Photograph With Props
LV BRANDING Terms And Conditions
Updated 03-2021
____Definitions
1. Definitions Of Terms
a. By placing an order through this website, you (sometimes referred to herein as “Client or Customer”) are agreeing to commission Products on White or Color Background Photography to create and deliver photography services and images to you, and you agree to be bound by the following terms and conditions (“Terms of Service”). The services offered by LV BRANDING under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by LV BRANDING hereunder, whether captured or stored in photographic magnetic, optical or any other medium whatsoever.
You can review the current version of the Terms of Service at any time at https://www.lvbranding.com/terms-and-conditions.
b. LV BRANDING reserves the right to update and change the Terms of Service by posting updates and changes to the LV BRANDING website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
c. By placing your order with LV BRANDING, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including LV BRANDING’s General Shooting Direction Policy at https://www.lvbranding.com/howtoprovideshootingdirection.
d. For purposes of these terms, “Objective Shooting Criteria” means camera position, product position, the number of items per shot, shot distance, product rotation, and camera height.
____Payment
2. Ordering Photos
a. For all orders, payment is due in full when the order is placed and must be made through the LV BRANDING website.
Over Payment For Larger Discounts
b. Pre-payment constitutes a retainer for services. You may order more now to get a more considerable discount and send products later. See refund details below in section "k" Refund Policy.
Order Is Too Small
c. If LV BRANDING received more products to photograph than the number of images ordered, LV BRANDING may, at its option, elect to:
i. Photograph all provided products, contact Customer and inform it of the discrepancy and request additional payment, or
ii. Place the order “On Hold” until such time as the Customer instructs which products should be shot and which should not be shot so that the total images do not exceed the number ordered.
iii. If LV BRANDING elects to shoot all products, the Customer will be informed of such a decision, and LV BRANDING will provide all images with a watermark until the balance due for the additional photos has been paid.
3. Refund Policy
LV BRANDING’s Refund Policy with visual examples can be found here: https://www.lvbranding.com/reshoot-policy
d. Clients can request a refund only before the photos have been sent. However, refunds will be processed only be refunded if are requested within the first 30 days of placing the order.
e. A refund of up to 70% will be issued -as a maximum amount of the amount paid-. A rate of 30% or more may be deducted from the amount paid for processing and administrative fees.
f. All refunds are issued in the original form of payment and are subject to the processing times and/or fees of the appropriate external financial institution.
g. After 30 days, balances (under the premise described above) cannot be refunded but will remain as credit for future orders, up to 90 days.
h. After these 90 days, the credited amount will be without effect.
i. Refunds and credits cannot be transferred to third parties.
j. Discounts are given based on the volume that is ordered. In the event of a partial refund and the original volume is 50 photos or below, the per photo price will change to reflect the new pricing as outlined on the pricing page.
k. For example, if an order is placed for 50 Standard Product Photography photos at the bulk discounted rate of $29.99 per photo and there is a refund for 25 photos, the new price would be 39.99 per photo, and the refund would reflect this new volume pricing, not the original volume.
l. All refunds are final and will only be provided at the end of the order.
____Image Approval / Disapproval Policy
4. Approval/Disapproval
a. Customer will be given an opportunity to approve or disapprove images at the conclusion of the photoshoot and only after all images are posted for Customer download by responding to an LV BRANDING: (email indicating that shooting has been completed (the “Approval Email(s)”).
b. Failure to respond for any reason within 30 days to the “Request For Approval Emails” will result in those images being automatically approved.
c. Once an image is approved by the customer, no future refunds can be issued, or complementary redos, retouching, or changes are allowed. In the event Customer disapproves of an image, the following requirements must be satisfied:
i. Disapproval must be expressly made to LV BRANDING in writing specifying the objective reasons for disapproval. Because photography is a visual medium, it is advised to use visual mark-ups as described in the following article.
ii. If Customer has complied with the LV BRANDING General Direction Shooting Policy, and LV BRANDING has failed to substantially match the Objective Shooting Criteria under the instruction given by Customer -and Customer provided Materials (which include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference URLs)- LV BRANDING will photograph or retouch the disapproved images up to two times free.
iii. If Customer has not complied with the LV BRANDING General Direction Shooting Policy or has otherwise left image composition up to the discretion of LV BRANDING, then Customer will not be entitled to a refund or reshoot, and any refunds or reshoots will be offered in LV BRANDING’s sole and absolute discretion.
d. If Customer requests a reshoot or Redo because of their dissatisfaction with lighting elements of an image, then LV BRANDING will attempt to fix the image using retouching at no additional cost and under the "Shooting Direction Policy." See Our Reshoot Policy for more information and helpful tips.
