TERMS & CONDITIONS
It is understood that Kin + Cactus photography is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, social media, business cards, or posters.
Session fees must be paid on or before the session date. Preview images will not be available until the session fee has been paid in full.
No part of any order, including previews and digital images, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.
Original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions. Any further editing or culling post-gallery delivery will be subject to a fee.
All session fees are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather. Photographer understands weather, illness, or other reasons may cause Client to reschedule a session. Client will not be charged a penalty fee for rescheduling a session provided at least a 24 hours notice is given, in which Client may reschedule the session, at the convenience of Photographer. No show or rescheduling within 24 hours will incur a $50 reschedule fee at the discretion of Photographer. Photographer will make every effort to offer the necessary time, including on multiple days, at the convenience of Photographer. Photographer may reschedule without penalty. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Kin + Cactus Photography, the Photographer may elect to use an alternate location or to reschedule the session.
Please be aware of your artist's style and aesthetic before booking. A complete portfolio demonstrating this style and aesthetic can be viewed here http://www.kinandcactusphotography.com, if you have not reviewed them already.
Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
The charges in this Contract are based on Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time the order is placed.
In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.
DIGITAL IMAGES AND PRINT TERMS OF USE: Edited images will be delivered within 2 weeks after session, either via web-based digital download on a private gallery or email. Digital album downloads will be removed after thirty (30) days. A $50 fee will be charged to repost digital album downloads. It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely. Therefore, Client is directly responsible for making a backup of all digital photos received from Photographer. Digital images purchased by the Client still remain the property of Kin + Cactus Photography and Client may not edit the photographs in any way. This includes, but is not limited to, removal of watermarks, cropping, or using filters. Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., client will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc.
Client will receive select photos on digital download/USB drive with print release for personal use. Digital download/USB drive includes images for printing and may be used on the web, social media, or email.
Digital images purchased by the client may not be shared with other persons for profit and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties. Client may not reproduce the album or files in any way. Additional copies may be purchased for a fee. The album is only for the owner (the paying client) to print photographs (as noted in the release).
Photographs may be used for advertisement (modeling, head shots, etc.) but credit to "Kin + Cactus Photography” must be given for the photograph. Photographs may not be entered in photo contests without expressed permission from Photographer. An additional fee may be required for use.
Printed photograph quality will depend on where it is printed. Only prints printed through Photographer will be guaranteed for color and quality. Client may print images at the professional photo lab of choice.
Copyright, License To Use, and Model Release
It is understood that Kin + Cactus Photography owns the copyright to all of the Digital Images and reserves the right to use them for display, publication, advertising or other purposes. Upon receipt of final payment, the Client is granted a Non-Exclusive Unlimited print release, allowing the client to print the images from their session for their own personal use. Images may not be altered (i.e. applying a filter), cropped, sold, entered into a contest or submitted for publication. Images from your session may be shared on social media accounts. I would be so honored if you would tag photo credit to Kin + Cactus Photography and social media accounts (i.e. if posting on facebook you tag Kin + Cactus Photography's facebook account, if posting on instagram you tag the @KinAndCactusPhotography instagram account). Something like this can really help a small business like myself. I would be very grateful!
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without Kin + Cactus Photography’s permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
Kin + Cactus Photography will retain the full copyright on all images (including digital files) and reserves the right to display, publish/etc. for any reason. Client is prohibited from further editing of images. Client is also prohibited from using photos in contests without written consent from Angela Robinson. Client may not, for any reason sell their images to any third party. Client will be granted printing rights for the images and is allowed to download and use digital files for printing purposes.
I hereby give to Kin + Cactus Photography, the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child(ren) in which she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, contests, advertising and trade, and;
RELEASE AND WAIVER OF LIABILITY:
I, HAVING AGREED TO ACT AS A MODEL, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
1) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Kin + Cactus Photography and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;
2) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.
I acknowledge that Kin + Cactus Photography and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of 3 Bells Photography.
I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.
I understand that at this event or related activities, I may be photographed.
I acknowledge that flash photography or strobe lights may be used during this event or activity.
I agree to allow my photo, video, or film likeness to be used for legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I hereby release and discharge 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.
Photographer is not liable for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer and owner of the property from any liability and claims against their person or their business.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.