The following outlines the booking terms and conditions for booking a mini session with Captured Kindred Photography.
Photography Session Fee:
The Photographer will take a series of photographs of the Client and/or the Client's children or other individuals of the Client(s)’ request for a single photography session (“Mini Session”) on the date and at the location posted in the booking listing. The Client agrees to purchase the minimum package as described on the booking listing, with an option to purchase further images if desired.
Mini Sessions are paid in full at the time of booking at the rate posted in the booking link. They are non-refundable. Should the Client no longer be able to attend the session as agreed, the amount will convert to a gift card towards a future session. Except as described in this agreement, there are no refunds or returns on services provided or other items purchased.
Delivery of Images:
The Photographer agrees to deliver online proofing images (i.e. watermarked, low-resolution digital images) (the “Proofing Images”) to the Client no later than 14 days after the Photography Session. The Client understands and agrees that the Proofing Images are the exclusive property of the Photographer. The Client has no rights to the Proofing Images except for a license to review them, and should not store or otherwise retain the Proofing Images, nor to post or otherwise share the Proofing Images. The Client agrees to select a package (as explained in Photography Session Fee above) and the corresponding images within 10 days of receipt of the Proofing Images. The balance of any outstanding payments must be paid in full before the high resolution, non-watermarked JPEG images ("Final Images") are delivered to the Client. Within 10 days of receipt of the selection of the Package and desired Proofing Images, the Photographer will make available the Final Images to the Client. The Final Images must be downloaded by the Client within 30 days from the date they are made available to the Client, after which time the images will be removed from the online download site.
Copyright and Use of Images:
The Photographer retains the copyright to all images produced by the Photographer from the Photography Session. The Client is permitted to make personal copies of the Final Images received. The Client understands images from the Photography Session cannot be used for profit or advertising by the Client, unless otherwise agreed upon. The Client gives the Photographer the right to use images from the Photography Session in her Photography portfolio for promotional purposes for her Photography business, unless expressly prohibited by the Client in writing in advance of the Photography Session. This includes social media sneak peeks and website. For clarity, the Client acknowledges and agrees that publication of the images confers no rights of ownership, royalties or other compensation whatsoever. The Client releases and holds harmless the Photographer from all claims and liability relating to these images. The Client represents and warrants that they are the parent(s) or legal guardian(s) or parent/guardian authorized representatives of any Children participating in the Photography Session and, as such, has the full authority to consent to their participation in the Photography Session. This authority consents and authorizes the Photographer to take and use photographs and/or digital images of the Children in accordance with the terms of this agreement.
Artistic License:
Due to the limited and subjective nature of photography, the Photographer does not guarantee the delivery of any requested or expected photographs. The Photographer reserves the creative rights to edit and release only those images deemed as professional in quality and within the photographer’s artistic standards. Editing will include changes to exposure (brightness), straightening, colour correction, cropping and minor spot removal. The Photography Session Fee does not include extensive editing in Photoshop, such as (but not limited to) body/hair altering or removal of backgrounds or specific visual items (e.g. unwanted accessories, clothing). Such requests will incur additional fees.
Archival:
Upon delivery of the Final Images, the Client will be entirely responsible for the originals and all copies of their images, and the Photographer will not be required, in any event, to reproduce or replace any such images that are lost, stolen or destroyed. It is recommended that the Client make backup copies, and these copies will be subject to the limitations contained in this agreement.
Act of God:
The Photographer is not liable for their failure to perform under this agreement as a result of any circumstances, events or contingencies beyond their reasonable control. In the event the Photographer fails to perform for any other reason, the Photographer should not be liable for any amount in excess of all monies paid.
Safety:
The Client is responsible for his/her/their own safety while at the Photography Session. The Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the Photography Session itself or anything related to the session.
Acknowledgement:
In the event of any breach of this agreement by the Client, the Photographer shall be entitled to terminate this agreement and retain any other monies paid by the Client hereunder. In addition to the other remedies expressly stated in this agreement, the Photographer shall have all other remedies available to it at law or in equity upon the breach of this agreement by Client. In no event shall the Photographer be liable under this agreement for any consequential, incidental or punitive damages, or for lost profits.This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If any provision of this agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
I agree to the above terms and conditions, and acknowledge that I have received, read, and understand the Photographer’s current pricing and terms.