AGREEMENT TERMS & CONDITIONS PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee as outlined in this agreement or on Photographer's website, or communicated with Client through email, Facebook, text, or any other platform, with this contract being the final agreement. The total fee will include the amount specified as well as mileage and lodging (if applicable) as specified below. Acceptable forms of payment include etransfer: klicksbykimphoto@gmail.com, also 613.676.4473 or for local weddings, cash.
I ask for
-25% deposit 9 months before the wedding to reserve a wedding session date.
-25% deposit 6 months before the wedding.
-25% deposit 3 months before the wedding.
-25% (amount paid in full) before delivery of the digital photos
ADDITIONAL FEES AND INFORMATION:For photography sessions beyond 25 miles of the city limits of St-Eugene,Ontario, the Client may be responsible to pay mileage for the excess amount (roundtrip). This fee is listed above when applicable. For any wedding photography coverage shorter than 5 hours, Photographer and second shooter/assistant must be provided a meal and break time or allowed to leave the premises for a reasonable amount of time to find refreshments elsewhere.
Parking fees (if applicable) must be covered by Client.
LODGING: In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than an additional $100.00 to the Photographer at the time of the session, unless otherwise included in price. Photographer agrees to inform Client if lodging is included in the specified rate.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation, postponement, or "no show" of the portrait session/agreement by Client, the retainers paid are non-refundable. If the wedding is cancelled or the service is cancelled, and notice is not given by no later than 3 months prior to the date, the Photographer reserves the right to refuse a refund of any payments made, including retainer as mentioned above, as Photographer has lost the opportunity to book another wedding on the above said date.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the CEREMONY and other key events during the wedding because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. This is especially important during the ceremony and posed photos. In the event that this is violated by any party, whether or not the violator is connected to the Client, whether or not it was out of malicious intent, the Photographer is not to be held liable under any circumstances if phones, cameras, or other devices are visible in the provided images; nor will Photographer be held liable if shots are missed due to the presence of other individuals attempting to photograph any part of the wedding.
WEATHER/ACTS OF GOD: In the event of foul weather on the wedding day, Photographer will make every effort to capture all desired images. Photographer will not be held liable if images are missed, dark, grainy, etc due to rain, darkness, or other extreme weather. In the event of fire or other "acts of God" that cannot be controlled by any party, Photographer has the right to refuse to take any images if it may endanger equipment or persons.
RETOUCHING/EDITS: Standard retouching includes light blemish and stray hair removal, the removal of scars or heavy blemishes. Photographer has the right to refuse any requested edits to the images.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Klicks by Kim Photography/Kim Woodbury ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, and sales.The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. 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 releases all claims to profits that may arise from use of images.
RAW (unedited) images will never be distributed for any reason. 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 reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own from any lab of his or her choosing) their photographs with the consent of Photographer once in possession of the digital images. The RAW digital files remain sole property of Photographer and will never be given or sold. Photographer 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 for personal use: i) Display the images; ii) Print the images. whether from home or a print shop of client's choosing; iii) Upload, email, or electronically transfer the images or files; and, iv) Publish the images on personal websites or social media websites THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:- Applying for copyright registration or selling of any image or electronic files supplied by Photographer -Making derivitive works or otherwise modify, including editing and/or manipulating electronic files Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining digital images for personal use only, and shall not sell said images or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Cotton State Photography by Laura Weiss" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish images of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed before being delivered to client, within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, excepting the 25% nonrefundable retainer and any travel fees. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the wedding, Photographer will refund all payments, excepting the 25% nonrefundable retainer, and to make every effort to find a suitable replacement photographer. Photographer will not be held liable if a replacement cannot be found.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the online gallery. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short for any reason, Photographer shall still receive the total fees outlined in this Contract.
IMAGE STORAGE: Wedding galleries will be delivered within 3 weeks of the wedding day, with a small "sneak peek" delivered within one week. Weddings will remain on file for up to 3 months from the wedding date. The online album can be reinstated after those 3 months for an additional fee of $20 so long as the Photographer still has said images on file. Photographer stores images on an external hard drive for approximately 6 months to one year.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived. This constitutes an order for one wedding session with Cotton State Photography by Laura Weiss. The undersigned have read and understood the contract and agree to the terms and conditions in their entirety. Any violation of this agreement renders any potential refund under any circumstances whatsoever completely null and void.