headshot terms & conditions

Authority to sign

Each party has the authority to enter into this Contract and to perform all of their obligations under this Contract. If the model/subject is a minor, the legal parent or guardian has the authority to sign this Contract on their behalf.

Modifications

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 the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

Change of date or venue

The Photographer must be notified immediately of any changes in schedule or location, at least 24 hours prior to the scheduled date of shoot. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.

Payment and cancellations

The balance of the complete package price must be paid before or on the day of shooting, unless otherwise laid out in the payment schedule. If the Client is opting to pay in three installments, payment on the first installment (one-third of the overall total) is due before or on the day of the shoot. The Client understands that any cancellations made within 48 hours of the session start time will incur a $50.00 cancellation fee for which they will be held responsible. This is to compensate the Photographer for set up and preparation before or on the day of shooting. A cancellation fee will not be issued for extenuating circumstances such as severe inclement weather, family emergencies, personal injury, COVID exposure, or other illness. Time lost due to late arrivals will not be made up or refunded. Clients who choose our installment financing plan must select invoicing as their form of payment.

Failure to perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients, weather conditions, rules and restrictions of venue, or the rendering of decorations of the location. The Photographer will do their best to fulfill all requests but can make no guarantees that all images will be delivered.

Copyright

Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, social media, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. The Client understands that they may post images created under this contract with the condition that credit is properly and explicitly given to the Photographer. Any effort by the Client to obtain high-resolution images from the Photographer without compensation will not be tolerated.

Expenses

Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the shoot. Clients are responsible for all location fees and permits.

Garments and personal belongings

The Photographer cannot be held responsible for damage to garments or personal accessories due to environmental events. The Client is responsible to arrange personal assistance for garments. The Photographer cannot be held responsible for lost or stolen items during the shoot.

Creative license

Images are edited at the Photographer’s discretion and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. The Photographer also reserves the creative rights to crop images as necessary.

Force majeure

If the Photographer or their assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Returned checks

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 the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Viewing portfolio

Within a week after completing the session, the Photographer will provide the Client with private access to an online viewing portfolio containing images deemed professional in quality. After the Client selects their desired files, the Photographer will retouch the corresponding images and send digital copies to the Client within two weeks of selection.

Expediting retouched images

Clients may expect their purchased retouched images within two weeks after selecting their desired images. However, they can receive their photos within 48 hours with a $30.00 expediting fee.

Invoices & Late Payments

If the Client chooses to pay by invoice, the Photographer will invoice the Client before the day of the shoot. The Client agrees to pay their invoice(s) by the specified deadline(s), unless accommodations are made with the Photographer in writing beforehand. The Client understands that late payments are subject to a non-negotiable and non-refundable 5% DAILY interest charge of the overall transaction total each day after payment is due. The Client hereby agrees to pay said fines in the event of a late payment. Unpaid or overdue invoices may result in suspension or termination of services, or legal action if necessary.

Card on file

IF the Client chooses to save a card on file, the Client hereby authorizes the Photographer to charge the Client's card for any outstanding balance not paid before 11:59 PM EST on the day payment is due. A separate form will also be mailed to the Client in accordance with PCI-DSS and data privacy requirements.

Coronavirus (COVID-19) assumption of risk and release of seller from liability

While all parties are expected to self-screen any potential symptoms for coronavirus, the Client is aware of the highly contagious nature of COVID-19 and the risk that they may be exposed to or contract COVID-19 by being present during the event and engaging in a photography session. The Client acknowledges that they are voluntarily entering the event venue with knowledge of the danger involved. The Client hereby agrees to accept and assume all risks of personal injury, illness, disability, or death related to COVID-19, arising from their being present at the event venue, whether caused by negligence of the Photographer or otherwise. The Client hereby expressly waives and releases any and all claims, now known or hereafter known, against the Photographer and his employees, affiliates, and officers, on account of injury, illness, disability, or death arising our of or attributable to being present at the event venue and being exposed to or contracting COVID-19, whether arising out of negligence of the Photographer, his employees, affiliates, officers, or otherwise.

Feel free to contact me at ken@kbyphotos.com with any questions or concerns.