This Agreement is between the photographer and you (person signing below). This contract is for services and products related to a photography shoot (hereafter “the shoot” or “session”) to take place at date, time and place selected above and confirmed by the photographer selected.
Client agrees to:
ARRIVE to True Blessings Studio 303 N Cedar or the designated located no sooner than 5 minutes before the scheduled time and exit the studio within 5 minutes of the end of the scheduled time.
UNDERSTAND that the session may be part of a full day of sessions for the photographer and other clients may be arriving before and after your scheduled time. Session end time will not be extended for clients who arrive late.
THE DETAILS THE SANTA EXPERIENCE (Total $99) Includes: One 10 minute, in studio PRIVATE session with SANTA CLAUSE and Kristy Kohman Photographer, an All NEW Santa Experience backdrop room set, professional editing, 2 people from same family photographed, a gift from Santa for each person photographed, one 5x7 high resolution professional print of your favorite pose (delivered within 2 weeks of your pose selection), online gallery, mobile app and the option to purchase additional professional prints. Images for viewing will be delivered via email within 14 days. Please note - No digital images are included. See Digital Image upgrade section if digitals are desired.
NON COMMERCIAL PRINT RELEASE - See COPYRIGHT section below. Client understands that this session does not include digital images or a print release. If client chooses to purchase the digital image upgrade He/She agrees that if HE/She has prints done at a place of their choosing the quality of prints may vary. It will be the responsibility of the client to research the place He/She chooses to print and photographer is not responsible for errors made in the ordering process including but not limited to unintentional cropping, color distortion, fading, size of print, ﬁnish, paper used etc.
USE only the wraps, props and set ups provided by photographer. We are very particular about cleanliness within the studio as we often times have newborn babies in studio for hours. Prior approval must be acquired by True Blessings Studio and your photographer if client wishes to bring outside props into the Studio
KEEP Photographer informed of any changes as they occur
PROVIDE (if requested) a completed questionnaire to photographer as soon as possible and to inform any guests/participants of the “Exclusive Photographer” agreement below.
EXCLUSIVE PHOTOGRAPHER/ELECTRONIC DEVICES: - No other party other than photographer may take pictures of any poses, lighting situations, or set-ups made by the photographer. This slows the photographer’s work and violates the photographer’s right to take pictures at the session/event(s). No cameras or recording devices may be used during the session.
GRANT PERMISSION: to photographer and its assigns, licensees, and sublicensees permission to use client’s image, or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, photographer may use client’s likeness and image on photographer’s website, social media or other advertising.
INDEMNIFICATION: Photographer is in no obligation to capture any speciﬁc moment, or pose, or person(s) during the session. If photographer is unable to perform the services in this contract for any cause outside its control, client agrees to indemnify photographer for any damage, loss, liability; however, photographer will return in full any payments made in relation to this session less any non-refundable initial payment. 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 any images from this session more than thirty (30) days after the images have been made available for viewing to client. The client releases any and all employees of True Blessings Studio, Kristy Kohman and/or Kristy Kohman Photography from all liabilities, claims and damages that may result from any accidents or incidents or personal injury that may have/could have been prevented which may occur as the client poses or works with photographer. Photographer will strive to present images in a workmanlike manner but is not required to cater to speciﬁc aesthetic preferences of client. True Blessings Studio, Kristy Kohman and/or Kristy Kohman Photography is/are not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for employees, their children and for themselves and release True Blessings Studio and the photographer from any claims against their person or their business.
PAY the fees for photography service, session or package as selected above. Payment by cash or check (made payable to the photographer) is preferred but may be made by Credit Card/Debit Card thru PayPal. True Blessings Studio and your photographer will not start any gallery retouching/editing on finalized images until all payments have been finalized. Full payment of your chosen package must be paid before or on the day of your session.
A NON-REFUNDABLE INITIAL PAYMENT of the total price is due at the time of booking. This payment reserves the photographer’s time and is not a retainer or a deposit.
