Session Fees
Client agrees to pay photographer a retainer at the time of booking to secure their appointment date and time agreed upon by the client and photographer. This retainer also includes time of communications and behind the scenes work to prepare for the session. For these reasons, the Reservation Retainer is non-refundable, even if the date is changed or session cancelled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Retainer is to be paid at time of signing the contract. The Reservation Retainer is applied towards the contracted Session Package. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored. See 'Payment' in regards to Gift Certificates.
Editing: Photographer will do their best to edit to the client's liking, however client understands the work of the photographer and has chosen and accepted the photographer based on previous work. If there is further additional editing required other than what was originally given, a fee of $50 per image will be charged to the client no matter the extent of editing requested and must be paid prior to delivery of the newly edited image via a new invoice.
Client understands, upon receipt of photos, if any issues (editing, unhappy with photos, etc.) arise, client must notify photographer(s) immediately of the issue within 30 days of receiving the photos; otherwise, the pictures will be assumed they are to the client's approval and fulfillment of the contract by the photographer(s) has been completed. Client also understands that once photos are downloaded, this informs the photographer(s) the pictures are to the client's approval and fulfillment of the contract by the photographer(s) has been completed.
Scheduling
Session starts at the agreed upon start 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. Photographer is required to fulfill only the contracted time based on session purchased (i.e.- Full session is one (1) full hour, Mini session is one (1) half hour, Micro Mini session is fifteen (15) minutes, etc.).
If client arrives late to the session:
Photographer will only shoot for the duration of the contracted session; Client understands this will also mean the minimum number of edited photos returned may be reduced; No refunds will be given and all monies will be forfeited for time lost by client; No reshoots will be given unless client pays for a new session, forfeiting all monies from current session. It is up to the discretion of the photographer to extend current shoot to time lost by client.
If photographer arrives late to the session:
Photographer's Default Option on the day of is to Extend the current shoot for the amount of time photographer was late upon arrival. Client may choose one of two other options if they are not available to stay later- 1.) Reschedule current shoot (without penalty) for a different date and time for that same calendar year and current shoot will not progress that day; or 2.) Continue current shoot only until contracted time for a 50% refund MINUS Non-Refundable Retainer fee. Client MUST email Shutter Chicks Photography the issue and their choice no later than 24 hours from that day's session in order to fulfill these options, otherwise there will be no penalty for Shutter Chicks Photography or the photographer(s) and session will be fulfilled as it was a contracted fulfilled session.
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. Session fee covers travel within 30 minutes from Mexico/Salt Lick Rd. in Saint Peters, MO. Any location outside of these limits will be subject to an additional charge of $10 for every 15 miles past the photographer's main location as part of the agreement.
Rescheduling/Cancellations
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 and at a maximum of one (1) time to reschedule by the end of that calendar year (or at photographers discretion). Should client fail to give 24 hours notice or reschedule more than one (1) time, the entire session fee or any monies that have been paid, client understands is forfeited and will not be refunded. Retainer fee will not be refunded for any reason, unless Photographer deems otherwise. Photographer reserves the right to reschedule at any time due to illness, weather, equipment malfunction, or other circumstances beyond their control, but will do their best to reschedule as early as possible.
To cancel a session, the client must notify Shutter Chicks Photography dba K Very Photography via email or phone call, along with a written notice sent via email for documentation. Cancellations via the client directly must be done more than two (2) calendar days prior to the Session Date. If the session is cancelled 60+ calendar days prior to Event Date, client will receive refund of all monies paid MINUS the non-refundable retainer, as well as any additional fees that may have been incurred. If Session is cancelled calendar days 3-59 prior to Session Date, for all monies paid towards the total Session Package (minus the non-refundable retainer fee), the client will receive a 50% refund of the total Session Package (minus the non-refundable retainer fee) to the original payment method. Should client fail to give at least two (2) calendar days notice, client understands the non-refundable retainer fee and all monies paid thus far are forfeited and will not be refunded or be able to be used for future services for any reason, except up to the Photographers sole discretion.
Re-shoots / Refunds
Re-shoots and refunds are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, personal physical issues, rude or disruptive clients and/or guests, cooperation of those within the session, or weather related issues, or by not following the recommendations of the photographer.
Archive
After twelve (12) 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. $200 fee will be applied if new thumb drives or gallery access are to be re-issued.
