Terms of Service
This is a contract for personal photography services to be provided by Kelly King Photography and/or individuals subcontracted to do work for Kelly King Photography. You agree to the following terms and conditions:
CHANGE OF DATE OR VENUE
Kelly King Photography must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone ALONG with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Kelly King Photography.
A retainer fee of 20% of the total estimate or $150, whichever is greater, is required to hold the date of your event, and is separate and apart from the hourly rate or package price. No date is reserved until a retainer is received. The balance of the complete package price must be paid at least 14 days prior to the event. If final payment is not received, Kelly King Photography will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order. Additional hours worked by Kelly King Photography, subcontractors, and/or staff of Kelly King Photography beyond the number of hours contracted as stated in this contract, will be billed at the rate of 200.00 an hour ($100.00 per hour for Nonprofits.) If additional hours are worked, no products will not be delivered, in any form, until payment for those hours is received in full.
There shall be NO refund of retainer after 48 hours from the signing of agreement due to the reservation of the photography date. If the event is cancelled within three months of the date, the client shall both forfeit any amounts already paid and agrees to pay the balance of the contract due, excluding albums or pre-paid print orders not already produced, due to the high probability that Kelly King Photography will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Kelly King Photography, and any and all other arrangements must be put in writing, and will become part of this agreement. Cancellation must be in writing via email or U.S. Postal Service even if a phone call or text was made to inform Kelly King Photography of the cancellation. It is the client's responsibility to follow up and make certain the photographer received such notice within 5 days of suspected or known delivery.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, neither Kelly King nor anyone working for Kelly King Photography can be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the location restrictions. The photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of principals. Furthermore, the photographer is not responsible for the lack of coverage due to rules and restrictions of any venue, or the rendering of decorations at the location. It is acknowledged that any lists submitted to Kelly King Photography will be used for organizational purposes only, and in no way represents photography that will actually be produced. Kelly King Photography will do its best to fulfill all requests, but can make no guarantees that all suggested images will be delivered. Clients are responsible for all location fees and permits and agrees to provide Kelly King Photography copies of permits & receipts for fees no less than 14 days prior to the event date. Failure to provide the photographer with appropriate permit & fee paperwork will result in a breach of contract and will result in cancellation of the agreement (see above for specific remedy of cancellation within three months of the event date.)
If Kelly King Photography or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, then Kelly King Photography shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement.
In the event of severe weather, including but not limiting a hurricane, severe rainstorm or other unforeseeable events Kelly King Photography may make the decision that it is unsafe to drive home, and hotel stay plus a per diem of $75 will be billed to the client.
Title (possession) of and copyright to all products shall remain with Kelly King Photography. All photos are copyrighted. The negatives and or digital images (hereinafter collectively “images”) created by Kelly King and/or subcontractor(s) remain the property of Kelly King Photography. It is illegal to copy, scan, reproduce, or post online in forums elsewhere without the written permission of Kelly King Photography. Violators of this federal law will be subject to its civil and criminal penalties.
Kelly King Photography shall be the exclusive photographer(s) retained by the client for the purpose of photographing the event. Guests, the client's family, friends of the clients, and other vendors shall not interfere with the photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of events to ensure proper exposure of images.
Unforeseen travel expenses such as parking, shipping, or destination fees must be reimbursed to Kelly King Photography and will be added to the balance due after the event.
EVENT FOOD SERVICE
A meal is requested for events lasting longer than four hours for Kelly King Photography, and an assistant and or second shooter. If a meal is not provided, it is understood that Kelly King Photography will leave the event to purchase a meal or meals. Breaks may be taken by photographers and assistants every 2-3 hours, as needed.
PRODUCT DELIVERY & PRICE LOCK
Upon notification, the clients must arrange for pick up and delivery of albums prints and other products within a reasonable time, not to exceed 30 days after notification. Kelly King Photography is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said 30 days. The terms of this agreement are valid for six months after the date of the event. If correspondence has not been received by that date, this agreement will be considered completed in full. Kelly King Photography cannot be held liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail, or otherwise lost or damaged without fault on the part of the photographer. Money will not be reimbursed.
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Kelly King Photography in the event of enforcement of this contract becomes necessary. All legal action shall take place in League City, Texas.
Although diligent efforts are made to avoid environmental problems and effects, all client-requested photographic touchups or alterations not included in the purchased product will only be performed at the client’s expense. Such retouching may include but is not limited to, correction of hair/makeup, environmental effects, clothing, reflections in glasses, opening closed eyes, removal/insertion of family members, hired event personnel, fixtures, etc.
Images are edited at the photographer’s discretion, and delivered prints may not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.
Clients will be asked to select a certain amount of images (according to your package) for their album(If an album based package rate is chosen by the client) based on the number of pages in the album selected in your package, not all images selected will be placed in the album. The number of images placed in the album may vary based on the design of the album. Clients will have the option to add more pages for an additional charge. Clients are asked to mark images that must appear in the album.
ALBUM DELIVERY TIME
If purchased or otherwise applicable, album delivery is based on the volume of work currently in-house. Due to the fact that printing and production are outside the control of Kelly King, the client will not hold Kelly King Photography responsible for late or delayed albums.
In the event of illness or sudden event out of the control of both parties, Kelly King Photography will make every attempt possible to substitute a photographer at no cost to the client. This contract will be transferable to the said photographer.
Due to the lack of information about how long CDs/DVDs/USBs can hold information, Kelly King Photography recommends you back up your images on another media format other than CD/DVD/USB. Kelly King Photography also recommends making multiple copies of CDs/DVDs/USBs every year to ensure the images for years to come. Kelly King Photography cannot be held responsible for the failure of CDs/DVDs/USBs due to mishandling. It is the client’s responsibility to keep several copies of any CDs/DVDs/USBs in more than one location, and back the images up on another format such as a hard drive. The undersigned hereby acknowledge that they have received, read, and understand Kelly King Photography's current price list. Only the signers of this document can discuss any problems that arise. We kindly ask that you contact us one week prior to the date of your event. A phone call or email is fine, to go over last-minute details. We will make every effort to contact you, but it is ultimately the clients’ responsibility to contact us to confirm all events and times. Permission is hereby granted to Kelly King of Kelly King Photography and any second shooter as Kelly King agrees to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. Kelly King Photography retains the copyright to all images produced by Kelly King Photography and/or subcontractors. Clients must have in their possession a written release to make personal copies of images from USBs/CDs or DVDs given to clients - all wall portraits larger than 8x10 must be purchased through Kelly King Photography and cannot be printed elsewhere without written permission from Kelly King. The client understands the images issued on USB/CD/DVD cannot be used for profit or advertising without written permission and all posting of images on the internet need to be acknowledged as images by KellyandKingPhotography.com. Kelly King Photography may also be referred to as Kelly & King Photography and also as KellyAndKingPhotography.com. Kelly King is the principal photographer.