TERMS AND AGREEMENTS:
This is a contract for personal photography services to be provided by Kat Newland. You agree to the following terms and conditions:
1. It is understood this Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.
2. No part of any order will be delivered until the balance is paid in full. Once the items ordered have been delivered to the client, the sale is final and refunds cannot be given.
3. The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes.
The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Photographer.
4. Upon signature & the payment of the retainer, the Photographer shall reserve the time and date agreed upon. Unless the Photographer is able to fully replace the cancelled reservation, all sitting fees and retainers are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
5. The Client takes the responsibility of their own safety and their children’s safety before, during and after the portrait session, regardless of location. The Client agrees to hold harmless Kat Newland Photography in the case of an accident, injury, and other unforeseen circumstances.
6. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait. The Photographer also holds the right to reschedule or cancel a portrait session due to the behavior of the Client and/or Client’s children. If a cancellation takes place, the session fee will be refunded to the Client.
7. 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 any deposit or sitting fee 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 or media 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.
8. 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.
9. CREATIVE LICENSE: Images are edited at the photographer’s discretion, and delivered prints will 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.
10. ORDERING: Within 2 weeks from the session date, the Photographer will notify the Client of the completion of their proofs. The online gallery will be available for 7 days and orders must be placed within that time frame. If the order is not placed within 7 days and the online gallery must go up again, there will be a $25 re-hosting fee and the new gallery will only be available online for 3 additional days.
11. The charges in this Contract are based on the Photographer’s Standard 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. All prices are non-negotiable.
12. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
13. 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 Kat Newland Photography in the event of enforcement of this contract becomes necessary.
14. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
I agree with the Kat Newland Photography Terms & Conditions. The undersigned hereby acknowledge that they have received, read, and understand Kat Newland Photography’s current price list & Policies. Only the signers of this document can discuss any problems that arise.
Permission is hereby granted to Kat Newland of Kat Newland Photography to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other legal purpose.
Kat Newland and Kat Newland Photography retain the copyright to all images produced by Kat Newland Photography and/or Subcontractors. Clients who choose to purchase digital files will be given a written release to make personal copies of images from CDs or DVDs given to client. The client understands the images given on CD/DVD cannot be used for profit or advertising.
