Contract and Copyright

KIRSTEN STOKES PHOTOGRAPHY

CLIENT CONTRACT

Terms & Conditions

1. Deposit and Payment. Session fees are due upon booking and are non-refundable. Session fees cover time and talent only and secure your session date and current pricing. Images and products are sold separately. 
***For all newborn sessions, you must purchase either the disc of 20-25 edited images or the collection of your choice at the time of your session.

2. Cancellation. In the event of an illness, please call as soon as possible to reschedule. Kirsten Stokes Photography maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Requests for rescheduling or re-shoots are granted only at the photographer’s discretion. This decision must be made before the session or within the first 20 minutes of the session.

3. Travel and Additional Fees. The client is responsible for covering additional fees and costs related to location choice (admission fees, parking, etc.). Travel up to 25 miles from 94523 is included. There is an additional $25 fee beyond the 25-mile radius. Time and travel above this will be invoiced, including applicable bridge tolls. (Contact me for pricing, if needed).

4. Electronic Devices. Cameras, cell phone cameras, and camcorders are not permitted during sessions.

5. Client Proofing. Three weeks after the session, the photographer will post your proofs (at least 20) in a gallery online. This gallery will be hosted for 2 weeks. All orders must be placed during that time. There will be a $50 charge to upload the client’s gallery for extra time. Be sure to inspect the images very carefully. Once images and products are ordered, all sales are final. (All books, albums, frames, etc. are non-refundable. Since my products are custom in nature, orders cannot be canceled.)
**Specific newborn shots are not guaranteed.

6. Modifications. If the client has a request for a small alteration of an image, please let the photographer know when you place your order. The photographer can address minor changes at no cost (fix blemishes, tighter crop, etc.), but more involved requests are billed at $35/hr. The photographer will let you know if there will be extra charges before work begins. Once the requested changes are made, charges apply regardless of whether the final product is purchased.

7. Payment. The photographer will not begin design work or process orders until payment is complete.

8. Digital Images. If the client purchases the digital images, Kirsten Stokes Photography will provide a press release and printing instructions. To ensure the best print quality, avoid altering the images before printing. The photographer is not responsible for printing errors or for quality of prints or products printed elsewhere. Image files ARE NOT SOLD individually. The client must purchase the entire CD to have the printing rights.

9. Returned Checks. Checks returned by the bank, for any reason, will be charged a $25.00 service charge, and sessions/orders will be cancelled if they are not paid in full within three days of notification.

10. Copyright Laws/Model Release. Kirsten Stokes Photography retains the copyright on all images (even those purchased on a CD) and reserves the right to use the images for advertising, display, publication, or other purposes. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Studio/Photographer. Under no circumstances, can a client use these images for profit, commercial endeavors, professional display, or in competitions. Copying or scanning images from the client’s gallery, Kirsten Stokes Photography’s website or blog is considered stealing, regardless of the intent for use. NOTICE OF COPYRIGHT: It is ILLEGAL to redistribute these photographs for profit or use other than private consumption without the photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.

11. Liability. Client is aware that the quality of the end result print of the digital files delivered is not under the control of the photographer and frees the photographer from any liability for any claims whatsoever based upon discoloration in the end result print. The photographer is not responsible for the quality of services provided by its business partners.

 If the photographer cannot fulfill 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, 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. The client releases all employees of Kirsten Stokes Photography, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.

All images are copyright under the Federal Copyright Laws and subject to fines of up to $150,000 if breaking those laws. By signing this contract, you are agreeing not to copy, save, or reproduce images in any way. This includes copying and saving images from the website, blog, Facebook, or any other form of advertisement.

When you book a session, you are agreeing to these terms and conditions, including copyright, and the following statements:

I have read and understood this agreement, including the terms and conditions, and agree to be bound by them.

I am the parent or legal guardian of any minor(s) named above and have the legal right and authority to execute the model release stipulations named in this contract on behalf of the minor.

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