Terms of Service

Agreement to Terms

By booking a photography session or using the services of Robert Mitchel Owenby Photography ("we," "us," or "our"), you agree to be bound by these Terms of Service. Please read them carefully before engaging our services.

Booking and Scheduling

Session Booking

• All bookings are subject to availability and confirmation
• A signed contract is required only for weddings and elopements
• Session dates are not guaranteed until payment is received
• We reserve the right to decline any booking at our discretion

Rescheduling

Requests to reschedule must be made at least 48 hours before your scheduled session. The first rescheduling request is complimentary when made with proper notice. Additional rescheduling requests are subject to a $150 fee. We will make reasonable efforts to accommodate rescheduling based on availability.

Pricing and Payment

Session Price and Image Pricing

Our pricing structure includes a session price plus per-image pricing:

• Business Headshots: $250 session price + $250 per final image
• Actor Headshots: $250 session price + $125 per final image
• Custom Services: Pricing provided during consultation based on project scope

Payment Terms

• We do not require deposits
• 100% of the invoice is generally due at the time of booking
• Exceptions may be made for corporate teams, office bookings, and certain events on a case-by-case basis
• Image selection and final payment are required before delivery of final images
• We accept credit cards, debit cards, and electronic payments
• Late payments may result in delayed delivery or additional fees

Products and Prints

Products including wall art, prints, albums, and other physical items must be paid in full before fulfillment begins. Products will not be ordered or created until payment is received in full.

Refunds

Session fees may be refundable if we are unable to fulfill the session due to circumstances within our control. Refund requests must be submitted in writing. No-shows forfeit all money paid.

Cancellation Policy

Client Cancellation

All cancellations must be submitted in writing.

• No-shows: Clients who fail to appear for their scheduled session forfeit all money paid
• Rescheduling (with proper notice) is always preferred over cancellation
• See Rescheduling section above for details on rescheduling fees and requirements

Photographer Cancellation

In the rare event we must cancel your session, we will provide as much notice as possible and offer rescheduling or a full refund of all fees paid.

Image Delivery and Usage

Delivery Timeline

• Individual headshots: 5-7 business days after session and final payment
• Portrait sessions: 2-3 weeks after session and final payment
• Weddings: 6-8 weeks after event and final payment
• Rush delivery: Available for additional fee upon request

Image Selection

Image selection happens in person. For headshots and most portrait sessions, you will select your images immediately following the session. For larger-scale projects such as extended portraits, weddings, and elopements, a separate image reveal and ordering appointment will be scheduled. As a general rule, we do not send out galleries for independent image selection.

Raw Files and Unedited Images

Raw files and unedited images are not provided as part of any photography package. These files represent unfinished work and do not reflect our professional standards. For adamant clients, raw files may be purchased for $2,000. This fee reflects the value of our complete creative process and editing expertise.

Copyright and Usage Rights

• Robert Mitchel Owenby Photography retains all copyright to images created
• Clients receive a personal, non-exclusive license to use purchased images
• Commercial use requires explicit written permission and may incur licensing fees
• Images may not be altered, edited, or used for AI training without written permission
• We reserve the right to use images for portfolio, marketing, and promotional purposes unless otherwise agreed in writing

Studio Location

Our studio is a professional home studio. All clients are welcome to bring someone with them if they would feel more comfortable. Please note that a dog does live on site but will be kept in a separate room during your session.

Client Responsibilities

Session Preparation

• Arrive on time for your scheduled session
• Follow any preparation guidelines provided before the session
• Notify us of any special needs or accommodations required
• Provide accurate contact information for communication and delivery

Conduct

Clients are expected to conduct themselves professionally and respectfully during all interactions. We reserve the right to terminate sessions immediately if we feel unsafe or disrespected, with no refund of fees.

Liability and Limitations

Equipment Failure

While we use professional-grade equipment and backup systems, we cannot be held liable for equipment failure, data loss, or circumstances beyond our control. In such cases, we will offer to reschedule or provide a refund of fees paid.

Limitation of Liability

Our total liability for any claim arising from our services shall not exceed the total amount paid for the specific session or service in question. We are not liable for any indirect, consequential, or punitive damages.

Force Majeure

We are not responsible for failure to perform services due to circumstances beyond our control, including but not limited to: natural disasters, illness, accidents, or government restrictions. In such cases, we will work with you to reschedule or provide appropriate refunds.

Model Release and Consent

By booking a session, you grant permission for us to use your photographs for:

• Portfolio display on our website and social media
• Marketing and promotional materials
• Advertising our photography services
• Professional competitions and publications

If you do not wish for your images to be used for marketing purposes, you must indicate this in writing at the time of booking. This restriction may affect pricing and availability.

Dispute Resolution

Any disputes arising from these Terms of Service or our photography services shall first be addressed through good-faith negotiation. If resolution cannot be reached, disputes shall be resolved through binding arbitration in accordance with the laws of the State of Georgia.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified terms.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.

Contact Us

If you have questions or concerns about these Terms of Service, please contact us: