• Samantha Kjell Photography Portrait Contract

  • A. Session Fees

    Client agrees to pay photographer a retainer of $75 at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The remaining balance is due at the time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and the images to be downloaded by client from the link sent to your email to your gallery.   Additional editing is available at additional expense to be determined by photographer.  Additional prints or digital images may be available for purchase. 

    B. Retainer Fee 

    Client agrees to pay retainer within 7 days from booking date, or the date will be reopened to other clients. Retainers are non-refundable but may be transferred due to weather or illness. Rescheduling is at the discretion of the photographer. 

    C. Location Costs & Fees

    If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. Creative fee covers travel within 15 miles of Dekalb, IL.   Any location outside of these limits will be subject to an additional charge. 16-30 miles is additonal $10,  31-45 miles is additional $20 and 46-60 miles is an additional $35. Any miles exceeding this will be $1.50/mile as part of the agreement.

    D. Rescheduling

    Rescheduling is at the discretion of the photographer. If there is an illness, client needs to give 24 hour notice prior to session without penalty to reschedule. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

    E. Re-shoots / Refunds

    Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.

    F. Archive

    After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.

    G. Payment

    All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

    H. Damage

    Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.

     

     

  • I. Model Release

    I hereby give to Samantha Kjell Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/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, advertising and trade, and;

    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.

    J. Liability

    Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Any damage or breakage to equipment, backdrops, or studio contents by client is the sole financial responsibilty of client.

    K. Copyright & Penalty

    Samantha Kjell Photography retains all copyrights to all images created during client’s session. Copyright is protected by the Federal Copyright Law. It is unlawful to copy or scan images without permission of the photographer. Samantha Kjell Photography retains copyright and ownership to all images and reserves the right to use for advertising, gallery display, studio display, portfolio, website, self promotion, photo contests, ect. Clients are not allowed to reproduce any images produced by photographer without written consent by photographer. It is illegal to alter, copy, scan, screen shot, save proofs, or use the images in anyway without permission from photographer. Digital images may be used by client for personal website, social networking sites, or personal business websites. Only watermarked images may be used for these purposes. Any violation of the copyright will be prosecuted by Samantha Kjell Photography to full extent of the law with fines up to $50,000. A print release is given to client to make unlimited prints from a lab of their choice. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images.

    Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you share the images from the page or simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. 

    L. Session Requests

    *No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.

    *Session starts at the agreed upon time. It is strongly encouraged that client arrives 5 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.

    *Please make sure hair is combed and face is clean and free of runny noses or eyes.

    M. Gallery viewing and ordering

    Under normal circumstances, your images will be ready to be viewed within 2-3 weeks of your session. After your session, you may see a sneak peek on facebook or blog. You may share this images by clicking "share" to your page, please do not save and upload. Once your images are ready, you will receieve a link to the gallery to view your images. You may share this link with friends and family. During this time you may purchase a print or product order. Your gallery will expire in 1 week after the email has been sent. There is a $20 reopening fee after the one week. The gallery will be then reopened for 1 additional week. Pre-payment is due before gallery is reopened. 

     

     

     

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