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  • Kristen Nicole Photography Portrait Session Contract

  • A. Session Fees

    Client agrees to pay photographer a deposit of $30 ($20.00 for mini sessions) at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. A balance $120 for a full session or $245 for a newborn is due at the time of the session.   The session fee ($150 or $275) covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer.  Additional editing is available at additional expense to be determined by photographer.  Additional prints and digital images will be available for purchase.

    B. Location Costs & Fees

    If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within Lake County, Ohio.   Any location outside of these limits will be subject to an additional charge of $35.00 for every 20 miles outside of the Lake County.

    C. Rescheduling

    If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. If business has to shutdown due to any act of of God, emergency, or photographers discretion, your deposit can be used for a future shoot when the photographer can operate again, but no refunds will be given.

    D. Re-shoots / Refunds

    Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.

    E. Archive

    After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.

    F. Payment

    All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

    G. Damage

    Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail, UPS or FEDEX. Client assumes all responsibility for the safety of all portraits upon receipt. 

    Photographer is not to be held responsible if any digital files, cards or camera is damaged and files lost or damaged. Photographer will not be held liable if files are lost due to and or malfunction due to fire, flood, technical mishap,loss or theft. 


    In the case files are lost or damaged prior to being delivered to client, Kristen Nicole Photography will issue a refund for the session OR a reschedule session for the same amount rendured.  

     

  • H. Liability

    Photographer is not responsible for any injuries inflicted upon any participating parties. Photographer is not responsible for any bug, snake or other natural injury during the shoot. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. 

    The Photographer and property owner shall be held harmless for any illness or injury to client(s) during the course of the photography session and the immediately surrounding events. All reasonable precautions will be taken by Photographer to ensure the safety of clients, including not knowingly associating with persons exhibiting symptoms of contagious illness for two weeks prior to scheduled session including illness like Covid-19.

    I. Copyright & Penalty

    Kristen Nicole Photography retains all copyrights to all images created during client’s session. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Kristen Nicole Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.

    J. Session Requests

    *No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.

    *Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.

    *Please do not bring any children not being photographed to the session.

    *Please make sure hair is combed and face is clean and free of runny noses or eyes.

    *Please use appropriate bug sprays/sun screens to protect your family and your self from the natural elements. 

    *Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.

    *If anyone has been sick or around anyone sick within the last few days (if covid-19 within the last 2 weeks) you will need to reschedule asap. 

    K. Model Release

    In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to Kristen Nicole Ugrinic (Kristen Nicole Photography) his/her heirs, legal representatives and assigns, those for whom the photographer is acting, and those acting with his/her authority and permission:

    a) the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.

    b) I also permit the use of any printed material in connection therewith.

    c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

    d) I hereby release, discharge and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

    e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.


     

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