SESSION AGREEMENT

 

Payment - Venmo or Zelle

 

  

AGREEMENT TERMS & CONDITIONS

CANCELLATION / RESCHEDULE POLICE -

Due to the nature of all products and services, deposits and session fees are non-refundable. Clients are allowed ONE rescheduling due to illness or schedule conflict. The session must be rescheduled within a period of up to 2 months. If you wish to reschedule your session, please notify us within 72 hours of your session time to schedule a new date.

A grace period of 20 minutes will be given with proper communication.

Clients that are more than 15 minutes late the session will be cancelled, the deposit amount will not be refunded and if you wish to reschedule, a new deposit of 50% of the contracted session will be required.

- PAYMENT -

50% Booking fee is required to reserve and confirm your booking.

Non-refundable.

After choosing your photos, you will receive an e-mail with the cost of the session + extra photos, if applicable.
The editing process will not start until full payment is received.

- PROOF GALLERY -

 

Up to seven (7) days after your session you will receive an email with your Online Proof Gallery.
The link for the Online Proof Gallery will expire in fifteen (15) days. If you miss the fifteen days, a $100 (one hundred dollars) fee will be charged to reactivate the gallery for fifteen (15)more days. The system will allow us to reactivate the Proof Gallery only twice.
This gallery will contain the best images from your session. The images will be unedited, in low resolution and watermarked.
At this point, you will be able to select your favorite photos.
You can choose the number of images included in your package or purchase extra Edited Digital Photos:

Extra Edited Digital Photos:
0 to 10 photos: $35 each
11 to 20 photos: $30 each
21 to 30 photos: $25 each
31 to 40 photos: $20 each
41 or more: $15 each

 

- SESSION IMAGES -

 

Our ultimate goal is to create memories for you. We will do our very best to capture smiles and beautiful poses. However, no specific poses and smiling images are guaranteed. 

In case of any delays to arrive at the photo session, the client needs to inform in advance. Your delay will be calculated and taken out of your total session time if no notice is given.

If the delay is on the photographer's part, she will add the time to your shooting accordingly.

The photographer will send you a link in up to seven (7) days after the photo session to access the "preview online gallery", with watermarked images, so you can choose the amount of images included in your package, with the option to purchase extra images.

After the photographer sends the link to the "preview online gallery", the link will EXPIRE in ten (10) consecutive days. If you fail to choose your images in up to ten (10) consecutive days after the link is sent, you will loose access to the "preview online gallery".

To reactivate the "preview online gallery" you need to pay a one hundred dollars ($100) fee to reactivate the gallery with your images. After the payment of one hundred dollars ($100) fee, you will have access to the gallery for ten (10) more days.

The final images will be ready within 2-3 weeks after final payment.

Unedited and RAW files are not shared under any ciscuntances. Clients will only receive purchased images. 

Edited and unedited images are only saved for 60 days.  Please let us know if you wish to have your gallery saved for longer - archiving fees may apply.

After receiving the edited and high resolution photos via a link, you have seven (7) days to download the photos to your computer and/or cell phone device.

After this period the photos will be deleted from the gallery.

A $75.00 fee will be charged for resending the images.

If you want the photos on a flash drive, there is an additional cost of $25.00.

Any retouching in Photoshop will be charged an additional $40.00 per photo.

- PRODUCTS -

 

 

If your package includes any of our extra products, such as: albums, professional printed photos, canvas, etc; the request period and information on which photos will be used in this product are 30 days from the date of final receipt of the photos.

After the 30 days, the customer loses the right to obtain such item, being necessary to purchase them if necessary for the original value.

 

- COPYRIGHT -

Photographer Kathleen Lopes owns the copyright to all images and reserves the right to use the images for advertising, display, publication, social media, and/or other purposes for our portfolio and digital archives, our portfolio and digital archives, if the client authorizes the use of the images.

