Terms and Conditions
The Client listed above is hereinafter referred to as the “Client.” Kidlette, LLC d/b/a Kidlette Photography is hereinafter referred to as “Photographer.” Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the session(s) set forth above.
Portrait Session. Client is guaranteed up to one hour of shooting time for one Senior/Child/Family Session (or 20 minutes for a Mini Story Session; 90-120 minutes for Extended Session) at the location designated above. Photographer will be the exclusive photographer during the session. No other photography is allowed.
Session Details. The session fee covers up to 5 people for a Mini Story or Petite Session, or 5 people for a Full Session. Additional persons are $45 each. Pets are welcome during the session for a fee of $45 per pet.
Session Fee/Booking Retainer. Client agrees to pay session fee as retainer to book Client’s session on Photographer’s calendar. All prints, art products and hi-res digital files are sold separately (other than what may be included with a Mini Story Session). Client understands that Photographer is foregoing other employment by entering into this Agreement to secure the session date/time on the Photographer’s calendar, and therefore, also understands that the retainer is nonrefundable.
Rescheduling/Canceling. Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If Client needs to reschedule due to illness of anyone involved in the session, Client will do his/her best to notify Photographer at least 24 hours prior to the session, or as soon as possible after the issue is identified.
COVID POLICY: Session must be rescheduled if it is to occur within 10 days of a positive COVID-19 test for anyone involved. Client, and anyone present at the session, must be fever and symptom-free for 48 hours prior to session.
The nonrefundable retainer can be transferred to another day and time, so long as the rescheduled session takes place within 8 weeks of the original session date, otherwise the retainer will be forfeited. If the Client cancels a session for any reason and does not wish to reschedule, the Client will forfeit the retainer.
Viewing + Ordering. Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. Approximately 4 weeks after the session, at least 40 custom-edited images (or 10 images with a Mini Story; 60 images with an Extended Session) will be presented in a 15 day online proofing gallery. Gallery extensions are available for $50 per week. All initial orders must be placed within 45 days from date of session. Initial orders placed after 45 days will incur a $75 retrieval surcharge. Any additional orders must be placed within 90 days. Orders must be placed by noon on December 15 to secure current year pricing. Prints and albums will be delivered 4-6 weeks after the order has been paid in full.
Archive and Storage. Unpurchased images are purged from Photographer's storage system 90 days post-session. Purchased images are archived for one year from the date of session. The Photographer is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
Retouching. Client agrees and understands that Photographer edits the proofs at her own artistic discretion, and said editing is included in the digital image/print fees. Additional retouching will be charged at an extra rate of $60 per hour, with a half hour minimum.
Refunds. Due to the custom nature of prints and photographic art products, all purchased products may not be returned and all money paid is nonrefundable.
Force Majeure. Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to pandemic, fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.
Limitation of Liability. If Photographer fails to provide the services hereunder due to reasons other than those listed herein, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client. Client’s recovery is also limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.
Assumption of Risk; Release of Photographer. Client is responsible for and assumes the risk of injury to Client, Client’s minor children, and all participants in the session, specifically including the risks associated with on-location sessions. EXCEPT AS SET FORTH ABOVE, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE PHOTOGRAPHER, AND PHOTOGRAPHER’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE PHOTOGRAPHER, PHOTOGRAPHER’S EMPLOYEES OR INDEPENDENT CONTRACTORS.
Copyright. Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement. Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, add filters, or alter the images in any manner for any purpose. Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent of the law permitted.
Client Usage; Personal Use Only. Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only. Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind.
If Client wishes to use any of the images from the session for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement.
A web-sized digital image is included with each print. Client understands that high resolution images may be purchased separately if large format is desired. Web-sized image files are optimized for social media and digital display.
Exclusivity. If Client books as a senior model or senior representative, Client agrees that Photographer will be their exclusive photographer for the entirety of their senior year, and all related senior year photography. Client agrees to promote Photographer's brand exclusively.
Cooperation. Uncooperative clients, rudeness, verbal abuse and/or profanity will not be tolerated. Photographer reserves the right to cease session immediately if Photographer feels threatened in any way, and Client retainer will be forfeited.
Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.
Entire Agreement; Amendments. This Agreement is the entire agreement between the parties regarding this subject matter and supercedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in a writing signed by both parties, including any rescheduling or cancellations.
Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Michigan, without giving effect to the principals of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Michigan.
Counterparts; Electronic Signatures. This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement. This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.