SESSION BOOKING FORM
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Number of People Photographed
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Names & Ages of all participants
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Portrait (One Individual)
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Is there anything you'd like for me to know? Are you looking for any particular type of style in your photographs?
MODEL RELEASE: I hereby grant Kaptured by Kat Photography, the absolute and irrevocable right and unrestricted permission concerning any photographs that she has taken or may take of those listed in this contract [minor and adult], to use and publish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration. I release and discharge Kaptured by Kat Photography from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.
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CONTRACT AGREEMENT
This agreement for photography services is entered into by the person(s) described on page 1, referred to as “Client”, and "Kaptured by Kat Photography" (herein referred to as "Photographer"). Kaptured by Kat Photography is an independent contractor licensed for business in the state of New York. This contract is not considered “work for hire”. AGREEMENT TERMS: DESCRIPTION OF SERVICES: Kaptured by Kat Photography will provide high quality photographic services using digital camera equipment, producing “Digital Images” in high-resolution .JPG format. The Digital Images will be delivered to the Client electronically over the Internet in an online digital gallery. Prints will be available as an optional add-on for an additional charge.SESSION TIME: Client is guaranteed a minimum of one hour of shoot time for a portrait of one individual. Portraits with two or more individuals may require additional time and the aid of an assistant. Additional fees will be listed in the “Your Fees” section of you invoice, if applicable.DESIRED SCENES/POSESPhotographer and Client agree that Photographer is under no obligation to capture any specific moment or pose during the session. If a particular scene or pose is desired, the Client will provide Kaptured by Kat Photography with a list of suggested photographs that they desire in advance. While every attempt will be made to accommodate the Client’s desired list of photographs and create the best images possible, no particular image is guaranteed.WEATHER: If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of images meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or reschedule the session. COOPERATION & AVAILABILITY: All parties agree to cheerful cooperation for the best possible results. It is the Client’s responsibility to ensure that key individuals are on time, available, and prepared to be photographed. PRICES: The charges in the Contract are based on the Photographer's Standand Price List. This list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.PAYMENT OPTIONS: The session fee is due at the time of the session, less the retainer paid to reserve the session. Kaptured by Kat Photography accepts cash, checks and credit cards. Payments must be paid in full by the beginning of the session. Checks should be written to Kaptured by Kat Photography. If payment is made by check, the online photo gallery will not be made available until check clears. Checks returned by the bank, for any reason, will be charged a $25 service fee. If payment is not made within 3 days of notification, order will be cancelled. Credit Card payments can be made online at kapturedbykat.com by request and will incur a 3.5% service charge.ONLINE GALLERY: After your session, the Photographer will take careful time to hand edit each photo to the Photographers artistic and creative vision. The Client will receive a private digital photo gallery within 30 days of their portrait session. Photographer retains the right to edit the photographs and omit any image that does not meet the artistic standards of the Photographer. Client will receive a limited print release, instructions on how to best print high-resolution files, and lower-resolution files suitable for online sharing. Online galleries are available for viewing, image download and print orders for 60 days following the session. The Photographer is not responsible for loss or damage of digital files for circumstances out of her control.PRINTS: Prints may be ordered for an additional charge through the online photo gallery. All images are printed on professional photo paper using the latest digital technology. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.RESCHEDULES / CANCELLATIONS: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, any deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated.REFUNDS: Due to the custom nature of your portraits, all purchases are final and no refunds will be made.PARTICIPANTS: It is the sole responsibility of the person signing this contract to inform all session participants of the policies outlined in this contract. This is a blanket contract for this session, and all session participants must abide by these policies.SOLE RIGHT: It is understood that the Photographer is the exclusive official photographer retained to preform the photographic services requested in the Contract.NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs elsewhere without the Photographer's permission, and violators of the Federal Law will be subject to its civil and criminal penalties. A limited print release is supplied with the purchase of your sessions digital files to print your portraits for your own personal use. The print release does not allow publication of your portraits (i.e. entering contests), selling or altering your images without the Photographer's permission. These images are not to be further edited or altered in any way by anyone other than Photographer. All images shared on social media must be linked back to Kaptured by Kat Photography via facebook page link or website link.FAILURE TO PERFORM: If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.LIABILITY: The Photographer is not responsible for any injuries incurred by any of the members of the party being photographers or anyone else who may be attending a session as a guest. Clients will be responsible for their children, their guest and themselves, and release the Photographer from any claims. Although great care will be taken with the Digital Images, this contract limits the entire liability for any claim, loss, injury or failure to deliver Digital Imagesto the return of any fees paid by the Client under this contract. In the unlikely event of personal illness or other circumstances beyond the control of Photographer, an alternative time for you session can be scheduled, or your session fee can be returned to you.INDEMNIFICATION: Client shall indemnify, defend and hold Photographer and their representatives, agents, contractors, employees, successors and assigns, harmless from any loss, damage or liability resulting from Client's violation of the terms of this Agreement and for any and all liabilities, damages, claims, suits, judgments, costs, fees and expenses that arise as a result of or in connection with the services provided. Client shall indemnify Photographer and hold her harmless from and against any claim by any other person or entity resulting from the performance of her services under this agreement. Kaptured by Kat Photography is not responsible or liable for any other damages beyond the amount of this contract.Any changes to this agreement must be made in writing and signed by all the parties. This agreement constitutes the entire understanding of the parties and is governed by the laws of the State of New York By signing this contract, Kaptured by Kat Photography and the Client agree to all of the terms and conditions stated in this contract.
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By signing below you certify that You are at least 18 years of age. You have read this portrait agreement/contract and fully understand the contents thereof. You agree that you have the legal authority to grant these permissions and accept all responsibility for such.
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