AGREEMENT TERMS & CONDITIONS
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated and necessary to avoid additional fees. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
Retainer Fee: A Non-refundable retainer is due upon booking in order to reserve your session. This NON_REFUNDABLE retainer will be applied to your session total. All remaining Balances are Due at the time of your session. No part of any order, including proofs will be delivered until the balance is paid in full. This includes sneak peaks. Your time and date are not reserved until the retainer is received full and clear. Therefore, the retainer is non-refundable. if rescheduling is necessary, the retainer will be applied to the balance of the session if the date is rescheduled within 2 weeks of the original reserved date or if there is a family emergency or serious illness. Re-scheduling of the date due to bad weather may occur at the photographers' discretion only.* Non- refundable retainer of all sessions is 50% of the session total.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit. In the event that a deposit was not required for the session, a No Call No Show will result in a $25 fee that must be paid to the photographer within 3 days of the missed scheduled session. This fee will cover the time, travel, and expense of the photographer that was lost. A new session may be scheduled but at regular cost. The fee does not apply to a new or old session, and failur to pay will result in a court hearing, and then will require the additional court costs as well as the failure to call or appear fee. Cancelations must be made 48 hours in advance.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the all of the final results, Photographer will reshoot the session at no additional charge one time only. Client will not be able to retain the images from the first session. Client is then able to order prints from the second portrait session only. If the Client should be unsatisfied with the results of the second session, no refund will be made.The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of KickBack Photography, LLC, Photographer, Brandi Carroll. In exchange for servicesprovided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising,marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display couldinclude newspapers, magazines, books, television, and the internet, but are not limited to only thosemediums. The Photographer retains these rights even if image files are turned over to the Client. Client is not allowed to publish or sell images to publishers of any kind without written consent from the photographer.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "KickBack Photography, LLC" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants the Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
In regards to Boudoir Sessions, because of the intimate nature of the photographs, no images that contain nudity will be published. Any use of the Photographs by Photographer will be restricted to images that do not contain Client’s face. Photographer will not use any photos of the Client’s face without express permission from the Client.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to session. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
PRINT FEES: Prints are available either individually or in print packages. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full.
IMAGE STORAGE: Ordered images will remain on file for one year from the date of the portrait session. Unordered images will be purged after 30 days from the date of the first viewing.
Mini Sessions: All mini sessions are to be paid in full at the time of booking and are non-refundable. The session may or may not be able to be rescheuled due to the nature of the session. However if it is a special event that the photographer has going on it can be transfered to a mini family or individual session if a rescheduling due to the clients part is necessary. Rescheduling of the date due to bad weather may only occur at photographers discretion only.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with KickBack Photography, LLC Photographer Brandi Carroll
.INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.