1. PAYMENT :
A non-refundable retainer must be paid in full in order to reserve dates agreed upon by the client & the photographer. Payment must be made electronically via credit card or PayPal unless otherwise agreed. Session fees are subject to current pricing & cover the time and talent needed to capture your photos. Newborn sessions are booked according to your estimated due date.
Prints & albums must be ordered within 90 days of the client’s session date. Failure to place an order within 90 days will void any obligations or liabilities of the photographer. The photographer is not obligated to keep the clients images on file after this time frame has passed. Pricing is adjusted periodically and future orders will be charged at the current prices at the time the order is placed.
2. CANCELLATIONS & RESCHEDULING:
If the photography services are rescheduled or canceled for any reason, the retainer is non-refundable and only transferable at the photographers discretion. If your child is feeling ill, please call to reschedule at least 24 hours prior to your session.
If the photographer is unable to perform the session due to illness, babies disposition, inclement weather, emergencies, acts of God & other causes beyond their control, the client will be allowed to reschedule at the discretion of Kelsey Kaye Photography or your money will be refunded. If a refund is provided to the client, Kelsey Kaye Photography will assume no further liability in regards to this agreement. Any client who is late to a session will have the minutes/hours late subtracted from the duration of their session.
3. TRAVEL & ADDITIONAL FEES:
The client is responsible for covering any additional fees and costs related to location choice (mileage, plane tickets, hotels, admission fees, parking, etc.) Travel up to 20 miles from 79121 is included. there is an additional travel fee for any location outside of the 20 mile radius.
Time & travel above this will be invoiced accordingly.
A typical newborn session lasts anywhere from 2-3 hours. Please be sure to follow the newborn prep guide that will be sent to you upon babies arrival. It will include tips for keeping baby awake, when to feed baby before you come and more. Following this guide is KEY in having a great newborn session. The baby shall be dressed in loose-fitting clothes for ease of changes & the client will bring supplies for feeding/nursing/soothing. Only the subjects being photographed should be present during the session.
Please do not bring additional family members, your own camera, camcorder, or recording device to the session.
If the client has a request for an alteration of an image, please let the photographer know before ordering prints. Any modifications that fall beyond the natural output produced by the camera will incur fees as decided by the photographer. Once the changes have been requested, no further edits can be done on that image. Clients are not allowed to edit or apply filters to ANY of the images delivered by the photographer. The photographer retains exclusive copyright to all images taken.
6. COPYRIGHT / MODEL RELEASE:
The photographer retains exclusive copyright ownership of all images created and has the exclusive right to use and publish photos taken of the client and all subjects referred within this agreement, including but not limited to: social media, print, marketing materials, commercial art, advertising, and for any product or services. The photographer assumes no liability for any and all claims that may arise out of the use or connection with the use or connection with the use of these images, included the expectation of privacy for confidentiality for the client and/or any minor child or children depicted in these images.
The client shall only use the prints, including digital files in accordance with the permissions within this agreement. The clients images are for personal use only and shall not be submitted to contests, reproduce for commercial use or financial gain. If the photographer provides a digital file print release the client must act in accordance with that release. The client will not receive financial compensation to royalties of any kind associated with the images taken of themselves, their children or anyone in these photos.
This limitation on liability also applies in the event that photographic materials are damaged in processing, lost through camera or equipment malfunction, or otherwise lost or damaged without fault on the part of the photographer. The client releases the photographer and all employees, from all liabilities and claims/damages that may result from any accidents during or after the session.
Any controversy or claim resulting from or relating to this contract of the breath thereof shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the photographers office. Either party may refuse to arbitrate when the dispute is less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of purchased package.
10. PACKAGES PURCHASED:
The number of digital files/time/locations included varies depending on package selected. All galleries will be delivered within 14-21 days of the session.