Payment
All payments are due in full prior to session beginning unless payment arrangements have been made with photographer. Orders will not be processed until payment in full is received. Client has up to 15 calendar days from date of session to submit final payment, if complete payment has not been made, pictures will be property of Shutter Chicks Photography dba K Very Photography and used or destroyed at their discretion. If client has arranged a payment plan, order will be completed/placed after the final payment has been received.
For payments from Third Parties (those who do not sign the contract):
Client understands that payments will only be accepted from the client (who signs the contract) or client understands Refunds (if given) will only be refunded to the client no matter the payee. Gift Certificates may be purchased for the client and given to them for payment of services. Reiteration: Refunds (if given) will only be refunded to the client who signs this contract.
For Gift Certificates:
The Gift Certificates are only valid until the last date of expiration. Once the certificate is past expiration, they will no longer be valid use as payment or partial payment towards any type of session and Client(s)/Payer understand(s) this forfeit of payment. Gift Certificates may only be used on one session unless the Photographer and/or Owner of Shutter Chicks Photography states otherwise in written approval.
Completion Schedule
The Client agrees that no part of the Package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital processing takes approximately 1-3 weeks. A digital proof album will be given to the Client no more than 90 (ninety) days after the date of session, in the form of an Online Photo Gallery, or other medium, assuming the (Outstanding) Balance has been paid.
Damage
Photographer is not responsible for the damage of portraits or thumb drives after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits and/or thumb drives prior to and upon receipt. Photographer is also not repsonsible for any issues related to the internet or the website used to deliver images.
Model Release
You hereby give to Shutter Chicks Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of yourself and/or your minor child(ren) in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade (unless contract box is chosen to not allow), and;
You hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Further, you attest that you are the parent or legal guardian of the child or children that may be listed and that you have full authority to consent and authorize Shutter Chicks Photography to use their likenesses and names.
Penalty Fees & Charges
There is a $35 charge for payments returned by the bank for any reason. There will be a $50 late payment fee for any payments that are not postmarked or delivered to the Photographer(s) by the required date.
Right of Withdrawal
The Photographer’s discovery of breach of any part of this contract could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned checks, or late payments are examples of contributing factors. Should the Photographer(s) initiate the withdrawal, all fees and retainers will be returned, excepting fair market value for all services/products already provided. In case of either withdrawal, $95 a half hour is billed for all photography services already provided, and $95 a half hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the Photographer(s) withdraw(s) -- the Client will not be billed for any services in excess of their retainers (except if retainer was in form of returned checks).
Liability
Photographer is not responsible for any injuries/deaths/unforeseen incidences inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person, their equipment, or their business.
The Photographer(s) take(s) the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the session, or reschedule the session for another date upon client's agreement.
Non-Guarantee
Although every possible care will be taken to produce photographs of the session, the Photographer(s) cannot place an unconditional guarantee on the above. The Photographer(s) will not be held responsible for any ruined photographs due to any other flashes; special effects lighting at the location (stobe lights, mirrored balls, DJ lighting, etc.) or any other ruined photographs due to any other cause in or outside of the Photographer’s control. Low light conditions will cause images to appear grainy and have low resolution.
Photographer(s) is/are not responsible for interference out of their control (background, light, cleanliness of area, objects such as signs or power lines, etc), but will do their best to capture images reducing the amount of these interferences. To attempt to remove interferences, see "Editing" regarding additional editing fees.
Copyright & Penalty
Shutter Chicks Photography retains all copyrights to all images created during client’s session. A print release will be included with thumb drive digital files and upon request with your online gallery to print portraits for personal use up to designated size. 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 Shutter Chicks 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.
If you receive photos from Shutter Chicks Photography, the non-watermarked photos are for your personal use only; the watermarked are for any public display: social media, contests, etc. You will not receive any unedited photos unless under discretion of Shutter Chicks Photography.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
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. The photographer reserves the right to cancel the session (and keep retainer).
*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 avoid eating or drinking blue, purple, green, red or orange food or drinks before session, as those colors tend to leave a stain on the face.
You further acknowledge that participation is voluntary and that neither you, the minor child, or minor children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other Company publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.
You hereby release Shutter Chicks Photography, its contractors, its employees and any third parties involved in the creation or publication of Company publications, from liability for any claims by you or any third party in connection with your participation or the participation of the minor children listed in the booking.