Under no circumstances may a customer use these images for profit, commercial endeavors, professional display, or in competition.

By signing this agreement, you agree not to copy, save or reproduce images other than backing up your digital files. This includes copying and saving images from a website, social media, online gallery, or any other form of advertising. If the client uses images by any method listed above, or any other method, the client will be billed for the cost of each image the client used, at the photographer's current price per digital file.

The customer agrees not to use any social media filters on images provided by the photographer. The use of any type of filter alters the photographer's work.

Sharing images and web links from its main source are highly acceptable and encouraged to show family and friends your beautiful images.

All THIRD parties wishing to use the images for their own commercial or non-commercial purposes must contact the photographer for a separate license. Examples of such third parties requiring separate licensing include but are not limited to developers, developer investment groups, stagers, designers, architects, home owners, contractors, etc. 

Public relations initiated placement of editorials and advertorials. Editorials where contact was not initiated by represented of the CLIENT shall be subject to separate editorial fees based on prevailing rates.  Advertising, advertorials and all forms of usage not covered in the PERMITTED USE section are subject to additional licensing fees and are granted on the basis of renewable two-year licensing periods, of $500 per image. The licensee shall consult with the photographer before any form of editorial usage as in some cases fees may be due from the publication rather than the licensee.

The CLIENT shall not distribute the images to any online or print publication for use in editorials or advertising or other usage outside the scope of permitted usage without prior consent and licensing obtained from the photographer.

- LIMITS OF LIABILITY -

 

In the unlikely event of severe medical, natural, or another emergency. It could be necessary to retain a replacement photographer.

The STUDIO will make every effort to secure a skilled replacement photographer.

If the situation should occur and a suitable replacement is not found for the client,

Responsibility and liability is limited to the return of all payments received.

The STUDIO takes the utmost care with respect to exposure, transportation, and processing of photographs including the use of professional equipment and professional backup equipment. However, in the unlikely event those photographs have been lost, stolen or destroyed for reasons within or beyond the STUDIO’s control, including, but not limited to, camera, hard drive or equipment malfunction,the STUDIO’s liability is limited to the return of all payment received.

The Photographer's liability is limited to the return of all payments received for the session. The liability limit for a partial loss of originals will be a prorated amount of lost exposures based on a percentage of the total number of originals. The Photographer Kathleen Lopes is not responsible for the loss of images beyond the final delivery of all products included in the package.

- SAFETY-

Kathleen Lopes reserves to right to terminate coverage and leave the location if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the location; or in the event that the safety of the photographer from the COMPANY is in question.

- TRAVEL EXPENSES-

All travel expenses are based on the distance between the location(s) and the COMPANY studio address. For all sessions, the first _20_ miles roundtrip of travel are included. All miles in excess of __21__ miles roundtrip are charged at $3.50 per mile.

- RESPONSIBILITY -

The customer is aware that, if they choose to print their images through a chosen personal laboratory, the print quality of the final result of the delivered digital files is not under the photographer's control and releases Katheen Lopes from any liability for any potential claims, based on the discoloration of the final result.

If the photographer is unable to fulfill this contract due to fire or other causality, or beyond the photographer's control, or due to the photographer's illness or emergency, he shall return any deposit or session fee to the client, but shall have no further liability in relation to the contract. This limitation of liability also applies if the event of photographic materials is damaged through no fault of the photographer.

The client releases Kathleen Lopes Studios from all liability, claims, and damages that may result from any accidents or incidents before, during, and after any session os studio visit. 

The photographer KATHLEEN LOPES is NOT responsible for the client's logistics and transportation to and from the place where the shoot will take place; venue rental, parking, among other expenses not included in the packages. Those are your responsibility.

Do not let children play with studio equipment as they could get hurt and/or break it and parents will be responsible for replacing it.

Any damaged or broken object/equipment will be charged ($$$) from the parents immediately.

Kathleen Lopes Studio is not responsible for any cause of future allergies.