Kayla Swartz Photography
1752 S. M-33, West Branch, Michigan 48661
The person(s) whose name(s) appear on the photo session agreement form, known as "Client," agree that Kayla Swartz Photography, known as "Photographer," shall provide services for a photography session to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties. Any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
A deposit and this completed contract must be returned before Photographer will secure Client’s desired date and time. Deposit and session fees are NON-REFUNDABLE and cover Photographer’s time and talent as well as secure Client’s session date and current prices. Session fees are based on time spent during session, not number of pictures taken. Session fees are due in full no later than the scheduled session date, but can be paid any time before that. If Photographer doesn’t receive the payment by this time and alternate plans have not been previously agreed upon, Photographer will assume Client is forfeiting his/her session date and time.
Please note, session fees include photographer’s time and talent ONLY. Prints, products, and digital files must be purchased separately.
Client is responsible for all additional fees and costs related to the location choice, including, but not limited to admission fees and parking. Additional travel costs may apply, as agreed upon by Photographer and Client.
Sessions will yield approximately 5 images per micro session, approximately 8-12 images per mini session, and approximately 25-30 images per full session. A senior mini session will yield approximately 12-15 images, while a senior full session will yield approximately 40-50 images. Each session is unique and due to circumstances out of the control of the photographer, the quantity of images received is not guaranteed. Clients will receive gallery link and password within 30-45 days of session date.
SESSION RE-SHOOTS / REFUNDS
In the unlikely event that the finished product from a portrait session is unusable due to technical problems (i.e. camera failure or exposure problems), Photographer will re-shoot at no additional charge. Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given due to poor/undesirable choices of clothing, hair/make-up, adverse weather conditions, or when photographer recommendations were disregarded by the client.
If an illness, adverse weather, or other situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. If 24 hours notice is not given, or if the client decides to completely cancel the shoot, the 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.
If Subject(s) become(s) ill, please call as soon as possible to reschedule. Requests for rescheduling or re-shoots are granted by Photographer and at Photographer’s discretion. Photographer reserves the right to reschedule any shoot for any reason.
Cash, Personal Check, and major credit cards are accepted. Please make checks payable to Kayla Swartz.
Every possible care will be taken with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of the Client's photographs being lost, stolen or destroyed for reasons within or beyond Photographer's control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Neither party shall be liable for indirect or consequential loss.
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.
Photographer is not responsible for printing errors, print quality, or products not printed by Photographer. The recommended consumer print lab is mpix.com.
PROOFING & ORDERING
Proofs will be posted in a password-protected gallery online within 4-6 weeks of photo session. Client is responsible for inspecting all images. Once images and products have been ordered, ALL SALES ARE FINAL.
Photographer retains the sole discretion to choose images for viewing and to edit images based on her professional opinion.
Photographer will not process orders until all payments are complete. Client must notify photographer of any requests for changes to the images in writing, and any changes may be assessed a processing fee (fees begin at $25/image) if additional time is required to process images. Custom editing is available starting at $25/image.
CUSTOM IMAGE DOWNLOAD/PRINT RELEASE/ARCHIVING
Should Client choose to purchase a digital download of photo files, Client will have a limited right to make and use copies of the digital images provided, for use in e-mail, printing, sharing with family and friends, and on personal web pages. Clients will not make copies for sale or for the purpose of circumventing the sale of images by Kayla Swartz Photography. Upon receipt of the digital download, Client accepts all responsibility for archiving and protecting the photographs. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the photo files provided. It is Client's responsibility to make sure that digital files are stored to new media as required. Once online galleries expire, there will be a $25/week fee to create a new gallery link.
I, The Client, grant to Photographer, his/her legal representatives, heirs and/or assigns, those for whom Photographer is acting, and those acting with his/her authority and permission (collectively "Photographer"), the absolute right and permission to copyright and use, re-use, and publish, photographic portraits or pictures of me and/or my children/minor children/spouse or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known, for art, advertising, trade or any other legal purpose. I also consent to the use of any printed matter in conjunction therewith.
I hereby waive any right that I may have to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied.
I hereby release, discharge and agree to hold harmless Photographer from any and all liability that has or may occur or be produced in the taking of said pictures or any subsequent process thereof, as well as any publication thereof.
Client will be responsible for an additional $35.00 service charge for any checks returned by the bank, in addition to the amount due.
All prices are subject to 6% MI sales tax.
Client hereby gives Photographer permission to license the images and to use the images in any media (i.e. Facebook or print advertisements) for any purpose which may include, among others, advertising, promotion, marketing, and packaging for any product or service. Client agrees that the images may be combined with other images, text and graphics, and may be cropped, altered, or modified.
All images created by Kayla Swartz Photography are copyright protected. Client agrees to have no rights to the images, and all the rights to the images belong to Photographer. Client may not use any image for profit, commercial endeavors, competition, or professional gain. Client acknowledges and agrees to have no further right to additional consideration or accounting, and will make no further claim for any reason to Photographer.
I acknowledge that I am at least 18 years old, and have the right and ability to consent to the terms herein, and further, that I have am authorized and able to sign on behalf of all persons in the photographs I am purchasing.
Client acknowledges and agrees that this contract is binding.