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Terms & Conditions / Contract Agreement

Last modified March 20th, 2026

By booking with Briana Battaglia Photography, you (“Client”) agree to the following Terms & Conditions. This document serves as a legally binding contract between the Client and the Photographer.

1. Booking & Payment

  • A $100 non-refundable retainer is required to secure your session or event date. No date is reserved until payment is received. The retainer is applied toward your total balance.

  • Sessions: Full balance must be paid before images are delivered.

  • Events: Full balance must be paid before the event begins.

  • Late payments: If payment is not received within 14 days, the Client may be charged 10% per month interest on the unpaid balance until payment is made in full. The Photographer will not begin editing or delivering any images until full payment is received. Late payment may delay the agreed-upon turnaround time.

  • Accepted payment methods: Venmo, Zelle, PayPal, cash, or check.

 

2. Cancellations & Rescheduling

  • The retainer fee is non-refundable under all circumstances, including cancellation by the Client.

  • The Client may reschedule once with at least 24 hours notice; the retainer will transfer. Reschedules with less than 24 hours’ notice require a new retainer. Additional reschedules require a new retainer.

  • Retainers are valid for 60 days from the original date.

 

Weather Exception:

  • If the session must be rescheduled due to unsafe or poor weather conditions, the retainer will transfer to a new date and will not count as the one allowed reschedule.

 

Event Rescheduling / Photographer Unavailability:

  • If the Client reschedules an event and the Photographer is unavailable on the new date, the Photographer will make reasonable efforts to provide a trusted replacement and will still handle editing to ensure the final gallery reflects their style and quality.

  • If a replacement cannot be arranged, the retainer may be applied as a credit toward a future session or event.

  • Credits must be used within 6 months of the original event date and may be transferred to another family member who has not previously inquired or booked with the Photographer.

 

3. Late Arrivals & No-Shows

  • Late arrivals may result in a shortened session.

  • If the Client is more than 30 minutes late without notice, the session is considered canceled and the retainer is forfeited.

  • If the Client arrives late but would like to complete the full session time, additional fees may apply if the Photographer is able to stay longer.

  • If the Client is unable to attend entirely, all payments will be forfeited.

  • The Photographer typically arrives early; however, if the Photographer is late, the Client’s session time will not be reduced.

  • The Photographer will confirm session details in advance. If the Client fails to respond, the Photographer reserves the right to treat the session as canceled.

 

4. Photographer Cancellation / Emergency

If the Photographer is unable to perform due to illness, emergency, or circumstances beyond control:

  • Sessions: Will be rescheduled, and all payments will transfer to the new date.

  • Events or time-sensitive sessions: The Photographer will make every effort to provide a trusted replacement photographer and will still handle the editing to ensure the final gallery reflects their style and quality.

  • If neither option is possible, all payments will be refunded.

 

5. Travel

  • Travel up to 20 miles from Essex County within NJ is included. Travel beyond this range or into NY will incur an additional fee starting at $50, depending on distance, tolls, and parking. 

  • The Photographer does not maintain a permanent studio. Studio rentals or at-home setups may incur additional costs.

 

6. Delivery & Turnaround Time

  • Sessions: Galleries are typically delivered within 14–21 business days, depending on the session type and package.

  • Events: Galleries are typically delivered within 8–12 weeks.

  • Rush delivery: May be available for an additional fee. 

  • Sneak peeks: (For proposals and events) are delivered within 3 business days, unless a rush fee is purchased.

Delivery times are estimates and may vary slightly due to workload or unforeseen circumstances. 

 

7. Image Selection & Editing

  • Sessions: The Photographer will cull images for quality, then the Client may select their preferred images for final editing. Packages include a set number of fully edited images, with additional images available for purchase. The Client has up to 3 months from notification to choose their images; after this period, a $50 re-upload fee will apply. 

  • Events: The Photographer selects and edits all final images. The Client will receive a fully edited gallery. The total number of images delivered will vary depending on the event and is not guaranteed.

  • Delivery & Download: Once the final gallery is delivered, the Client has 30 days to download their images. After 30 days, a $50 re-upload fee will apply. 

