I hereby grant Kelly Saxon Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child(ren) in which she may be included with others:
a) To copyright the same in the Photographer’s name or any other name that 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 any way of limitation) illustration, promotion and advertising
COPYRIGHT & REPRODUCTION
The photographer shall own the copyright to all images and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, blog, Facebook pages, and/or studio. It is understood that any alteration or commercial use by the Client is strictly prohibited without written permission of the Photographer.
A print release is included with digital files to print portraits for personal use. The print release does not allow publication of portraits (i.e. entering contests), selling or altering images without the Photographer’s written permission.
The photographer is not responsible for color or quality if printed with any other agency or company. To guareentee quaility, client must use Kelly Saxon Photography for printing.
Once client has put in an order for products, client has agreed to the photographs contents. No refunds or exchanges will be given after order has been placed and payment has been received.
All galleries will be discarded after 1 yr of session date and will no longer be available. All downloads and/or printing must be completed by this time. No refunds or reshoots will be given due to discarded galleries. It is the clients responsiblitily to purchase/print or download their images before this time.
RETAINER AND PAYMENT
A retainer of $150.00 for a portrait session is due at the time of booking to reserve the Client’s session.The retainer fee is non-refundable. Retainer (Non Refundbale Deposit) does not include any prints, products or digital images other than what has been clearly indicated to you in the confimation email and invoice. Retainer Fees are used to hold clients session date and time and will be applied toward your final session balance. Upon payment of retainer, the Photographer will reserve the time and date agreed upon by both parties. Prices are non-negotiable and only guaranteed once the retainer has been paid. The Photographer reserves the right to offer your session date to another client after 48-hours, if your retainer fee has not been paid in full. The remaining balance is due prior at your scheduled session. Retainer deposit must be paid via invoice upon booking session date and time. Exact cash or credit card can be used to pay for remaining balance at the time of the session.
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used, and the selection of images to be edited and delivered to the Client. No RAW or unedited images will be issued to clients for personal use. The Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed as correct.
Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the Client’s requests. The Photographer shall endeavour to photograph all individuals as requested by the Client at some point, but no responsibility will be taken by the Photographer on the occasion of leaving somebody out.
For Newborn/toddler Sessions only: If the Photographer is unable to perform the session due to baby or toddler's disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion
The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
LOCATION COSTS AND FEES
If there are any costs/fees associated with the location the Client has chosen for their session, 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 of Photographer’s home in Gig Harbor WA (98329). Any location outside of these limits may be subject to an additional travel fee of $.50 per extra mile. Client will be notified of any extra milage charge before session date.
CANCELLATIONS / POSTPONEMENT
The Client understands that by entering into this agreement, the Photographer is foregoing other photographic jobs. If an illness or situation prevents a photo session from taking place, the Client may reschedule their session at least 24-hours prior to the shoot without penalty. Deposits are non-refundable; deposits are transferable, if a date change is necessary. Should the Client fail to give 24-hours notice, or decide to completely cancel the shoot, the session fee is forfeited and will not be refunded. After 3 rescheduled sessions or cancelations, session fee is forfeited and another session fee will be required to schedule 4th session. Photographer reserves the right to reschedule due to their own illness, weather, equipment malfunction, or other circumstances beyond the Photographer’s control. If Photographer deems contagiouse due to illness, client will be notified at least 24 hrs prior to session. All preventative measures will be given to avoid exposure to any newborn and/or child from illness from the photographer. A full refund or reschedule will be available to client if this occurs.
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 recommendation of the photographer, or by dissatisfaction based solely on personal preference. The deposit is non-refundable; all money paid is non-refundable once the images have been downloaded. In the unlikely event that the finished product from a session is unusable due to technical problems, (camera failure or exposure problems), the Photographer will reshoot at no additional charge.
If the Client’s digital images are damaged or lost for any reason by the Photographer, only then will the retainer fee be refunded in full.
Client acknowledges that their participation is voluntary and will not receive any financial compensation of any type associated with the taking or publication if these images.
COOPERATION / NO SHOWS / TARDINESS
The Photographer is not responsible if the Client and/or key individuals who fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to the Photographer. If the Client and/or key individuals fail to appear to a scheduled portrait session, the Non Refundable deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 50% deposit.
Tardiness on the Client’s part may result in reduced shooting time, which may result in less images presented by the Photographer. The Photographer cannot guarantee a time extension on sessions and will not cut into the shooting time of another session to make up for lost time.
In the event of poor weather conditions it will be at the Photographer’s discretion to reschedule the photography session. The Photographer will contact the Client if necessary and the session will be rescheduled on an agreed date at the earliest date possible, with no additional charge. If the Client chooses to proceed with the scheduled session and rain, cold etc. limits the time and/or images that were able to be captured, the Client will be charged for an additional session at the Photographer’s regular session rate to reschedule or shoot additional photos.
LIMITATION OF LIABILITY
The Photographer takes the utmost care with respect to the exposure, retouching, and transportation of the Client’s digital images. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond the Photographer’s control, the 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 the originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that the Photographer is unable to perform due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer will make every effort to reschedule to the earliest possible date or a refund will be issued in full to client. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer a reshoot session will be scheduled. Photographer is not responsible for the damage of portraits or SD Cards after delivery to the Client, including damage caused during transit by mail. Client assumes all responsibility for the safety of all portraits upon receipt. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest.
The Photographer agrees to have session images completed and delivered digitally to client within 30 days from the day of the session. Rediteds, additional images and/or print orders may exceed the 30 day period. Additional $50.00 will be charged to client if a "rush edited" is requested.
Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. Please note that certain colors do not reproduce exactly in print. Prints made at different times, in different sizes, or printed from different print labs may be variable in color balance. Color and quality is only guaranteed from selected printing lab of Kelly Saxon Photography.
Due to the limitations or computer monitors it is understood that the images may appear differently according to the specification of each monitor and prints will not necessarily match the images rendered on any particular computer monitor.
Kelly Saxon Photography monitor is specially calibrated to their specific printing lab.
CHANGES TO THIS AGREEMENT
All tentative schedueled session will be canceled if this agreement is not agreed to by client. Kelly Saxon Photography reserves the right to refuse service to anyone.
I have read and agree to all the contract terms above. I declare that I have legal authority to grant these permissions for all subjects involved in the photo session and accept all responsibilities for such.