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.
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