KMREYNOLDS GENERAL TERMS + CONDITIONS


I. SCOPE OF WORK:

This contract is for services and products related to a photography session to take place at the time and place agreed upon by The PHOTOGRAPHER and The CLIENT.

The PHOTOGRAPHER agrees to provide no fewer than the agreed upon number of images based on the standard package offerings below.


  • Micro-Mini Sessions & Headshot Sessions: 15 minute session, 5 retouched images, digital download
  • Mini-Session: 30 minute session, 10 retouched images, digital download
  • Standard Session: 45 minute session, 15 retouched images, digital download
  • Branding Session: 1 hour session, 20 retouched images, digital download
  • Commercial Session: Time and quantity of photos as agreed upon by both THE PHOTOGRAPHER and THE CLIENT, digital download, all reproduction rights to photos provided to THE CLIENT.


The PHOTOGRAPHER is not required to provide more than this number of images. The PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.


II. FEES:

In consideration for the photography services provided by The PHOTOGRAPHER, The CLIENT will pay the agreed upon fee as discussed in client specific correspondence. The CLIENT agrees to pay a non-refundable initial payment as required to The PHOTOGRAPHER upon confirmation of appointment time. The initial payment reserves The PHOTOGRAPHER’S time and includes any fees related to rental of the studio or location as secured by The PHOTOGRAPHER. This payment is not a retainer or deposit. The PHOTOGRAPHER agrees to not advertise the availability of this same time slot to any other potential clients. If The CLIENT cancels the session for any reason, refund of the initial payment is not guaranteed. The PHOTOGRAPHER has the discretionary option to transfer the initial payment to a future session but is not required to do so. The balance of payment for the session must be paid in full by the day of the session as detailed above.


III. WORK PRODUCT:

All photos delivered to The CLIENT are licensed for The CLIENT’S personal use only unless otherwise indicated.

Photos from the session will be delivered to The CLIENT via The PHOTOGRAPHER’S website in a digital image gallery within fifteen (15) days of the SESSION unless otherwise indicated. The addition of a la carte images may extend the return time of session.

Unless requested or specified by The CLIENT, it should be assumed that the digital image gallery is public. If The CLIENT prefers a private digital image gallery, The Photographer must be notified in writing.


IV. INDEMNIFICATION:

  • The CLIENT agrees to indemnify and hold harmless The PHOTORAPHER for any liability, damage, or loss related to technological failure, including loss of data.
  • The PHOTOGRAPHER and The CLIENT agree that The PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the session.
  • If The PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside her control, The CLIENT agrees to indemnify The PHOTORAPHER for any loss damages or liability; however The PHOTOGRAPHER will return in full all payments made by The CLIENT to The PHOTOGRAPHER in relation to this session.
  • The CLIENT understands and agrees that The PHOTOGRAPHER is not required to maintain copies of the photos from the session for more than sixty (60) days after the photos have been delivered to The CLIENT.
  • The CLIENT agrees to hold The PHOTOGRAPHER harmless for any personal injury which may occur as The CLIENT poses or works with The PHOTOGRAPHER.
  • The PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to the specific aesthetic preferences of The CLIENT.
  • The CLIENT is prohibited from altering final edited photos unless express written consent is provided by The Photographer. This includes but is not limited to the addition of filters or other graphic alterations to final images.
  • The PHOTOGRAPHER will under no circumstances release the RAW format images to The CLIENT.
  • The PHOTOGRAPHER will under no circumstances release unedited JPEG or TIF format images to The CLIENT.


V. DUTY OF THE CLIENT:

The CLIENT will obtain all permissions necessary for The PHOTOGRAPHER to photograph at the session. The PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. The CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to The PHOTOGRAPHER, or which prevent The PHOTOGRAPHER from photographing the event(s) is not the fault, liability or responsibility of The PHOTOGRAPHER.

If The PHOTOGRAPHER has previously agreed to secure the usage rights of a facility or property for the session, the initial payment from The CLIENT will also include any applicable usage fees imposed by the facility or property. Under no circumstance will this portion of the fee be refunded or transferred.


VI. EXCLUSIVE PHOTOGRAPHER:

The CLIENT agrees and understands that no other party other than The PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by The PHOTOGRAPHER. This slows down The PHOTOGRAPHER’S work and violates The PHOTOGRAPHER’S right to take pictures of the event. The CLIENT agrees to take responsibility for insisting that no person(s) get in the way of The PHOTOGRAPHER or take pictures in these situations. This includes the use of personal cell phone cameras or other photography devices.


VII. MODEL RELEASE:

The CLIENT grants permission to The PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use The CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, The PHOTOGRAPHER may use The CLIENT’S likeness or image on The PHOTOGRAPHER’S website or other advertising. The PHOTOGRAPHER may sell photos containing The CLIENT’S likeness to third parties.

The PHOTOGRAPHER retains copyright of the photographs, and hereby grants The Client unlimited but non-exclusive rights to use or reproduce the photos for which The Client pays.