Terms & Conditions
Please review the following Terms & Conditions
Session Fee
Your $100 retainer is payable online via credit card when booking your session. Your retainer payment is applied to the total cost of your session. The balance of your session fee is due on or before your session date.
Late Arrivals
Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. This may also result in a reduction of the number of proofs and edited images. If shooting on location and client is more than 15 minutes late the session will be canceled and $100 retainer will be forfeited.
Cancellations
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the retainer 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.
Reshoots
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
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, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. 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.
Archive
All images will be available for ordering for one (1) month following scheduled shoot date. After one (1) month, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Model Release
Client gives permission to Kellie Henriksen | Photographer to use the images (or variations of the images) from this session for publication in advertising materials, websites, blogs, portfolios, displays, or other promotional methods for Kellie Henriksen | Photographer without compensation for such. Kellie Henriksen | Photographer will not sell these images to any third party without additional consent from you.
Copyright and Penalty
Denver-Headshots/Kellie Photo - Portrait Studio/Kellie Henriksen | Photographer retains all copyrights to all images created during client’s session, but shall grant an exclusive license to the client to reproduce and publicly display the purchased images. A print release will be provided with the purchased digital files to print portraits. The print release does not allow selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Kellie Henriksen | Photographer during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Indemnification
The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events. 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.
Miscellany
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Colorado.
Attorney Fees
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
