Kate Emily Photography Terms of Service
INTRODUCTION:
For the purpose of this agreement:-
1. “Agreement” means the following terms and conditions of this contract, agreed upon by the parties to this contract.
2. “Images” includes (1) all products and prints created; (2) images on Kate Emily Photography website, blog, social media and in all media forms now known or hereafter devised; (3) digital files such as jpeg, psd, and all other file formats.
3. “Photographer” refers to Katherine Edwards trading as Kate Emily Photography.
4. “The Parties” refers to the photographer and the client.
AGREEMENT
This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services made available by Kate Emily Photography. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Kate Emily Photography.
SESSION DETAILS
⦁ The 25% deposit is a non-refundable retainer payable to secure services with the Photographer. Sessions may be rescheduled due to sickness, or when the Photographer feels there are inadequate weather conditions for on location sessions. Please give the Photographer as much notice as possible.
⦁ If inclement weather or other adverse conditions prevent the session from taking place, we will simply rearrange for another date.
⦁ Throughout a photo session the owner of the animal(s) is responsible for the behaviour and actions of their pet(s)/animal(s) and to the fullest extent permitted by law, Kate Emily Photography will not be responsible for any injury to the animal, owner or third party during the photography session.
⦁ The welfare of the animal(s) in the photo session remains the highest concern. The session may be suspended or cancelled (to be rescheduled) altogether should the animal(s) show signs of unease, discomfort or other adverse physical or emotional condition.
⦁ Should Kate Emily Photography become concerned over the welfare of the animal(s) at any point during the sessions Kate Emily Photography reserves the right to terminate the session immediately.
⦁ Waiver of liability: client expressly releases the photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photo session. This waiver of liability includes waiver of any claim that may be a result of negligence.
⦁ The remaining session fee will be paid 48 hours prior to the photoshoot taking place. If the session fee is not paid in full by this time Kate Emily reserves the right to cancel the photoshoot.
⦁ If the Session Fee includes a product credit, that credit may be applied towards any Images purchased.
⦁ The client will be able to view all final images during the online gallery reveal and make all ordering decisions within a two week time frame following the reveal.
⦁ Images ordered will be complete and be ready to download within a two week time frame. Kate Emily reserves the right to extend this time frame if exceptional circumstances, such as sickness, bereavement or other unforeseen circumstances, apply.
⦁ Due to the custom nature of the artwork, once 24 hours has passed from selection and payment there will be no refunds. However, your satisfaction of the quality of the artwork is guaranteed.
⦁ Images will not be delivered until all fees have been paid in full.
⦁ The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as a cloud storage for maximum protection. Digital media does fail.
⦁ By paying the 25% deposit you are agreeing to the terms of this contract.
LIMITATION OF LIABILITY
⦁ If Kate Emily Photography 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 the 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, or otherwise lost or damaged. In the event Kate Emily Photography fails to perform for any other reason, Kate Emily and/or Katherine Edwards trading as Kate Emily Photography, individually, her heirs, administrators, executors, successors or assigns shall not be liable for any amount in excess of the retail value of the Client’s order.
⦁ By agreeing to this session client hereby releases, discharges, holds harmless and indemnifies Kate Emily Photography, and anyone else acting on its behalf and Katherine Edwards individually, her heirs, executors, administrators, successors and assigns from any and all claims, actions, suits, liabilities, and/or proceedings both in law and in equity that the client, client’s pets, client’s children, wards and/or the parents and/or guardians of the children or ward may have or will have in the future for any injury and/ or damages arising from or in any way related to this session.
USE OF IMAGES
⦁ The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Kate Emily Photography if you wish to use images in a commercial manner.
⦁ Clients purchasing digital images will receive a Copyright License Agreement from Kate Emily Photography that will allow the client to reproduce and distribute all purchased digital images, so long as it is for their personal enjoyment. Clients may not utilize the images for commercial use, photo contests, or alter the image in any way other than cropping when printing.
NOTICE OF COPYRIGHT
⦁ Kate Emily Photography shall retain ownership of the copyright to all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submission and use, advertising, or for display within or on the Photographer’s website and/or studio in all media forms now known or hereafter devised. Kate Emily Photography reserves the right to sell images for stock or commercial use, this does NOT apply to any image with a human adult or child. Images containing human subjects will not be used for stock or commercial use without your written permission.
⦁ This Agreement qualifies as a model and property release for you, your pets, and your child(ren). The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Kate Emily Photography in the event of litigation arising out of such use.
SEVERABILITY
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect.