Terms of Use

Policies & Procedures of Mitchell Photography

WITHOUT EXCEPTION, all prints, products, and digital files provided by Mitchell Photography are protected under copyright of James Mitchell and Wendi Mitchell of Mitchell Photography in Bowling Green, Kentucky. This copyright is non-transferrable. Purchase of prints, products, or digital files does NOT signify a transfer of ownership of any copyrights. Please refer to the Limited Release document provided with your digital files for further information on how you may legally use your purchased or provided digital files. Please also adhere to the U.S. Copyright Act, in your usage of photographic prints and products, outlined below:

The U.S. Copyright Act (Title 17, United States Code) is designed to protect photographers and other artists by granting them the exclusive right to distribute, copy, edit and publish their photography by license, transfer, or sale. The Copyright Act prohibits anyone from copying, scanning, editing or sharing photographic prints, images, or media without the written permission of the photographer. Violation of the Copyright Act can incur both civil and criminal penalties.

GENERAL:

Once a photography session has been performed, your session fee is non-refundable, as it covers the time and skills invested by Mitchell Photography up to and through that point.

We require full payment for prints and products at the end of your ordering session (via cash, check, or credit). No order will be designed or submitted until paid in full, unless payment plan arrangements have been specified and agreed to in writing.

No online galleries or blog/social media sneak peeks will be posted until all payments are made.

All items ordered during your in-person ordering session will be delivered directly to Mitchell Photography for quality assurance. We prefer that our clients pick up their orders directly from us. However, prints and products may be shipped to you at an additional cost.

Items ordered via online galleries (by family and friends) will be shipped directly from us after quality inspection and packaging. PLEASE report any damages due to shipping to us within 24 hours of receiving your item. We have office hours every day of the week, and check voicemail often during non-office hours.

Mitchell Photography reserves the right to use images for advertising, display, publication, or other purposes. All images and previews remain the exclusive property of Mitchell Photography.

Refunds: All session fees/retainers/deposits are non refundable, unless accompanied by a rescheduling/cancellation fee as specified below.

Refunds may be issued if quality of work does not meet Mitchell Photography Standards due to areas within company control, such as lighting, mechanical failure, product imperfection, etc.; but no refunds will be awarded for areas within client preparation, such as wardrobe misfit or malfunctions, chipped fingernail polish, wrinkled clothing, un-manicured hair, etc. Please prepare carefully and thoughtfully for your session.

RESCHEDULING/CANCELLATION:

Mitchell Photography reserves the right to reschedule any session due to photographer illness, personal emergency, or inclement weather. If a session cannot be rescheduled due to photographer cancellation, we will refund your paid session fee.

Clients reserve the right to reschedule any portrait session with at least one week’s notice to the photographer, at no additional fee. Rescheduling within one week of your session’s date may incur additional fees ($20 per occurrence), at Mitchell Photography's discretion.

If you prefer to cancel your session, instead of rescheduling, you may pay a cancellation fee of $20.

DIGITAL IMAGES:

Mitchell Photography provides archival-quality photographic prints and products, color corrected & calibrated to print EXACTLY as we see on our Mitchell Photography computer, by our professional print lab. Any digital photos you see (on our website, blog, social media sites, or that have been provided directly to you) may vary from their intended appearance, depending on your computer's monitor and settings. In addition, Mitchell Photography cannot guarantee the results or quality of photographic prints made by clients or by clients' chosen labs. For consistent, quality results made to last a lifetime, please purchase your prints directly from Mitchell Photography. Mitchell Photography will provide a low resolution, branded 4x6 digital copy of any image you purchase, absolutely free of charge. Additional digital images may be purchased separately.

Digital files purchased or provided are for personal archival purposes. We include a print release for non-professional, personal printer photographic prints only, in sizes 4x6" and smaller. Digital files may be used to make your own scrap-books/albums, but may not be redistributed, copied, sold, or reproduced in any other fashion. All print and portrait products must be purchased directly through Mitchell Photography unless otherwise specified and agreed to in writing.

Please back up all digital copies of your photographs in 1-2 places. We recommend an external hard drive or flash drive, as well as online/cloud storage. Mitchell Photography will make every effort to retain your files for up to 3 months from the date of your session. A $25 recovery fee will apply to any session retrieval from our archives.

PORTRAIT SESSIONS:

Portraits: your full session fee is due immediately upon reservation of your session. We often collect the session fee at your pre-session consultation, via check, credit card, or cash. However, you may also mail your check, or pay your session fee online, upon request. We will not reserve a date or time without payment.

Mitchell Photography strives to have your portraits ready to view and order within 5-7 days after your session. However, your wait may be longer during busiest seasons. We appreciate your patience!

WEDDINGS:

Weddings: 20% of your chosen Package is due immediately as a non-refundable retainer fee to reserve your wedding date, along with your signed contract. We will not reserve a date or time without BOTH your payment and the signed contract. We often collect this amount at an in-person meeting (which is where we will sign your contract). The remainder of your full balance is due no later than 2 weeks before your wedding date. If applicable, you will be able to select your products during our in-person ordering session(s).

Upgrades to your Package may be made at any time, including on the day of your ordering session. No downgrades will be permitted. Please choose your Package carefully.

Mitchell Photography’s goal is to have your wedding images ready to view and order within 2 weeks after your wedding date. However, your wait may be longer during busy seasons. We appreciate your patience!

Mitchell Photography is the exclusive official photographer retained to perform the photographic and/or video services requested for a wedding, and no other photographers shall obstruct performance of photography services provided by Mitchell Photography.

Mitchell Photography may substitute another photographer to take the photographs in the event of Mitchell Photography’s illness or scheduling conflicts. In the event of such substitution, Mitchell Photography warrants that the photographer taking the photographs or video shall be a competent professional.

Click here to ask any questions you may have about working with Mitchell Photography.