CANCELLATION POLICY Client understands that by entering this agreement, the photographer is foregoing other income-producing opportunities. If client cancels the shoot for any reason, the initial payment will not be returned to client.
POSTPONEMENT POLICY: In the event of an illness or misadventure, please contact your photographer as soon as possible. The Studio phone number is 785-200-6289. Email is email@example.com A request for postponement/rebooking must be made no later than 72 hours prior to your scheduled session. True Blessings Studio and your photographer are under no obligation to reschedule should a request be made at any time. We will do our upmost to reschedule one time before requiring a new booking with a new non refundable payment. Because of the specific nature of this Santa Experience, additional days will not be available for a reschedule. If an alternate time is available on the same day, we will do our best to accomidate. No refunds will be made. However, you may sell your spot to another with the photographer's approval of purchaser.
True Blessings Studio and your Photographer maintains the right to reschedule at any time should it become necessary. However, we will do our upmost to negotiate a mutual acceptable rebooking.
RAW IMAGES: True Blessings Studio and your photographer do not deliver images that have not been edited to the highest professional standard and to the style of his/her portfolio. *YOU ARE NOT ALLOWED TO APPLY FILTERS/EDIT True Blessings Studio, Kristy Kohman, Kristy Kohman Photography PHOTOGRAPHS UNDER ANY CIRCUMSTANCES*
DIGITAL IMAGES: We strive to keep our digital galleries open and accessible to clients for up to 1 year so that you can come back and place print orders at your convenience. We do all we can to keep the gallery as long as possible. However, there is no guarantee on the length of time a gallery will be accessible. Please be sure to make your selections of images within 14 days (unless agreed otherwise). Your Photographer will provide you with assistance in choosing your images. Your photographer is not obligated to keep your gallery/digital images for longer than 30 days. It is extremely important that you select your images and download/save the images you have purchased within the 14 day time frame.
LATE FEE: of 2.5% of the total balance will accrue on all overdue balances and will be added to the balance every 30 days of delinquency.
RETURN CHECK FEE: In the event that a check is returned for any reason, a $35 return check fee will be charged. True Blessings Studio and your photographer reserve the right to refuse payment by check from any person(s)
COLLECTION FEE If it becomes necessary to turn account over for collection, it is agreed that client will pay all costs incurred for collection including any bank, legal and collection costs.
DELIVERY TIME: True Blessings Studio and your photographer agree to deliver the online proof gallery of your session for your viewing within 14 days of the session date. Depending on the time of year and the session load many of our galleries are delivered as quickly as 7 days after the session date, however 7 days is by no means a guarantee. Please know that your images are important to us and require many hours of detailed work to complete. If you require your images to be delivered sooner than 14 days from your session date, please discuss the "RUSH DELIVERY" option with your photographer. An additional fee may apply.
Model Release/Copyright: The Federal Copyright Act of 1976 protects photographs by copyright from the moment shutter opens/closes. Your Photographer retains the copyright on all images. This means that your photographer is the owner of the image, not you. Even though you, your family, your children, friends, pets may be the subject in the image, the photographer is the owner of the image. Even though you have/will pay for the photographer for his/her time to shoot the session, you do not own the image or the rights to the image. You may not crop, alter or edit any image in any way regardless of your reason or intent for doing so. If client disregards the copyright agreement or is found to have another make changes to the image for them, Client may be prosecuted to the full extent of the law.
Your photographer reserves the right to use the images for advertising, display, publication, social media, sale, financial gain and/or other purposes for our portfolio. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Digital files and previews remain the exclusive property of your photographer. Under no circumstances, can a client use these images for profit, commercial endeavors, professional display, or in competition. Copying, snap shotting, saving or scanning images from the clients gallery, True blessings Studio website, other website, or social media sites is considered stealing, regardless of the intent for use. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
SHARING: Sharing images and links on the web from its main source is highly acceptable and encouraged to show family and friends your beautiful images.
By signing this contract, you are agreeing not to copy, save, or reproduce images in anyway other than backing up your digital files. This includes copying and saving images from website, social media, or any form of advertisement.