AGREEMENT TERMS & CONDITIONS
Session Fees: Client agrees to pay the photographer a €50 retainer fee at the time of booking to secure their appointed date and time. This is a non-refundable retainer fee that goes towards your session. The session fee covers the time and talent of the photographer, basic retouching and creative editing of images, as determined by the photographer. Additional editing is available at an additional expense to be determined by the photographer if requested. Additional prints, products and digital images may be available for purchase.
Client will then receive access to a private online photo viewing gallery or an inhouse viewing. Depending on package options, images may be available for high resolution download with print release. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
Location Costs & Fees: In the event that a requested location has any costs/fees associated, you, the client, will be responsible for those fees
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, retainer fees are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. 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. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
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 retainer is non-refundable. The session can be rescheduled at the original portrait session fee.
In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Re-shoots are determined at the discretion of the photographer. Re-shoots will not be offered for poor choices in clothing, make-up, hair, weather related and behavioural issues or events that are beyond Photographer’s control.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT:
All images and copyrights are the property of Kelly Photography Mullingar. In exchange for services provided, 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 could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
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 media without the Photographer’s permission.
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.
Client grants to 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.
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.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against the person and their business.
Client is aware that colour dyes and inks in prints may fade or discolour 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 delivery of the proof book. 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.
Ordered images will remain on file for one year from the date of the portrait session.
Payments: All payments are due in full unless payment arrangements have been made. Edits and orders will not be
- No cameras/camcorders/any type of recording device (this includes cell phones) are allowed during the session.
- Sessions start at agreed upon time. In the event of a delay, please notify the photographer. Arriving late will cut into your contracted session time.
- Please do not bring children who are not being photographed to the session.
- Please avoid snacks that stain teeth and clothing.
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
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 Kelly Photography Mullingar.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.