INDIVIDUAL HEADSHOT PHOTOGRAPHY TERMS & CONDITIONS

Turnaround: Images will be reviewed, and favorite images will be selected, same day on-site. Retouched images will be delivered to Client within 3 business days. Expedited delivery schedules will incur a RUSH FEE.

Post-production: Headshot images will receive a quantity culling and standard retouching, including exposure, color, saturation, contrast, sharpness, teeth whitening, minor blemishes, minor clothing lint, minor wrinkles, minor stray hair, and minor eyeglass glare. Edits are limited to one round of revisions. Additional retouching, and additional rounds of revisions, are available for an additional investment.

License: Photographer provides a non-transferable, non-exclusive, unlimited term image license to Client for the display of images on Client’s company website, marketing materials, non-paid social media, email, newsletters, editorial, PR, news media, and personal websites and apps. Commercial/advertising usage requires additional licensing.

Photo Credit: A photo credit identifying the original photographer (“Photo: Rebecca Wilkowski”) should accompany any editorial publication where a photographer's credit is standard procedure and practical (e.g., magazines, newspapers, news outlets, book jackets, etc.)

Photographer’s Rights: Photographer is the copyright owner and reserves the right to use/display all images created for marketing, portfolio, or website purposes.

Payments: Payment in full is required to reserve the session date and time. Acceptable methods of payment include cash, ACH, Zelle or credit card. A 3% processing fee will be applied to non-cash (credit card) payments. Sessions will not be reserved without a session fee paid in full.

Cancellations & Rescheduling - Cancellation policies will apply irrespective of the reason for the cancellation.
• 7 Days or More Notice: The retainer is non-refundable and will be credited toward a rescheduled date within 30 days of the original session, subject to Photographer’s availability. If Client chooses not to reschedule, any balance paid will be refunded. Credits expire after 30 days.
• Less Than 7 Days Notice: Retainer will be credited toward a rescheduled date within 30 days, subject to Photographer’s availability. Any balance paid will not be credited or refunded. Credits expire after 30 days. This cancellation will count towards the reschedule limit.

Late Arrivals
• Client must notify Photographer at least 1 hour in advance if they anticipate being late.
• If Client provides notice but is more than 15 minutes late, the session will be treated as a same-day cancellation. Retainer will be credited toward a rescheduled date within 30 days of the original session date, subject to Photographer’s availability. Any balance paid will not be credited or refunded. Credits expire after 30 days. Late cancellations will count towards the reschedule limit.

No-Shows: If Client fails to appear for the session or arrives more than 15 minutes late without prior notice, the session will be deemed a no-show. No refund or credit will be issued.

Reschedule Limit: Client may reschedule one time within the 30-day window. If the rescheduled session is canceled, Client will forfeit 100% of the session fee as liquidated damages.

Refunds: On signing of this agreement by both parties, the Photographer will reserve the time and date agreed upon and will not make another reservation for the specific time frame. As such, all fees are non-refundable.

Photographer Cancellations: In the rare event Photographer must cancel due to illness, emergency, or other unforeseen circumstances, Client will be offered either a rescheduled session or a full refund of all monies paid.

Force Majeure: If circumstances beyond the reasonable control of either party (e.g., natural disaster, government order, building closure, power outage) make the session impossible, the session will be rescheduled without penalty.

Estimates: Estimates are valid for 5 business days from the “Estimate Date” and may change if the project’s scope, schedule, deliverables, or requirements are revised. This includes, but is not limited to, changes in coverage hours, location, guest count, photography type, crew, equipment, shot list, delivery timeline, editing level, or image license. If the scope expands after the contract is signed or payment made, Client is responsible for all additional fees.

Pricing Policy: Fees reflect the Photographer’s cost of doing business and are competitive for similarly qualified professionals in the San Francisco Bay Area. Photographer may offer rebates for off-season or repeat clients. Pricing and policies may change without notice. Sales tax is waived for digital image delivery. Hourly/daily minimums apply, and higher rates may be charged for holidays, weekends, peak season, or at the Photographer’s discretion.

Courtesy Holds: Courtesy holds on shoot dates, crew, and studio time are valid for 3 business days from the “Estimate Date.” If the signed contract and retainer are not received within that time, the Photographer may revise pricing or release the date, crew, and studio. Availability of Photographer, crew, equipment, or studio is not guaranteed until both the contract and retainer are received.

Consultations: Photographer offers up to 15 minutes of complimentary consultation before signing and up to 60 minutes after the signed contract and retainer are received. Consultation time covers logistics, creative, insurance, scope, and other project details. Additional time is billed at $75/hour.

Execution of Contract: Once both parties sign, the Photographer reserves the agreed date/time and will not accept other bookings for that period. All retainers are non-refundable, even if the date changes or the project is canceled. If the signed contract is not received within 3 business days, the hold will be released.

Non-payment: If the retainer is not paid within 3 business days of signing, the Client forfeits the date, photographer, crew, and studio time. The contract becomes void, and Photographer may rebook the date. No photography services or deliverables will be provided to Clients with outstanding balances or late fees.

