TERMS & CONDITIONS AGREEMENT
In the following terms & conditions “photographer” shall mean Keed Photography. “The clients” shall be those persons defined as customers. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
By purchasing a service or product you agree to these terms and conditions set forth.
a. The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
b. Proof: Samples of all edited photos, in which Keed Photography (Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Keed Photography’s logo, watermark, or proof stamp.
c. Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for personal use. Keed Photography owns the copyrighted photographs or videos being purchased (the "Work"), hereby grants you the nonexclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including using, reproducing, or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Photographer retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay the photographer the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by the photographer, now or in the future.
II. Booking, Cancellation, and Rescheduling.
A booking deposit in any amount requested by the photographer, may be required of sessions, is nonrefundable and nontransferable with the exception of rain dates for outdoor sessions.
b. Any general cancellations excluding weddings or special events, must be made at least 48 hours in advance of session. Any general cancellations within 48 hours will be nonrefundable.
Cancellations for any weddings or special events, requires at least seven days in advance notice of reserved date to cancel or reschedule; cancellations made within seven days will be nonrefundable. All cancellations must be submitted in writing at email@example.com.
c. Clients are permitted one rescheduled session if a rescheduling request is made at least 48 hours in advance before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to reserve a session. The rescheduling option is only valid up to 90days from the original booking date.
For weddings and special events, one rescheduled session is permitted if a rescheduling request is made at least seven days in advance before the session. After one permitted rescheduling, any further rescheduling will require an additional deposit to reserve a session. The rescheduling option is only valid up to 90days from the original booking date.
III. Sole Photographer During Session
a. During your photography session with Keed Photography, the Photographer will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session and an additional session fee will be charged.
IV. Social Media
a. It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Keed Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Keed Photography has uploaded to Facebook or website, or from the low-resolution images offered to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
b. You are permitted to click the “share” button on any photos posted to Keed Photography’s Facebook page or website. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery. The ability to click share is made available on Keed Photography’s website for your convenience.
V. Proofs and Ordering
a. Your portraits will be available on Keed Photography’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 4 to 6 six weeks after the date of the session. Proofs will be available for three months and then the gallery may and/or will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $40 will be incurred. Upon receipt of payment your gallery will be live for 14 days.
a. Keed Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Keed Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of acne, rashes, and accidental last minute scratches, bumps, etc. Digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Keed Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.
b. Edits are solely made by Keed Photography, any edits by clients or family members or any third party to digital files or print photographs without proper consent will violate the copyright act and will result in violations, closed galleries and refusal of service.
VII. Copyright and Reproductions
a. Keed Photography (Photographer) shall own the copyright on all images created and shall have the exclusive right to take, use, reuse, publish, republish photographic portraits or pictures, make reproductions, in color or otherwise and edits of any kind.; made through any medium at Photographer's studios or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studios or elsewhere.
VIII. Deposit and Payment
a. The Client shall make a deposit to retain the Photographer to perform the services specified herein. Deposits are nonrefundable and nontransferable with the exception of rain dates for outdoor sessions. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Keed Photography accepts cash, checks, and all major credit cards. A $50.00 fee will be imposed for any returned checks.
IX. Client’s Usage
a. The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner with advance and approved notice from the photographer. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of the Photographer at their place of business.
b. Client is never permitted to edit or alter any photo that is copyright of Keed Photography. X. Indemnity and Inherent Qualities a. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that the Photographer suggests printing from professional printing labs in order to receive highest quality prints.
c. Client solely releases, discharge, and agree to hold harmless and defend Photographer, her legal representatives or assigns, and all persons acting under her permission or authority or those for whom he/she is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
d. Client waives any right that they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied. Client hereby release and hold harmless Keed Photography from any reasonable expectation of privacy or confidentiality the client and/or any minor child and/or children listed by the client associated with the images. Client further acknowledge that participation is voluntary and that neither the client and/or the minor child or children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in Keed Photography marketing materials or other publications.
e. Keed Photography do not warrant that Photos and/or Videos are accurate, complete, current, or error-free. While Keed Photography make reasonable efforts to accurately display all details of photos, including the applicable colors, please note that the actual color seen for a Photo depends on the settings of client’s or user’s computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Keed Photography reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order or photograph.
XI. Failure to Perform
a. 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 Photographer’s illness, then the Photographer shall return the deposit 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, 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.
XII. Portrait Care and Additional Prints a. Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client. Keed Photography will not be responsible for damaged photos and is not obligated to replace any damaged photos. Reprints or additional prints of photos are available through Keed Photography for an additional cost.
a. Keed Photography reserves the right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Keed Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be nonrefundable.
XIV. Severability a. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
XV. Miscellaneous a. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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. Governing Law. This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Nevada, without regard to its conflict of laws rules.
The terms and conditions stated in this agreement is subject to change at any time and without notice. If you have any questions or concerns, you may access and refer to this agreement at any time through our website www.keedphotography.com/termsandconditions.