e. If LV BRANDING has reshot or retouched an image twice and Customer still disapproves of the image and the image still fails to meet the Objective Criteria of the Materials provided by Customer, then LV BRANDING will work with Customer to find a mutually acceptable remedy, which may include a complete refund of the purchase price.
f. If the image cannot be sufficiently corrected to Customer's satisfaction using retouching, then the lead photographer will, at his or her sole option, have the choice to reshoot the image complementary or charge the Customer for the cost of a new photo.
g. The use, display, or other dissemination of any image created by LV BRANDING shall constitute Customer's acceptance and satisfaction of the image(s) at which time the Customer shall be entitled to no further remedy for dissatisfaction with the provided image(s).
h. LV BRANDING expressly retains all copyright and other intellectual property rights to all disapproved and refunded images. Any use, display, or further dissemination of disapproved or refunded images by Customer is strictly prohibited.
i. Once an order is refunded, then that part of the order is closed, and no further adjustments or changes can be made.
____Shooting Direction Policy
5. Shooting Direction
a. Our view of shooting direction can be summed by like this:
i. If you show us how to shoot your product and we don't do it that way, then we'll redo it complimentary.
ii. If you don't tell us how to photograph your product and waive the right to direct, then reshoots based on the positioning are not complementary.
If you don’t tell us how to photograph it, then we won’t know how to photograph it.
b. Direction of how the purchased images are to be photographed must be expressly specified in writing. Written directions may be provided in a separate email following the prompts contained in the confirmation email after purchasing the services.
Since photography is visual, the written shooting direction is usually not clear. Therefore, it is advised that match images be taken for product position, angle & lighting be provided and added to the spreadsheet provided in the General Shooting Direction Guide.
c. Verbal direction given will not constitute shooting direction.
d. Client may waive the right to shooting direction in writing and allow the photographers to decide how to photograph the items. Client will not receive complimentary redos or reshoots on these photos.
e. Unless the Client waives the right to shot direction, Clients are required to submit Materials sufficient to provide LV BRANDING with clear direction and instruction on how images should be shot. Such Materials include but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference URLs.
f. If sufficient direction is not provided, then an order will be placed on hold, as discussed in the section “Turn-Around Times & Delays.”
g. It is uncommon for customers to provide lighting direction. If the Client does not provide a lighting match image, then LV BRANDING will default to using Even Lighting.
h. Policies regarding disapproval because of lighting are covered in Section D. “Image Approval/Disapproval Policy.”
6. Elements of Chance and The Spirit of the Match Image
a. Elements of chance are items where exact direction cannot be followed because they are unpredictable and can never be reproduced the same way.
For example, The customer provides a matching image of a blue powder spread out on a surface in a certain manner. We will try to match the general look of the powder when we shoot it on our set. However, matching the powder grain for grain would be impossible. This is considered an "element of chance" because the powder is unpredictable, and the exact position can never be matched exactly.
b. Elements of chance do not qualify for reshoots if the matched image's general spirit is reflected.
c. Elements of chance apply to but are not limited to the following situations:
i. Hand photos
ii. Cosmetic smears
iii. Large complex groups
iv. Oils and spills
____Product Quality and Resulting Image
7. Product Quality
a. To ensure LV BRANDING is able to produce the highest possible quality image, Customer agrees that all products provided for shooting will be in substantially similar condition as those appearing in the Customer provided Materials. This includes but is not limited to color, size, label position and content, packaging, etc.
b. LV BRANDING is not responsible for any damage or loss to products provided by Customer to LV BRANDING for photographing unless such damage or loss occurs while the product(s) is in actual physical possession of LV BRANDING.
c. Customer agrees that LV BRANDING will photograph the item in the condition in which it arrives at the LV BRANDING studio. If the product arrives at the LV BRANDING studio in a condition that does not materially match that which is evidenced in the Customer provided Materials, LV BRANDING will use reasonable efforts to contact Customer and request a new sample product more closely matching that appearing in the Materials. However, LV BRANDING is not liable for photographing the product as received. Any Customer disapproval will be subject to the LV BRANDING Refund, Revision, Image Approval/Disapproval Policy.
d. In the event a provided product contains minor flaws (i.e., minor discoloration, dings, dents, scuffs, etc.) LV BRANDING may, at its option, retouch the images at no additional cost to the Customer. However, it is under no obligation to do so.
e. Props are defined as items other than the product to enhance the photo. With the exception of props that are listed on the Photograph With Props page.
f. Customer must provide all props for the photograph. Clear direction is required as described in the “LV BRANDING General Direction Shooting Policy.”