Notification of Changes: The Photographer must be notified immediately of any changes in schedule, location, or participants. Notification of changes must be made by email, and a confirmation will be sent by Photographer. The Photographer will try his or her best to make contact with the Client during the week prior to the photography session, but it is the Client’s responsibility to confirm session details.
Add On Services, Orders, or Upgrades: Anything not listed in the collection description on your invoice is not included in the collection price. No product is included unless otherwise noted. If any services, orders, or upgrades are needed after this contract is signed, the modification must be in writing and signed by all parties, and the Client will be assessed additional fees for the requested additional services, orders, or upgrades.
Deposit & Session Payment
A NON-REFUNDABLE DEPOSIT is required to reserve your session date and time. Product purchases (prints, canvases, albums, and digital files) must be paid in full at the time of ordering session. There are NO REFUNDS on any payments, whatsoever.
Cancellation: Client will not be penalized in the case of cancellation of a regular session, and is allowed one (1) re-schedule. Any payments made will be applied toward a re-scheduled session. Cancellation must be in writing, even if a phone call was made to inform the Photographer of the cancellation.
**In the case of a mini-session, a Client canceling within 14 days prior to session date, will forfeit their session fee due to the probability that the Photographer will not be able to further book the mini-session slot.
Cooperation: Client agrees to cheerful cooperation and communication leading up to and at the mini session. The Photographer does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during the mini session. In the event that Client asks the Photographer to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, the Photographer shall not be liable for images not taken that would normally have been taken during that time.
Artistic Style: On Client's own behalf, and on behalf of the subject(s): Client acknowledges that the Photographer requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that the Client is familiar with the Photographer’s portfolio and is requesting services with knowledge of the Photographer’s style; that the Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, and which the vision may be different from the Client's and/or the Subject’s vision of the session. Accordingly, the Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
Culling & Editing: After the session, each image is put through a careful selection process, where the Photographer selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images may be removed permanently, immediately after the Photographer completes this culling process. Client acknowledges that the Photographer retains complete control over the culling and editing process. The Photographer color corrects and edits all delivered images. The Photographer also retains complete control over which images are delivered in color and which images are delivered in black and white. Extensive retouching is subject to additional charges.
Additional Images/RAW Images: The Studio does not guarantee a minimum number of images in the Client's final portfolio. Under no circumstance will the Photographer release RAW images to the Client. The Photographer selects the best representation of the images taken at the associated sessions for the Client portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to the Client.
Archival of Images: The Photographer may delete all RAW images upon delivery of the final product or digital files to Client. Once the Photographer delivers the final JPEGs to the Client, Client accepts all responsibility for archiving and protecting their images. The Photographer does not guarantee permanent archiving of image files.
Weather Policy: In the event of inclement weather (including, but not limited to: rain, wind, snow, ice, and lightning), Photographer will contact the Client as soon as possible, to cancel and re-schedule the photography session.
Copyright & Print Release: Title (possession) of and copyright to all products and images shall remain with the Photographer. The negatives and/or digital images created by the Photographer remain the property of the Photographer. Photographer grants to Client the usage rights for all digital images received from each individual's session. This includes posting of images on client's website. Client may not sell the images in either digital or print form. The client understands that posting of images on the internet must be acknowledged as images by the Photographer, with link to her website, www.karenstonephoto.com
Model Release: On Client's own behalf, and on behalf of the subject(s): Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. Client represents and warrants that he or she is at least 18 years of age, and has the full legal capacity to execute this release on his or her own behalf, and on behalf of the other subjects.
Limit of Liability: The Photographer represents that reasonable care is taken with respect to capturing, developing, processing, storing, and delivery of Client's images. However, if the Photographer cannot perform this Agreement for any reason, due to personal circumstances, or circumstances out of her control, then the Photographer's liability shall be limited to a refund of all payments made by Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that the Client requested or that were discussed, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client, and the Studio shall not be liable for the same.
Limited Reproduction and Print Release for Personal Use: The Photographer grants the Client a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying and purchased copyrighted digital images ("Media"), according to the following terms:
COPYRIGHT AND OWNERSHIP: The Photographer retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
WARRANTIES; AS IS: There are no warranties associated with the copyrighted digital images, express or implied. The Media are provided "as is".
LOSS: The Photographer is not responsible for the loss of your digital images once they have been delivered. It is your responsibility to back up your images upon receipt.
THIRD PARTY CLAIMS: Neither the Photographer nor our outside vendors will be liable for any third party claims or incidental, consequential, or other damages arising out of this license or buyer's use of the Media.
PERSONAL WEB USE: The Photographer permits clients to post the copyrighted digital images for personal use on social media ONLY IF credit is given to the Photographer, and a link is provided back to either karenstonephoto.com, or the Photographer's corresponding social media business page. The copyrighted digital images may not be posted on business social media pages without the express written consent of the Photographer.
PERSONAL PRINT USE: The Photographer permits Clients to print the copyrighted digital images for personal use, at high quality professional print labs, and may not be held liable for poor print quality from any print labs.
ALTERATION OF DIGITAL IMAGES: The alteration of the digital images through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited, and is considered a copyright violation under Federal Copyright Law. Cropping is allowed when it does not crop out important details or features, and may be done in instances where proportions are different than the original image (i.e., cropping an 8x12 to an 8x10). Extensive cropping of people, faces, important details and features is not allowed.
OTHER TERMS: Any other utilization or reproduction is specifically prohibited without the express written consent of the Photographer. Nothing contained herein shall be deemed a release of the Photographer's copyright on any of the digital images.
WHAT YOU MAY DO WITH PURCHASED DIGITAL IMAGES:
- Display on personal websites, personal social media, and personal devices such as computers, phones, and tablets.
- Print at professional print labs.
- Use the Media in advertising
- Incorporate the Media into trademarks, logos, or service marks
WHAT YOU MAY NOT DO WITH PURCHASED DIGITAL IMAGES:
- Resell, re-license, sub-license, or redistribute without express written permission from The Studio.
- Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from the Photographer.
- Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner.
ENTIRE AGREEMENT: This document contains the entire agreement and full understanding between the Photographer and Client. It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.
MISCELLANEOUS TERMS:
- Failure by the Photographer to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement.
- The agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.
- Any such suit shall be filed in Knox County, Tennessee.
- No party may assign this contract without all other parties’ written permission.
- If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect.
- If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.
Returned Checks & Other Client Responsibilities
Returned checks are subject to a $50 returned check fee.
Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of these terms becomes necessary. All legal action shall be taken appropriately.
