TEAM HEADSHOT PHOTOGRAPHY TERMS & CONDITIONS

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.

Payment, Discounts & Fees: Accepted payment methods include cash, business check, ACH, and credit card. A 3% fee applies to credit card payments. Discounted rates do not apply to credit card or wire transfers. Returned checks incur a $50 fee.

Payment Schedule: A 50% non-refundable retainer secures the booking; the balance is due 7 days before the event commences. The retainer must be paid within 3 business days of contract signing, or the agreement will be void, and the Photographer will release the hold on the date, crew, and studio. The retainer remains non-refundable if the date changes or the project is canceled. Photographer will not hold any crew or booking without both a signed contract and retainer. No deliverables, licenses, or copyright will be transferred until all invoices are paid in full.

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.

Refunds: On signing of this agreement by both parties, Photographer reserves the agreed date/time and will not accept other bookings. For this reason, all retainers are non-refundable. All fees and expenses remain due in full whether the Client uses the images or licenses.

Cancellations: Client must provide written notice for any cancellation or reschedule. Notice is required at least 30 days prior for corporate headshots, team, branding, or lifestyle sessions. Cancellation policies will apply irrespective of the reason for the cancellation.
•       30+ days’ notice: Retainer and payments will be credited toward a rescheduled session (within 90 days from date of cancellation and subject to availability). If project is not rescheduled, a refund minus the non-refundable retainer will be issued within 7 business days, less any transaction fees. Credits expire after 90 days.
•       15–29 days’ notice: Retainer and payments will be credited toward a rescheduled session (within 90 days from date of cancellation and subject to availability). If project is not rescheduled, no refund will be made. Credits expire after 90 days.
•       14 days or less: Client owes 100% of the fee as liquidated damages; no refund and no credits will be made.

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

Talent: Rebecca Wilkowski Photography (RWP) includes principal photographer Rebecca Wilkowski and qualified Associate Photographers, Digital Techs, Lighting Techs, and Assistants. Bookings are assigned to the principal or most senior photographer available when the contract is executed. All Associates meet RWP’s professional and equipment standards. Specific photographer requests may be made but cannot be guaranteed.

Crew: RWP shares crew contact details only to obtain security credentials, badges, NDAs, or hotel assignments. All communication must go through Rebecca Wilkowski, and Client may not directly hire or contact crew outside RWP.

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: Client must provide a detailed schedule at least 3 business days before headshot sessions and 5 days before branding/lifestyle projects. 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: Client must provide an authorized representative on-site or review images remotely during all branding/lifestyle shoots. If no review occurs, Client accepts Photographer’s judgment on image quality and completeness. 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.

Accommodations: For projects outside San Francisco County requiring over 1 hour of travel each way, Client must provide lodging if the project (a) starts before 8 AM and lasts over 8 hours, or (b) spans multiple days. If no client-arranged room block is available, Photographer may book directly. Lodging must be non-smoking, private, and in a 4-star+ Airbnb or 3-star+ hotel within 5 miles (SF) or 10 miles (Greater Bay Area) of the venue. Client must confirm accommodations within 10 business days of paying the retainer or 14 days before the event (whichever is later). If not confirmed, Photographer may book equivalent or lesser accommodations and invoice Client for reimbursement.

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 with 10+ subjects or those 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.