Terms of Service

Terms of Service Agreement

These Terms of Service (“Terms”) outline the agreement between you, the client, and Anthony Savage Creative (“we,” “us,” or “our”) regarding the website, photography, and video production services we provide. By booking our services, making a payment, or otherwise engaging with us, you agree to be bound by these Terms, which are designed to ensure a clear and successful collaboration. Please read them carefully.

Services Provided (Scope of Work)

Anthony Savage Creative offers photography services such as, but not limited to, corporate or personal headshots, family portraits, graduate portraits, real estate photography, and event photography. We also provide video services such as, but not limited to, weddings, events, documentaries, interviews, or talking heads, long-form narratives, and vertical video for social media. In addition to photographing or videoing the subject, we also direct, produce, and edit our own content.

Deliverables

The service package chosen by the Client will determine what deliverables are provided. For all photography packages, you will receive at least 10 edited photos which can be used on websites, social media, and print materials for your home or business. All photos will be provided in JPG format, unless otherwise agreed upon in writing at the time of booking. For video packages, you can expect at least 1 full-length, edited, and colored piece of footage, provided in landscape or portrait orientation, to be used on approved websites or social media accounts. All videos will be provided in h.264 (MOV) format unless otherwise agreed upon in writing at the time of booking.

Session Location, Date, and Time

Location and time of sessions are planned after receiving a down payment. We currently service central and northern Alabama. Each session type includes an amount of time defined on the Rate Card.

Revisions

We strive for customer satisfaction with every deliverable we offer. However, we only allow 1 free revision on all deliverables if expectations are not met. After the first revision, an additional fee of $75 per revision will be required to proceed with revisions after delivery. If a re-shoot is required, there will be a re-shoot session fee of $150 required to proceed with the booking.

Out-of-scope Material

When a product is not an offering we provide all clients or falls outside the bounds of our rate card, it is considered “out-of-scope.” This includes:

• Additional revisions beyond what is guaranteed in our rate card, or that have been given written approval for and agreed upon between the Client and us at booking.
• Raw, unedited footage captured during a photo or video session
• Copyrighted music without a proper license

Payment Terms

Total payment is due after final services are completed and the invoice is issued. You will have 15 days to complete the payment. The following conditions apply:

• A non-refundable down payment of 50% is required at booking to hold a session.
• Any late payments after 90 days will be subject to late fees of 25%

At this time, we accept payment via check or Venmo.

Intellectual Property & Usage Rights

Unless explicitly stated otherwise in a separate agreement (like a copyright transfer), Anthony Savage Creative retains the copyright to all images and videos created.

Raw Files

Raw files and project files will not be included in the final delivery of products unless specified in a written agreement at the time of booking.

Raw files will be kept for up to 2 years before being deleted for the sake of preserving storage. It is the client’s responsibility to save the final, delivered products the client has paid for.

Music licensing

If a video is created using music, it is the client’s responsibility to obtain proper licensing of special music. If this isn’t specified, we only use licensed stock music.

Portfolio Usage

All photos and videos are subject to use in portfolio, promotional, and marketing materials for Anthony Savage Creative unless prohibited by a separate non-disclosure agreement provided by the Client and signed by us at the time of booking.

Model Releases

It is the responsibility of the Client to obtain any necessary model and property releases before the time of the shoot. Anthony Savage Creative has the right to obtain model and property releases at an additional cost.

Cancellation & Rescheduling Policy

A retention of the initial down payment will apply for cancellations made after booking. There are no fees for rescheduling.

Force Majeure Events

Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God (e.g., severe weather, natural disasters, epidemics, pandemics, or public health emergencies), war, terrorism, civil commotion, government acts or regulations, strikes, labor disputes, accidents, illness, equipment failure, power outages, or transportation disruptions (“Force Majeure Event”).

In the event of a Force Majeure Event that prevents Anthony Savage Creative from performing its services as scheduled:

• Communication: We will promptly notify the client of the Force Majeure Event and its anticipated impact.
• Rescheduling: Both parties will work in good faith to mutually agree upon a reasonable alternative date and time for the services to be rendered, subject to our availability. No additional fees will be charged for rescheduling due to a Force Majeure Event on the part of Anthony Savage Creative.
• Cancellation: If rescheduling is not possible or mutually agreeable, and the Force Majeure Event makes the performance of services impossible, this Agreement may be terminated by either party without penalty. In such a case, Anthony Savage Creative will refund any payments received, less any non-refundable deposits, retainers, or expenses already incurred (e.g., travel booked, specific equipment rented for the original date) that cannot be recovered.
• Client-Initiated Force Majeure: If a Force Majeure Event affects the client (e.g., preventing the event from occurring or the client’s availability), the client must notify Anthony Savage Creative as soon as reasonably possible. The rescheduling or cancellation policies outlined in Section [X. Cancellation & Rescheduling] will apply, but good faith efforts will be made to accommodate the client, potentially waiving or reducing standard cancellation fees depending on the circumstances and notice given.

This clause does not excuse a party from taking reasonable steps to mitigate the impact of a Force Majeure Event.

Limitation of Liability

Scope: We strive to provide exceptional photography services. However, in the unlikely event of unforeseen circumstances such as equipment malfunction, loss of digital files due to theft, technical error, or other events beyond our reasonable control (including but not limited to unfavorable weather conditions, uncooperative subjects, or missed shots due to client or event-related issues), Anthony Savage Creative will not be held liable. We are not responsible for events outside of our direct control that may impact the final photographic outcome.

Maximum Liability: Should any liability arise from our services, Anthony Savage Creative’s total liability to you for any and all claims, damages, or expenses shall be limited to the total amount paid by you for the specific services giving rise to the claim.

No Guarantee: While we will make every reasonable effort to capture high-quality content and deliver a satisfactory product, we cannot guarantee specific shots, poses, or outcomes that are beyond our control. Our creative judgment will be used to provide the best possible results under the circumstances presented.

Indemnification

You agree to indemnify, defend, and hold harmless Anthony Savage Creative], its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your breach of these Terms of Service, your use of our services, or your violation of any rights of a third party, including without limitation any intellectual property or privacy right. This includes, but is not limited to, any claims arising from materials you provide to us for use in the final product (e.g., if you provide copyrighted material without proper authorization).

Miscellaneous Clauses

Entire Agreement: These Terms of Service constitute the entire agreement between you and Anthony Savage Creative concerning your use of the website and services, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, the provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Amendments: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.

Waiver: No waiver by Anthony Savage Creative of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of [Your Website Name] to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.