Late payment: Invoices become late after 30 days from the invoice date and incur a 5% monthly fee. No services, deliverables, licenses, or copyright will be provided until all balances and late fees are paid in full. Invoices over 120 days past due may be sent to collections.

Project Scope: Client must review the “Scope of Work” for accuracy and notify Photographer in writing immediately of any errors.

Venue Restrictions: Photographer may be limited by venue rules, lighting, or architecture. Client agrees Photographer will follow all house rules (including flash restrictions) and is not liable for any impact these constraints have on the final images.

Permissions: Client is responsible for obtaining all required permits and model/property releases and warrants that Photographer has permission to create and use the photographs as stated in this Agreement.

Schedule & Shot List: Photographer will make reasonable efforts to capture requested shots, but due to uncontrollable factors (weather, lighting, time, venue, or subject cooperation), specific photos cannot be guaranteed.

Changes to Scope: All changes to Scope of Work must be mutually agreed upon in writing. Client assumes responsibility for all requested changes and their impact on the quality/quantity of deliverables, delivery timelines, project fees and crew safety. Photographer may decline changes beyond the original Scope of Work.

Image Approval: A mood board or inspiration deck is recommended—and required for branding projects without an on-site Art Director.

Billable Hours & Overtime: Photography begins at the scheduled time in the Scope of Work. Hours are billed consecutively. Idle time is billed at the Photographer’s regular rate. Photographer is not liable for missed shots due to late starts and will end coverage at the contracted time. Extra coverage may be purchased on-site (in 1-hour increments) at Photographer’s current rate. Shoots exceeding 8 consecutive hours may be billed at 1.5× the hourly rate.  Client requests for schedule changes or extensions are based on Photographer and crew availability and not guaranteed.

Breaks & Meals: Photographer and crew will take a 15-minute break every 4 hours of work and a 30-minute meal break for projects lasting 8+ hours. If no meal is available on-site, Photographer may take a paid one-hour meal break off-site.

Travel: Travel to/within San Francisco, Oakland or Alameda is included in the billable rate. Additional travel is billed at $50 per hour. Airfare, taxi, rideshare and parking fees shall be reimbursed by the Client. Travel days are billed at $750/day for commercial assignments.

Parking: Client must validate or reimburse parking fees. For safety, Photographer will not park on public streets in major metro areas including San Francisco, Oakland, San Jose, and Los Angeles.

Personal Safety/Security: Due to the high incidence of violent crime against photographers in Bay Area public spaces, Photographer reserves the right to bill and be reimbursed for a security guard. If a security guard is not available or preferred, the Client may choose to move the photography location to a private space, company grounds/building, or the Photographer’s studio.

Client Conduct: Client is responsible for the behavior of all employees, guests, and crew. Conduct that impacts, interferes or endangers the Photographer’s job duties, safety, well-being, or equipment will not be tolerated. Unacceptable conduct includes inappropriate, hostile, threatening, or offensive verbal and written communication or physical behavior; sexual harassment; inappropriate touching; and conduct which threatens or damages the photographer’s equipment or safety. Photographer may terminate the contract at any time for such conduct.
• If misconduct occurs before the booking date, all payments (minus actual expenses for goods and services rendered) are refunded.
• If misconduct occurs during the booking, Photographer will provide Client a warning; if not expeditiously resolved, Photographer may terminate coverage immediately and no refund will be granted.

Image Galleries/Online Proofing:  Online galleries remain active for 30 days and are permanently deleted afterward. Recreating a gallery costs $50 per instance. 

Image Archiving: Client is responsible for archiving all delivered images. Photographer retains original files for 6 months, after which all assets are permanently deleted.

Alterations: Proof images may not be published, edited, retouched, screen-captured, shared or altered in any way, including cropping or removing watermarks.

Post-production & Retouching: Headshots include culling and basic corrections (color, contrast, exposure, sharpness, lens distortion). Basic retouching—minor blemishes, minor stray hairs, and teeth whitening—is included for sessions with fewer than 10 subjects. Projects needing advanced retouching (e.g., acne removal, facial slimming, skin smoothing, skin discoloration, background swaps, etc.) will incur additional fees. Advanced retouching includes one round of revisions; extra rounds are billed at $50 each.

Image Format: Photographer will deliver final images as medium to high resolution JPG files, unless otherwise agreed. Photographer does not deliver RAW files to Clients.

Creative License: Photographer will produce work consistent with her portfolio and retains full creative discretion to edit and deliver only images meeting her professional and artistic standards. Not all images shot will be delivered. Client may not withhold payment based on style or aesthetics.

Turnaround Time (Headshots, Portraits & Branding):
• Same Day–1 Business Day: On-site selections needing AI or no editing
• 3–5 Business Days: On-site selections needing basic editing
• 5–7 Business Days: On-site selections needing advanced editing
If final selections are made via an online gallery, editing begins once all selections are received. If Client misses the selection deadline, Photographer’s selections will be final. Any change requests to final images will incur a change fee.

RUSH Fees: Expedited delivery is available. Rates provided upon request.

