Reservation & Retainer: Upon signature, Kelly Eileen Portraiture will reserve the date and time agreed upon, above and will not make other reservations for that date and time. For this reason, the reservation retainer of $150 of the total cost is non-refundable, even if the date is changed or the session canceled by THE CLIENT for any reason; including acts of God, fire, strike and/or extreme weather. The total session price is to be paid at the time of signing the contract. THE CLIENT understands and agrees that the entire amount owed for the session described in the contract is due on or before the date of the session. THE RETAINER IS NON-REFUNDABLE IN THE CASE OF CLIENT CANCELLATION. If photographer cancels due to an emergency, illness or lack of childcare, there will be one reschedule date allowed before a refund is given.
Payment & Prices: All Package costs are as stated at the time of booking & will remain once booking is confirmed. Should a remaining balance exist, payment will be due the day of your session. Failure to pay the final payment as scheduled will result in cancellation of this contract and forfeiture of retainer. Packages cannot be changed after booking. Upgrades can be made at the time of the session.
Penalty Fees & Charges: Portrait image processing will not start until 100% of the package is paid in full. An additional $50 fee will be added for payments not made by 14 days after the session date.
Cancellation & Refunds: In the event THE CLIENT cancels the contract services outlined in this contract, the retainer & all fees paid will be forfeited. There is no penalty to the client (i.e. the retainer will be transferred) if the session date is changed or cancelled before 24 hours of the agreed up session date. An additional date retainer will be required to book a new date unless otherwise discussed. If no new date is booked, the client forfeits all fees paid. There will be no refunds given once the session is executed regardless of image processing status. Should a refund occur, the balance of monies paid less the non-refundable retainer amount of $150 shall be refunded; however, refund amount is dependent on current invoice status, and extras paid (HMUA/outside contractors, location fees, etc.). For example, with a proper refund on a fully paid and itemized invoice the only amount to be refunded would be less non-refundable retainer and less any Photographer paid fees specific to your booked session.
Limit of Liability: In the unlikely event Kelly Eileen Portraiture cannot perform this Agreement in whole or in part due to an event or cause beyond the control of the parties, including but not limited to, a fire or other casualty, acts of God (nature or terror), or due to Photographers or photographers children's illness or injury, it may be necessary to reschedule a session or retain an alternative photographer. Kelly Eileen Portraiture will attempt to secure a replacement photographer to provide a similar package as chosen in this contract at the same tariff or will reschedule the session to the next available date. Kelly Eileen Portraiture is not required to give 24 hour notice, as some emergent situations arise that do not allow such notice. If such a situation should occur and a suitable replacement is not found, Kelly Eileen Portraiture will shoot your session at the next available date. The photographer is allowed one reschedule date, and if Photographer is not able to attend the reschedule date due to event or cause beyond the control of the parties, including but not limited to, a fire or other casualty, acts of God (nature or terror), or due to Photographers or photographers children's illness or injury, responsibility and liability is limited to the return of all payments received for the package and Kelly Eileen Portraiture shall have no further liability with respect to this agreement. In the unlikely event of damage, including partial loss or complete destruction, the liability of Kelly Eileen Portraiture will be limited to the refund of all money paid, or matching percentage of money paid if only a percentage of images are lost.
Weather Policy: In the event of weather conditions that are out of our control: If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client still proceeds with the session and it rains, is windy, or is overcast, therefore limiting the time and/or photos that were able to be taken, or the artistic style and quality of photos taken, the client will be charged for an additional session at the photographer’s regular rate to reschedule or shoot additional photos. Due to the cost of photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session either before or during the session. If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather; and the client decides to go ahead and reschedule, the client will not be charged to do so and all fees paid will transfer. The client will then be put on first alert for their session and able to have their session even on non-session days.
