Your photography session with _Kristina from KG Motherhood__ includes:
● 1 session at location of choosing
● 2 week delivery with professionally edited images via digital download
By signing this contract and providing the deposit/booking fee, you (hereinafter referred to as the “Client”) are entering an agreement with _Kristina Garcia__ (hereinafter referred to as the “Photographer”):
• A $100.00 non-refundable retainer must be paid at the time of booking your session. The deposit is payable to _Kristina Garcia_ via check or paypal You may also pay cash in person. Signed contract and retainer must be received within 1 week of hire to secure your session.
• The remaining balance of fees for your photography session is to be paid before or at the time of session.
Photographer will provide coverage for The selected package at the location of choice.
1-week delivery with all edited images via digital download
Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. _Kristina Garcia__ maintains the creative right and privilege to cull images from your session. At no time, will RAW and/or unfinished files be provided to you, the client. Images are that are culled out are immediately discarded. The Photographer will use their professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Non-Guarantee: Although every possible care will be taken to produce photographs of all important and special events during the session, _Kristina Garcia_ cannot place an unconditional guarantee on the above. _Kristina Garcia_ will not be held responsible for any ruined photographs due to guests (or any other) flashes; or any other ruined photographs due to any other cause in or outside of _Kristina Garcia_’s control.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the session covered by _Kristina Garcia _ shall be the responsibility of you, the Client. In the event _Kristina Garcia_ or her employee(s) experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the session (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the session; third offense: _Kristina Garcia_ will end the session coverage immediately and leave the event, _Kristina Garcia__ shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold _Kristina Garcia_ harmless as a result of incomplete session photography coverage.
Cancellation:If for any reason, Client cancels this contract prior to the session date, Photographer will keep all booking fees/deposits paid for the session photography coverage.
Failure to provide services
If the Photographer cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the Balance fee to the client, but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of the photographer.
In the event the photographer fails to perform for any reason due to the client such as Clients failure to show, Client provided wrong address, the photographer shall not be liable for any amount and will keep her fees.
Liability: Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their guests, children and for themselves and release photographer from any claims against their person or their business. Photographer reserves the right to bring all equipment needed to the photography session, such as, but not limited to: step-stools, ladder, lighting equipment, laptop, and/or various camera lenses.
Pricing: The charges in this agreement are based on the photographer’s portfolio building price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Due to the custom nature of the product, all sales are final and no refund will be given. Photographer is not liable for variations in print quality if the images are not printed through them.
Copyright and Reproductions: KG Motherhood by Kristina Garcia shall own the copyright of all images created and shall have the exclusive right to make reproductions. The photographer shall only make reproductions for the client or for the photographer’s portfolio, samples, self-promotions, and entry in photographic contests, art exhibitions or editorial use. If the Photographer desires to make other uses, the photographer shall not do so without first obtaining the written permission of the client. At no time, shall any of Photographer’s work be saved to your computer, shared online or printed without express written consent. This is a breach of copyright and illegal. If you purchase the digital files, print releases will be included at time of checkout. Any blog posts or Facebook images uploaded/published/produced by Photographer may be freely shared with your friends and family.
Image Processing/Printing: Unless agreed upon prior to any editing work, gallery may contain a mixture of color, black and white, and selective color/artistic images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer’s discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from them. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Print Release: The print release allows you the right to make unlimited prints of any digital files purchased by you. The release does not allow you the right to share the files digitally; publish images to social media (except files expressly designed for such use); edit or alter the images in any way. Any editing or alteration of the image is a breach of copyright and illegal. If you wish to see an image edited in a different fashion please contact _Kristina Garcia_ to discuss.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for the use and credit for the images remain the property of KG Photography by Kristina Garcia. Client has the right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs and assigns. The Photographer will honor any requests made by the family for using, or not using certain images for any and all displays or online medias. If the Client chooses to make such a request for all images, then the Client must agree to allow the Photographer to share a password protected gallery to future prospective clients.
I am obligated to explain the following:
• Upon viewing samples of my work and/or meeting me personally, you have decided to invest in my services to photograph this session because you are confident that I can give you results which you will cherish.
• There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. I am unable to make promises regarding the number of images which will be produced from my endeavor. As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph a scene. This may mean that some shots are color, some are Black & White, some are square, some are rectangular. This is my interpretation and vision as an artist.
• In addition to artistic images, I will also take “normal” photos by means of documenting the session.
Additional information and options:
• Only images with _KG Motherhood Photography’s_ watermark may be used for social network sharing or online use.
I have read, understand, and agree to the terms and conditions of this Agreement/Contract. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement/Contract.