  • Editing: Includes color correction, lighting adjustments, and minor retouching (such as blemishes). Major edits (including body or facial alterations) are not provided. Reasonable edit requests may be accommodated; however, requests made more than 30 days after gallery delivery will incur an additional fee. 

  • Culling: Images removed during culling include duplicates, test shots, or unflattering photos, ensuring the final gallery is cohesive and easy to browse.

 

8. RAW Files

Unedited/RAW images are not delivered under any circumstances.

 

9. Copyright & Usage

The Photographer retains full copyright ownership of all images. The Client is granted a personal-use license, allowing sharing and printing for personal purposes only, provided the Photographer is credited and tagged when images are shared online.

The Client may not:

  • Sell images

  • Edit or alter images

  • Use images for commercial purposes without permission

Commercial use, advertising, or resale of images may require a separate commercial licensing agreement or additional fee.

 

10. Social Media & Marketing / Model Release

  • The Photographer may use images for portfolio, website, and social media. If the Client prefers privacy, they must notify the Photographer prior to the session. 

  • Clients are expected to credit and tag the Photographer when sharing images online. Unauthorized use, including sharing without credit, violates the Photographer’s copyright, as the images provided are not watermarked. 

 

11. Client Responsibilities

The Client agrees to:

  • Arrive prepared and on time

  • Communicate clearly

  • Ensure all participants behave safely and respectfully

  • Select and download images within the allowed timeframes to avoid re-upload fees

  • Credit and tag the Photographer when sharing images online

 

12. Additional Participants & Pets

Clients may bring family, friends, or pets to sessions. The Client is responsible for the behavior and safety of any participants or pets.

  • Portrait sessions: An additional fee applies for 3-6 people being photographed (with the exception of families). 

  • For more than 6 people: An Extended Family Session must be booked.

 

13. Artistic Style

The Client acknowledges they are familiar with the Photographer’s style (timeless, true-to-life, a mix of posed and candid shots) and agrees that final images will reflect that style.

 

14. Limitation of Liability

  • The Photographer is not responsible for incomplete coverage due to client or participant non-cooperation, lateness, or restrictions beyond the Photographer’s control.

  • The Photographer is not liable for any injuries, accidents, or property damage during the session or event, whether caused by the Photographer, the Client, participants, or any other party.

  • In the unlikely event of equipment failure, file corruption, or lost/stolen images, liability is limited to a refund of payments made. 

  • Once the final images are delivered, the Client assumes full responsibility for their storage, backup, and protection. 

 

15. Agreement

By booking a session or event, the Client acknowledges they have read, understood, and agree to these Terms & Conditions, as well as any details previously discussed, including session/event date, time, location, package, and fees. No separate signature is required; booking and payment constitute acceptance of this contract.

Privacy Policy & Website Terms of Use

1. Privacy Policy

Information We Collect:

  • Personal information you provide: name, email, phone number, mailing/billing address, payment information

  • Content you share for sessions or inquiries (photos, inspiration boards, notes)

  • Automatically collected data: IP address, browser type, device, and website usage (cookies, analytics)

 

How We Use Your Information:

  • To respond to inquiries and schedule sessions/events

  • To process payments and deliver products/services

  • To communicate updates, promotions, or important announcements (only if you opt in)

  • To improve our website and services using analytics

 

How We Protect Your Information:

  • Information is securely stored and only accessed by authorized personnel.

  • Shared only with trusted service providers necessary to complete bookings (printers, labs, videographers, payment processors.)

  • We do not sell your personal information.

 

Your Rights:

  • You may request access to, correction of, or deletion of your personal information.

  • You may opt out of marketing communications at any time.

 

Cookies & Tracking:

  • Our website may use cookies or analytics tools to improve performance and functionality.

  • You may disable cookies in your browser, but some features may not work.

 

Contact:

 

2. Website Terms of Use / Intellectual Property

  • All content on this website- including images, text, graphics, logos, and design- is owned by Briana Battaglia Photography. 

  • You may view and share website content for personal, non-commercial use only. Unauthorized copying, distribution, or commercial use is prohibited.

  • You may not reproduce, modify, publish, transmit, display, or sell website content without written permission.

  • External links to third-party sites are provided for convenience; we are not responsible for their content or privacy practices.

  • Unauthorized use of website content may violate copyright or other intellectual property laws.

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