Digital Negatives, Prints, and Copyrights: The photographs, digital negatives or prints produced by Kelly Eileen Portraiture are protected by Copyright Law (all rights reserved) and therefore remain copyrighted by Kelly Eileen Portraiture. However, Kelly Eileen Portraiture gives THE CLIENT the right to print and reproduce images for personal use.
Schedule: Following the direction of Kelly Eileen Portraiture regarding the timing, location and other aspects of all photographs and portraits taken during the session and providing Kelly Eileen Portraiture with the appropriate amount of time for portraits is the responsibility of THE CLIENT. Kelly Eileen Portraiture is not liable for missed images, sub-par images or a decreased amount of session time or images due to lateness of THE CLIENT or their families, improper or unruly behavior, or uncooperative individuals.
Image Delivery: The client will receive high-resolution digital downloads within an online approximately 2 weeks after the session date.
Requested Photographs: Requested Photographs will be given effort to be taken. However, due to the creative nature of photography, Kelly Eileen Portraiture will not promise any particular shot(s).
Locations & Location Fees: If you have more than one location for your session, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time. If the client wants to do a session at a location that charges for access, the client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
Artistic Style: THE CLIENT acknowledges that it is familiar with Kelly Eileen Portraiture’s portfolio and is requesting services with knowledge of the Photographer’s style; that Kelly Eileen Portraiture’s work is constantly evolving; that Kelly Eileen Portraiture’s services are of unique and artistic nature; that the photos may be different from photographs taken by Kelly Eileen Portraiture in the past; and that in creating the photos, Kelly Eileen Portraiture shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from THE CLIENT’s and/or the Subject’s vision of the Event. Accordingly, THE CLIENT acknowledges that the Photos shall not be subject to rejection on the basis of taste or esthetic criteria.
Archival Responsibility: Upon receipt of the hi-resolution images THE CLIENT accepts all liability and responsibility regarding the archiving and preservation of the images. Kelly Eileen Portraiture is not responsible for archiving or providing replacement discs, files, or prints to THE CLIENT once the full resolution files have been provided to THE CLIENT. There will be absolutely not refunds of sessions after images are downloaded, due to the digital nature of the product. No exceptions.
Payments: THE CLIENT agrees that the total cost is required at the time of contract acceptance unless otherwise discussed with Photographer and 100% of the remaining balance is due the day of the session should a remaining balance occur.
Performance: The performance of this contract on behalf of Kelly Eileen Portraiture shall be contingent upon Acts of God, flood, fire, warfare, government laws and regulations, electrical failure, strikes by suppliers, mail delivery delays and lost packages, and/or conditions beyond Kelly Eileen Portraiture’s control.
Other Photographers: THE CLIENT agrees that Kelly Eileen Portraiture and their associate(s) will be the only photographer at contracted session, and no other photographs, amateur or otherwise, may be taken. If THE CLIENT or any members of THE CLIENTS family or any individual attending the session with THE CLIENT fail to comply and take amateur images during the session after a verbal warning, Kelly Eileen Portraiture shall have the right to end the session and leave with no refunds of retainer or session fee.
Failure to follow terms of contract: Failure to follow any of the items listed in this contract shall serve as a reason for Kelly Eileen Portraiture to cancel the request for photographic services and will cause forfeiture of the Reservation retainer. If Kelly Eileen Portraiture is negligent in providing these services all fees will be returned to the client but Kelly Eileen Portraiture is not required to pay anything beyond the fees paid by the client.
Severability: If any provision of this agreement is held to be invalid or unforeseeable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Amendments: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Kelly Eileen Portraiture at the time of acceptance of this contract shall be recognized as amendments to this contract.
Model Release: THE CLIENT(s) give Kelly Eileen Portraiture permission to use photos taken at the session and/or other sessions included in this contract, including photos with their likeness, in all forms and media for advertising, portfolio, website, blog, demo, altering without restrictions, and with other lawful purposes. THE CLIENT(s) understands they are entitled to no compensation, and release Kelly Eileen Portraiture all forms of claims and liability related to their photo usage.