia, under the rules of the American Arbitration Association and the laws of the State of Georgia; provided that the parties are not required to use AAA roster arbitrators or AAA fee schedules. Judgment on the award may be entered in any court having jurisdiction. Disputes of $5,000 or less may be submitted without arbitration to any court having jurisdiction; or
2. be adjudicated in Atlanta, Georgia under the laws of the United States and/or the State of Georgia.

In the event of a dispute, Client shall pay all court costs, Illvsions Photography’s reasonable legal fees and expenses, and legal interest on any award or judgment in favor of Illvsions Photography.

10 Federal jurisdiction

Client expressly consents to the jurisdiction of the federal courts with respect to claims by Illvsions Photography under the Copyright Act of 1976, as amended, including subsidiary and related claims.

11 Overtime

If a shoot extends beyond eight (8) consecutive hours, Illvsions Photography may charge for excess time of assistants and freelance staff at one-and-one-half (1½) times their hourly rates, unless otherwise stated in the booking confirmation.

12 Reshoots

Client will be charged 100% fee and expenses for any reshoot required by Client. For a reshoot required because of reasons outside Client’s control—including acts of God, nature, war, terrorism, civil disturbance, or the fault of a third party—Illvsions Photography will charge no additional fee, and Client will pay expenses. If contingency insurance was purchased and paid in full, Client will not be charged for expenses covered by that insurance. A list of exclusions is available on request.

13 Cancellations & postponements

Cancellations. Client is responsible for all expenses incurred up to cancellation, plus 50% of Illvsions Photography’s fee. If notice is given less than twenty-four (24) hours before the shoot date, Client will be charged 100% of the fee.

Postponements. Unless otherwise agreed in writing, Client will be charged 100% fee if postponement occurs after the photographer has departed for location, and 50% fee if postponement occurs before departure. Booking confirmations may also specify free reschedule windows (for example, until one week before the session); where those differ, the written confirmation controls.

Fees for cancellations and postponements apply irrespective of reason, including weather, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party, except as required by applicable law.