Contract
This contract is subject to change without notice
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This contract is between the photographer and the Client as detailed below. Kristine E Photography, LLC by Kristine DuBois is referred to hereafter as “Photographer”. The Client agrees that He/She is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement, the Client assumes responsibility.
The Photographer is responsible for providing the Client a photographic service as detailed in the Agreement. The Client undertakes to engage the Photographer for this coverage for the price as detailed below:
Non-refundable retainer of $50.00 is required to reserve your session date and time. Final payment due by date of session. Payment by cash or check or credit card is expected before session begins. Any arrangements made with photographer for a payment plan must be paid in full before any images are released to you. Your session includes session time, a specific number of digitally enhanced images based on package purchased (noted above in session details) for download and print release. The link to your private gallery will be emailed to your email address within four (4) weeks of session date. Additional images are available for purchase. If you have not received your portraits within 4 weeks (or the discussed delivery time), please contact Kristine immediately to make certain your email has not bounced. Photographer is not responsible for bounced email delivery due to typographical error or otherwise. Prints/and or USB will be mailed or delivered within 4 weeks. Your images will be available for download through gallery for one month. Please back up your photos. Additional fee ($25) is required to re-open the gallery for download. Original files are stored for a maximum of one (1) year. When printing your photographs, I suggest professional consumer labs for best results. I only guarantee quality of prints when ordered directly through me. All of your portraits are available to purchase within the online gallery. You have to option to purchase prints through your gallery for up to one year. Please inquire. Processing time for print orders is within 1-2 weeks and will be shipped or hand-delivered. If your session includes a flash drive loaded with your images, it will be delivered within one week of final gallery delivery.
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Cancellation:
In the event of a termination or cancellation of this Agreement by Clients, the Clients agree that all retainers and fees already paid to the Photographer will not be refunded. Clients understand, acknowledge and agree that Photographer's services are in demand and that substantial effort, planning and reservation of time, as well as potential declining of other contracts and/or engagements, may and/or will result from entering into this agreement, and thus precise loss or damage from termination of the contract may not be ascertainable and/or predictable, and thus the deposit will not be refunded due to termination or cancellation of the event for any reason. No refund will be provided if the session is cancelled. Upon signature and receipt of the retainer, the Photographer reserves the time and date agreed upon for the session. Cancellations due to weather at the Photographer's discretion, will be rescheduled to a date and time that both Client and Photographer agree to. In the unlikely event that a cancellation has been repeated more than three times due to weather at Photographer's discretion, the Client can request a refund of retainer without rescheduling. Rescheduling due to anything other than illness on the clients end will require an additional non-refundable retainer to secure a new session date and time.
Digital Negatives, Prints and Copyrights: All images and copyrights are the property of Kristine E Photography, LLC by Kristine DuBois (“Photographer”). Photographer retains the exclusive right to copy, edit and distribute any/all images under this agreement to the public for any reason including, but not limited to: advertising, marketing, sales, competitions, education, and monetary gain. The mediums for display could include newspaper, magazines, books, television, and the internet—but are not only limited to those mediums. The Photographer retains these rights even if the 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 reproduced. This includes digital files to be reprinted, duplicated, digitally reproduced copies or altered digitally or otherwise without Photographers 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 the sole property of Photographer and will never be given or sold. You may not alter given images in any way including, but not limited to, cropping, using "filters", enhancing color, light, etc.
Print Release: Photographer (Kristine DuBois) 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:
Display images for personal use
Print the images for personal use
Upload, email, or electronically transfer the images or files for personal use
Publish the images on their personal social media websites
Model Release: Client grants 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 any member in which Client has included in photograph. The images may be included for editorial, trade, advertising, and other purposes in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby released Photographer and her legal representative 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 release all claims to profits that may arise from the use of images. Use of these images includes any and all social media platforms and website exposure.
Limit of Liability: We take the utmost care with respect to exposure, retouching, and transportation of digital captures, proofs, and prints. However, in the unlikely event that all the original files are lost, stolen, damaged, or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payment received or a re-shoot can be scheduled at no additional cost. The Client shall assist and cooperate with Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction. The Photographer shall not be responsible for photographs not taken because of the Client's failure to provide reasonable assistance or cooperation of all individuals in session.
CLIENTS UNDERSTAND AND ASSUMES ALL RISK, AND FURTHER AGREES TO WAIVE ANY AND ALL RIGHTS TO ANY CLAIMS, DEMANDS, CIVIL ACTIONS AND/OR LAWSUITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF ANY ALLEGATIONS OF NEGLIGENCE, BREACH, INFLICTION OF EMOTIONAL DISTRESS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ALLEGING MISSED OR LOST PHOTOGRAPHS AND/OR OPPORTUNITIES.
Under no circumstances will Photographer, its agents, contractors, staff, employees and/or third party associates be liable to Clients or any other persons or entities for any loss, damages, claims, injuries or any other claims. Clients hereby expressly and irrevocably waive and forever relinquish all rights to make any claims against Photographer, including but not limited as set forth in the preceding paragraph, and including but not limited to any and all claims arising from or related to lateness, accident, neglect, human error, loss of materials, damage to materials, damages from processing, camera malfunction, materials lost in the mail, fire, casualty or otherwise lost or damaged, acts of god, equipment problems or other failures. This waiver applies to Photographer's services and goods, including the Images. Clients shall be responsible for all costs and expenses incurred by Photographer, including but not limited to Photographer's attorneys’ fees, if any such claim is asserted, demand made, civil action instituted or lawsuit filed.
Photographer disclaims any and all liability to Clients; however, should any loss or damage be proven by Clients to have been sustained due to Photographer's gross negligence, recklessness and/or intentional act or omission, then the Photographer's liability is limited to the return of all payments received from the Client under this Agreement.
The undersigned has read and understood the contract and agrees to the terms and conditions in their entirety.
