Candid Moments by Kodie Terms & Conditions
(These terms & conditions are suitable for Maternity, Headshots, Family, Engagement, Wedding and any other Photo Session)
This agreement is between (Candid Moments by Kodie (hereafter "Photographer" *"the Photographer or *Photography Company") and you, _____________________ (hereafter referred to as *CLIENT").
***CLIENT AGREES TO ALL POLICIES STATED IN THESE TERMS & CONDITIONS BY CONTINUING TO THE BOOKING PAGE AND COMPLETING PAYMENT***
SCOPE OF WORK: This contract is for services and products related to a photography shoot [hereafter "shoot" or "the shoot") to take place at the following time and place. Photographer and client are to arrive for the shoot at location where photography services will be performed. Photographer agrees to provide no fewer than 20 photos to client after the shoot, and is not required to provide more than this number of images. Photographer will perform basic post-processing or digital image editing services on these photos where artistically necessary.
FEES & PAYMENT: In consideration for the photography services provided by photographer, Client agrees to pay a 25% Retainer at booking for Photo Sessions or Weddings. The Client shall make a nonrefundable payment to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for client. Payment will be processed through the booking website. IF client is required to purchase photos separately after the shoot, payment for those photos is due immediately upon ordering. SALES ON PRINTED WORKS ARE FINAL! TRIPLE CHECK BEFORE ORDERING!
CANCELATION: If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, the payment shall be applied to a mutually agreed upon reschedule date. If Client cancels this agreement 6 or less calendar days before the session date, or fails to show, the payment shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the shoot or fails to attend the shoot for any reason, the Photographer shall suffer losses that are difficult to ascertain.
RESCHEDULING/ LATE ARRIVALS: In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given all least 7 days prior to the schedule -ent. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
WORK PRODUCT: Photographer will deliver proofs of photos to client no more than thirty days (30 days) after the date of the shoot. If the photographer shall not hear from the client within seven days after submission of the work, the work shall be considered accepted with no further changes permitted. Client understands and agrees that proofs are the exclusive property of Photographer and Client has no right to these photos except for a license to review them, but not store the proofs. Photographer agrees to license photos to Client from the Shoot. All photos delivered to Client are licensed for Client’s personal use only. Photos from the Shoot to be delivered to the client will be according to the following order. The proofs that are included in the agreed upon package, they may be used or printed wherever for clients personal use just not for advertising purposes without consent of photographer.
CREATIVE LICENSE: It is agreed that following booking, you grant the photographer sole license to best enable your requirements to be met without further redress to us. You should be aware that whilst we endeavor to accommodate all requests, we are unable to guarantee compliance due to circumstances beyond our control such as - but not restricted to - inclement weather, availability/willingness of any requested personnel, and/or any occurrence(s) which may adversely affect the portfolio.
VIEWING, COPYRIGHT & REPRODUCTION: High resolution images are provided in electronic format. Limited reproduction rights and RAW album may be purchased outright by the client for an additional fee. If RAW album is given to client, client has 7 days to download or comment on album for edits before album is removed. You may not therefore copy or reproduce - nor allow to be copied or reproduced - any image(s) by any means whatsoever unless purchased. **Unlimited reproduction rights are granted for either personal or non:profit use only, reproduction for either profit or commercial use is strictly prohibited under this agreement. Additionally, as copyright owners, we reserve the right to reproduce any images taken for promotional/publicity purposes without recourse to the client. (Client agrees to let the photographer edit all photos. Any outside editing is considered theft. Any use of these photos other than personal use by the client is considered theft. Any unauthorized removal of watermark is considered theft. This will result in a fine)
ADDITIONAL EDITING: Standard retouching includes lighting, Sky Enhancements, Smoothing, Cropping people out of the background and Aligning Horizons. Complex retouching includes such changes as the removal of scars or heavy blemishes, Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone. Complex retouching also includes suntan lines or sunburn removal as well as fine line or heavy wrinkle removal, Making Client Skinny or Cropping people in one photo into another photo. Photographer has the right to refuse any requested edits to the images as these images are edited to her artistic discretion. Additional complex editing may be added on for an additional fee of $20 per image.
CLIENT PARTICIPATION: The Client shall assist and cooperate with the 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; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide information, reasonable assistance, or cooperation. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots.
INDEMNIFICATION: Client shall indemnify and hold harmless Photographer from any loss, damage or liability resulting from Client’s violation of the terms of this Agreement or any agreement involving Client and the Photographer. Client shall indemnify Photographer and hold her harmless from and against any claim by any other person or entity resulting from the performance of his services under this agreement. If Photographer is unable to perform the services in this contract due to any cause outside its control, Client agrees to indemnify photographer for any loss damage or liability. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss. Client understands and agrees that Photographer is not required to maintain copies of the photos from this shoot one year after the photos have been delivered to Client. Client agrees to hold Photographer harmless for any personal injury which may occur.
***CLIENT AGREES TO ALL POLICIES STATED IN THESE TERMS AND CONDITIONS BY CONTINUING TO THE BOOKING PAGE AND COMPLETING PAYMENT***