This agreement is between the Client, whose name and address is listed above, and Ki Photography
1. Contract Summary: This agreement for photography services (“Agreement”) is entered into by and between Ki Photography (“Photographer”) and clients named above (“Client”), collectively referred to as (“Parties”).
2. Payment: Payment must be made on your session day. Payment can be made with a combination of cash, cheque Payable to Ki Photography, or e transfer (itskiphotos@gmail.com) No images or products shall be provided before payment is made is full.
3. Capture, Delivery, Post Production & Editing:
3.1 If the subjects are uncooperative, the photographer shall not be responsible for the outcome of the images. The client agrees to "cheerful cooperate" during the photo session. It's important for the client to prep their Newborns/kids for the session beforehand, which means, talking about it and getting them excited, offering bribes, etc.
3.2 The Photographer is not liable to deliver every image taken at the session. The determination of images delivered to the Client is left to the discretion of the Photographer. The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer based on her style and the available lighting.
3.3 The Proofing Gallery will be available within 2 weeks. The Photographer does not provide raw and unedited images.
4. Copyright: It is understood that the Photographer owns and retains the copyright to all of the digital images. Upon receipt of final payment and delivery of images, the client is granted a license to use the digital images for their own non-commercial purposes such as printing, electronic messaging, exchange with friends and relatives, or display on the Internet; however, the images may not be edited or altered in any way.
5. Digital Files: Upon receipt of the digital photos, the client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files.
6. Limitation of Liability: Photographer’s entire liability for any claim, loss, damage, or injury arising under or relating to this agreement is limited to the fees paid by client for the services. In no event shall photographer be liable for special, incidental, consequential, or punitive damages, even if the client informs the photographer of circumstances that would give rise to such damages.
7. No Refunds / Non-Negotiable Services
The Client expressly agrees and acknowledges that:
7.1 All services rendered by the Photographer are provided “as is”.
7.2 Payments made for services are final and non-refundable under all circumstances.
7.3 The terms of this Agreement are non-negotiable.
8.By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren), family members, and I may be exposed to or infected by COVID-19 by agreeing to receive photography services and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I understand that the risk of becoming exposed to or infected by COVID-19 during the session may result from the actions, omissions, or negligence of myself and The Photographer.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), other family members, or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my family members, or my child(ren) may experience or incur in connection with us during the session. On my behalf, and on behalf of m family members and my children, I hereby release, covenant not to sue, discharge, and hold harmless The Photographer, and from Claims, including all liabilities, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Photographer, whether a COVID-19 infection occurs before, during, or after the session.