Terms & Conditions Agreement

This agreement is between Karen Grow Photography, hereinafter referred to as the "Photographer", operating in the State of Photographer Operating State, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.

 
The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.

Overview: This agreement contains the entire understanding between the Photographer and the Client as an order for intimate portraiture services. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

 

 1. PAYMENT TERMS & OTHER FEES

1a.) This contract shall not become effective until it is signed by the Clients and retainer fee has been paid. The retainer fee is 50% of the total session. No date is reserved until a retainer is received. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before the day of the event. If final payment is not received, the Photographer will not be expected to attend said event.

1b.) The remaining balance is due no later than 24 hours prior to session date and time. The session fee covers the time and talent of the photographer, basic retouching and creative editing of images as determined by the photographer, and images to be stored for agreed amount of time.

1c.) The Client is responsible for all location fees and permits. The photographer will not guarantee or arrange payment on any location; this includes but not limited to any entrance fee or parking fee. Session fee covers local travel within Coeur D'Alene, ID. Any location outside of these limits will be subject to an additional charge (driving distance will be based on IRS standard mileage rate; flights, hotels, etc prices may vary).

1d.) There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.

 

2. RESCHEDULING/CANCELLATION/TARDINESS

2a.) If any illness or unforeseen event prevents a photo session from taking place, client may reschedule their session at least 48 hours prior to their shoot without penalty. Should the client fail to provide a 48 hour notice or decide to completely cancel the shoot, the option to reschedule is void, the retainer fee is forfeited and will not be refunded in order to offset its loss of business. 

2b.) Photographer reserves the right to reschedule due to illness, inclement weather, equiptment malfunction, or other circumstances beyond their control. If photographer is unable to perform the services in this contract due to any cause outside photogtapher's control, client agrees to indemnify photographer for any loss, damage, or liability; however photographer will return in full all payments made by client to photographer in relation to this shoot

2c.) If the client is late, the photographer will work for the remainder of the allotted session timeframe. You will not be given any additional time to your session. Tardiness will not affect any payments made by client to photographer. 

2d.) Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, weather related issues, by not following the recommendations of the photographer, or any other issues out of photographer's control.

 

3. WORK PRODUCT/DELIVERABLES

 3a.) Photographer will deliver final product of agreed amount of retouched digital images no more than thirty days (30 days) after the date of the shoot.

3b.) Photographer and client agree that photographer will make great efforts but is under no obligation to capture any specific moment or pose. Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of client.

3c.) Images are edited at the Photographer's discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards. The Photographer does not provide additional photography sessions in the event the client is dissatisfied with her/his appearance in the final images.

 

4. ARCHIVE

4a.) Client understands and agrees that photogtapher is not required to maintain copies of the photos from this session sixty days (60 days) after the photos have been delivered to client including online gallery. After sixty days (60 days), all images will be purged from the photographer's hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer's sole discretion.

4b.) Photographer is not responsible for loss or damage to digital files due to circumstances beyond the photographer's control or once released. Client agrees to indemnify and hold harmless photographer for any liability, damage, or loss related to technological failure, including data loss. 

 

5. BOUDOIR

1a.) This is a boudoir session, which means the Photographer will photograph the client in lingerie and possibly the nude. Due to adjusting hair or directing the client to pose, the Photographer may have limited contact with the client. Sexual activity is prohibited during the session. If any type of sexual activity occurs, the Photographer has the right to end the session and forgo any future opportunities for rescheduling. The client must be 18 years of age or older to participate in this boudoir session. An official government ID will be required upon booking. 

 

6. MODEL RELEASE

6a.) Client grants permission Karen Grow Photography the irrevocable right and permission with respect to the photographer that she has taken of client and party involved (including spouse, child, etc.)

6b.) Client grants photographer to use, re-use, publish and re-publish the same in whole or in part, seperately or in conjunction with other photographers, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising, trade, sell photos likeness to third parties, etc.

6c.) Client hereby releases and discharges photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

 

7. LIABILITY/SAFETY

7a.) Photographer is not responsible for any injuries upon any participating parties. Client(s) will be responsible for their children and themselves and release photographer from any claims against their person or their business.

7b.) Client agrees to hold photographer harmless for any personal injury which may occur as the client poses or works with photographer.

7c.) Photographer reserve the right to terminate coverage and leave the location of the event/shoot if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event/shoot; or in the event that the safety of the photographer is in question.

COVID-19:

7d.) I (and anyone involved in session) have not have traveled internationally/out of state in the past 14 days of session date, not traveled to a highly impacted area within the United States in the past 14 days of session date.

7e.) I (and anyone involved in session) not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19 or have not been diagnosed with COVID-19 and not yet cleared as noncontagious by state or local public health authorities.

7f.) I (and anyone involved in session) aware that I must follow the safety and hygiene protocols that have been implemented by CDC, Federal, and the State government.

7g.) I (and anyone involved in session) am not experiencing any symptoms of illness such as a fever, cough, or shortness of breath. If I develop these symptoms, I agree that I will cancel my shift before arriving to my scheduled shift.

7h.) I (and anyone involved in session) that it is my own decision to remove my face shield or face mask during my session and accepting all risks that may come with doing so.

7i.) I (and anyone involved in session) agree that if I am exposed to or contact COVID-19 within the timeframe of the session that Karen Grow Photography is not liable for the cause of it or responsible for any medical expenses that may follow which include but not limited to vaccinations, treatment, etc. 

8. COPYRIGHT & PENALTY

 8a.) Client understands and agrees the Photographer is and will remain the sole and exclusive owner of all right, title, and interests of all the photos and copies of the photos. 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. Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the "images") created by the Photographer and/or subcontractor(s) remain the property of the Photographer.

8b.) Client is prohibited to use photos in unlawful manner (pornography/defamation/etc.); standalone file use to be downloaded, extracted or redistributed by others; use in trademark or logo; products for resale where photos are the primary value; alteration to the photos (including cropping, editing, filters, etc. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Karen Grow Photography during client's photo session.It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.

Note from photographer: I am passionate to create an image that reflects you and involved party, while keeping in line with my artistic vision and creativity. I understand wanting to share your photos with family and friends, however, I ask that you simply link back to my page (Facebook, Instagram, Blog, etc.)

 

9. PRINT RELEASE

Digital files to print portraits for personal use up to designated size. The print release does not allow publication of your portraits (i.e. entering in contests, commercial gain, etc.), selling or altering of your images (including filters, presets, etc.) without the photographer's written permission.