Photo Credit: Editorial publication (PR, news, social media, TV, etc.) of images must credit “Rebecca Wilkowski Photography.” Photographer attribution is not required for commercial/paid advertising use or when copyright ownership is transferred.

License: Unless a Copyright Transfer Agreement is signed and fee paid, Photographer grants a non-transferable, non-exclusive, perpetual license for worldwide reproduction, distribution, and display in electronic and print media. Rights are granted only after full payment. Permitted uses include event promotion and recap, public relations, non-paid social media, company website, email and marketing materials, LinkedIn, Slack, educational presentations, editorial features, internal communications, news broadcasts, documentaries, and personal websites/apps. Commercial use (e.g., sales materials, online stores, product packaging, film, television, billboard, print and digital advertising, and book covers/jackets) requires additional paid licensing. Unlicensed usage will be invoiced at twice the Photographer’s standard fee. Images may not be sold to 3rd parties or submitted to photo contests and greeting card companies.

Copyright: All images remain the intellectual property of the Photographer under U.S. Copyright Law (Title 17). Removing or altering embedded copyright information is prohibited. Unless a written Copyright Transfer and fee are executed, Photographer retains full ownership in perpetuity, regardless of digital file/negative/print possession. Photographer maintains the irrevocable right to use images for promotion and advertising of Rebecca Wilkowski Photography. Client consents to Federal Court jurisdiction for all copyright claims.

Work for Hire: Photographer is an independent contractor, not an employee, and retains all legal and moral copyright to created images. If deemed an employee under any law, Client automatically transfers all such copyrights back to Photographer. Client will execute any documents needed to confirm this transfer. Copyright ownership transfers only after full payment and a signed Transfer Agreement, at which point Photographer will assign all rights and title to the Client.

Limits of Liability: If the Photographer cannot perform due to illness, injury, death, or Force Majeure, she will attempt to secure a qualified replacement. If none is available or refused, liability is limited to refunding retainers paid, minus expenses for services/goods already rendered. Photographer is not liable for failure or delay caused by events beyond her control, including but not limited to natural disasters/emergency, acts of God, war, invasion, terrorism, civil unrest, government actions, labor disputes, epidemics/pandemics, travel bans, accidents, communication/utility/power outages, or equipment failures (“Force Majeure”).

Indemnification: Client shall indemnify and defend Photographer against all claims, damages, and expenses (including legal fees) arising from the creation or use of Images or materials supplied by Client. Unless provided by Photographer, no model or property release exists, and Client is responsible for obtaining permissions. Photographer’s maximum liability shall not exceed the total amount paid under this invoice.

Transfer and Assignment: Client may not assign or transfer this Agreement or its rights. This Agreement binds Client and benefits the Photographer and their representatives, heirs, successors, and assigns. Client and its affiliates are jointly and severally liable for all payments and obligations.

Changes to Contract: Once signed, this Agreement is final, non-refundable, and legally binding. Any changes or waivers must be in writing and signed by both parties. Client remains liable for any orally authorized additions (e.g., additional images, subjects, hours, crew, equipment or expenses) when written confirmation isn’t feasible.

Right of Withdrawal: Photographer may withdraw if new information, scope changes, or policy violations arise. Reasons include (but aren’t limited to): changes of locations, facilities, dates, times, deadlines deliverables, travel, crew, equipment, accommodations or transportation without sufficient notice and prior agreement by photographer; missed appointments; missed deadlines; non-cooperation; abusive/inappropriate client conduct; failure to provide complete or timely information deemed necessary for preparation for and execution of job and deliverables; failure to provide a working environment that meets parameters set forth in the Scope of Work; failure to provide any goods, service or permissions outlined in the contract in a timely manner or by agreed upon deadline; returned checks, insufficient funds or late payments; and expansion of project scope to a degree where photographer does not have the crew or resources available to successfully complete the project to a reasonable standard. If Photographer in initiates the withdrawal, all fees will be refunded minus the non-refundable retainer and actual expenses for goods and services already rendered.

Breach of Agreement: Client’s failure to comply with any term of this Agreement constitutes a material breach. Photographer may, without prejudice to other remedies, cancel the Agreement and seek damages or demand specific performance plus damages.

Severability: If any provision of this agreement is found invalid or unenforceable, the rest of the Agreement remains in full effect.

Disputes: Except as noted under “Federal Jurisdiction,” disputes of $5,000 or less will be handled in Alameda County Small Claims Court. Disputes over $5,000 will be governed by California law and resolved by binding arbitration before a single AAA arbitrator in Alameda County under the AAA Commercial Rules (Expedited Rules for claims under $500,000). Judgment may be entered in any court of jurisdiction. Client is responsible for all arbitration/court costs, Photographer’s reasonable legal fees, expenses, and interest.

Federal Jurisdiction: Client consents to Federal Court jurisdiction for all copyright-related claims brought by the Photographer under the Copyright Act of 1976 and related laws.

I confirm that by signing the Agreement and submitting a non-refundable retainer that I have read, understand, and agree to this Agreement and its Terms.