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SK
07786-423415 ~ 01302-351206Doncaster • UKKelly Shaw
Photography

Client Contract

CLIENT CONTRACT

AGREEMENT TERMS & CONDITIONS

PAYMENT ARRANGEMENT: Payment of the booking fee and a signed copy of this agreement are required to reserve a portrait session date.

SESSION IMAGES: Final images will be ready within 3 weeks of the session date. The client will then be invited to a viewing at the studio. The 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 standard.

CANCELLATION/POSTPONEMENT: The Client understands that by entering into this agreement, the Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by the client the booking fee is non refundable. Booking fees are transferable if a date change is necessary. 48 hours notice of postponement or cancellation is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and Client will reschedule on an agreed date at the earliest date possible with no additional charge.

COOPERATION/NO SHOWS: The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to the Photographer. The Photographers camera is the only camera allowed at the photo session because of the distraction it causes,
especially to small children, which hinders the Photographer’s ability to obtain quality shots. If the Client and/or key individuals fail to appear to a scheduled portrait session the booking fee is non refundable.

DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Kelly Shaw Photography (“Photographer”) in exchange for services provided. The 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 the image files are turned over to the client.

All photos created by the Photographer are copyright protected. It is a violation of federal copyright law to scan or copy or allow photographs created by the photographer to be re-printed, duplicated, digitally reproduced, copied, scanned or altered digitally or otherwise without the Photographers express written permission. The Client may print (on their own) their personal photographs with the written consent of the Photographer only once in possession of the digital images. The negatives/digital files remain the sole property of the Photographer and will never be given or sold.

The 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.

1. Display the images .
2. Print the images.

3. Upload, email or electronically transfer the images of files
4. Publish the images on personal websites or social media websites.

CLIENT’S USAGE: The Client is obtaining prints for personal use only and shall not sell the said prints or authorise any reproductions by parties other than the Photographer. Guidelines for personal usage are contained within the print release form provided when the final prints or files are delivered. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from the Photographer. A credit line which reads “Kelly Shaw Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.

LIMIT OF LIABILITY: I take the utmost care with respect to the exposure and retouching of digital captures. However, in the unlikely event that all the originals are lost, stole, 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 re-shoot can be scheduled at no additional cost. The limited of liability for partial loss or damage 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 injured or become too ill to attend the portrait session. The Photographer will make every effort to re-schedule to the earliest possible date. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, 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.

IMAGE STORAGE: Final images will remain on file for one year from the date of the portrait session. Final images made available for download from Kelly Shaw Photography will be available for 7 days from the date they are posted.

RETOUCHING,CONVERSIONS AND DIGITAL FILES: Standard retouching is included in the session fee. Standard retouching includes light blemish, bruises and scratch removal. lessening of scars or mild acne. Skin may be smoothed to look soft. Not included is complex retouching, hair colour changes or adjustments, extreme scarring, laughter lines, nail colour/filing and body shaping. Please enquire for costs on complex retouching. The Photographer has the right to refuse any requested edits to the images.

INDEPENDENT CONTRACTOR: The contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

ENTIRE AGREEMENT: This agreement contains the entire understanding between the Photographer and Client. It supersedes all prior agreements between 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 Shaw Photography.

The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.

If you would prefer a copy of this contract sent to your mobile device use this link: 

LINK TO BE INSERTED HERE

from your mobile device.

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Model Release

 

For Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service.

 

I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer or Assigns for descriptive purposes.

 

I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country from the following list that is nearest to the address of the Model (or Parent*) given opposite: USA, Canada, England, Australia and New Zealand.

 

It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfil this purpose, including by being shared with sub-licensees / assignees of the Photographer and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

 

Definitions: “ASSIGNS” means a person or any company to whom the Photographer has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means £1 or something else of value I have received in exchange for the rights granted by me in this release. “CONTENT” means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. “MODEL” means me and includes my appearance, likeness and voice. “PARENT” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “PHOTOGRAPHER ” means photographer, illustrator, or any other person or entity photographing or recording me. “SHOOT” means the

photographic, film or recording session described in this form.

 

 

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SK

Kelly Shaw

Photography

captures maternity, newborn,

children + families.

DONCASTER, UK

Follow @kellyshawphotography

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