Portrait Photography Agreement

Portrait Photography Agreement (download form)

  1. Retainer and Payment. In order to reserve your appointment time, all clients will need to submit a non-refundable retainer of $75.00 in order to book and hold your portrait session date. Upon receiving your retainer, I will reserve the time and date agreed upon exclusively for you. Dates are not guaranteed until your retainer is received. I will only hold a date verbally for forty-eight hours, after that time if your retainer has not been received, I will open up that space for other clients. I will email you an invoice for your retainer or if you prefer, retainers can be mailed directly to me at this address: Kate Kelley Photography 32 Geraldine Drive Norwood, MA 02062. Checks can be made payable to Kate Kelley Photography. The retainer will then be subtracted from your final balance. Balance is due in full the day of your session. If the remaining balance is not paid in full within twenty-four hours please note I reserve the right to place your order on hold delaying the delivery time of your final gallery and/or I may cancel your order at my discretion if your final balance is not paid within twenty-four hours and your retainer will not be refunded.
  2. Cancellation. If you need to change or cancel your appointment, please do so at least forty-eight hours prior to your session. Your retainer will then be applied to a new date. If you need to cancel and do so less than two days prior or do not come to your scheduled appointment your retainer will not be applied to a future session and will not be refunded. If you are ill or have an emergency please contact me as soon as possible so I can do my best to accommodate you IF I am able. Please note additional retainer fees may apply to scheduling a new date. I cannot guarantee I will be able to reschedule sessions that do not cancel within the cancellation window.
  3. Late Arrivals. It is important to arrive a few minutes prior to your scheduled time. Late arrivals will have that time deducted from their allotted session time. If no one has arrived after fifteen minutes, your session will be canceled and your retainer will not be refunded or credited for a later date. Please note if you are scheduled for a mini session and arrive more than five minutes late, your session will be canceled and your retainer will not be refunded.
  4. Cameras and Cell Phone Use. I do not allow anyone to take photographs with cell phones or any other cameras during sessions or in my studio. I reserve the right to terminate a session immediately if someone is taking pictures and your retainer will not be refunded.
  5. Weather. Outdoor sessions that are canceled due to poor weather conditions will be rescheduled as soon as possible. The decision to reschedule due to weather conditions will be at my discretion. Sessions may need to be rescheduled due to rain, strong winds or extreme temperatures and/or humidity. If your session needs to be rescheduled due to poor weather, I will provide alternate times for a makeup date. Because weather is not within my control, if you are not agreeable to rescheduling during the make-up dates that I have available, your retainer will not be refunded.
  6. Artistic Rights. I retain the right of discretion in selecting the photographic materials released.
  7. Photographic Materials. I do not release RAW unedited images under any circumstances. I will select and edit the best and most flattering images from your session and release those agreed upon number of images based on the package you purchased. Please note I do not deliver proofs. Images delivered via your final gallery will be your final edited images. All digital albums are delivered within ten business days of your session with the exception of senior portraits. Senior Portraits will be delivered digitally within fifteen business days of your session. If you need a rush order on any portrait package, you must specify that when booking your session. A $50 rush order fee will apply.
  8. Use of Images for Marketing/Advertising. I will retain the copyright of 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 submissions and use, Kate Kelley Photography social media accounts or for display on my website and/or in my studio. If you do not wish to have your images shared on Kate Kelley Photography social media accounts, my website or other marketing materials you must discuss this with me the day of your session and confirm this with me in writing via email at kate@kkelleyphotography.com
  9. Editing. Edits include minor natural edits that I deem necessary. I routinely will do minor edits such as skin touch ups, basic lighting changes and/or another minor edit/s. I have a natural photographic style and no major Photoshop edits or/or special effects will be added to my images. Any questions please feel free to discuss this with me at the time of booking. If you would like any specific additional edits, you must discuss this with when booking your session and additional editing fees may apply.
  10. Printing. Purchasing prints directly through your online gallery is strongly recommended. I cannot guarantee or be responsible for the quality of prints that are not purchased through your online gallery. Please be advised that ordering prints from local printers, pharmacies, etc., will likely change the overall quality of your prints.
  11. Storage. Online galleries are active for sixty days. During this time, you may purchase prints through your gallery and/or download your images if you have purchased a package that includes digitals. You are responsible for ensuring your photographs are properly stored and backed up after delivery. All print orders must be purchased within sixty days. If for any reason you need an extension to the sixty days you must request so in writing by email prior to your gallery’s expiration date. A storage fee may apply. Please note, I am not responsible for storing photographs after sixty days and I may permanently delete images at my discretion after that time.
  12. Client’s Usage. You may use your prints, including digital files, in accordance with the permissions within this agreement. Your prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize use of these images in any other manner without my authorization. I will provide a digital file print release only (if applicable to your purchased package), you must act in accordance with the release. Any questions regarding this policy please speak with me at the time of your booking.
  13. Copyright. Under the Federal Copyright Act of 1976, I retain the copyright of all the images I create. My images are not to be edited or altered in any way. This includes copyright infringements such as but not limited to; unauthorized editing, cropping, screen shots, applying filters and/or any other alteration of my images. Doing so may result in fines and/or further legal action.
  14. Social Media. Any images uploaded to social media must be uploaded by me and must be watermarked. You may share my blog post links and Facebook/Instagram albums through use of the share functions and dissemination of direct links. Any images displayed on social media must retain my watermark to protect the images from theft, duplication and/or unauthorized use.
  15. Studio Policies and Client Behavior. All clients including children are expected to adhere to all studio policies when in the studio and on location. Damage to equipment and/or studio property by clients (including children) will be the client and/or guardian’s responsibility to reimburse Kate Kelley Photography for full replacement. I reserve the right to end a session immediately due to unruly or unsafe behavior and your retainer will not be refunded or applied to another session.
  16. Client Participation. I am not responsible for subjects that are unwilling to participate (including children) and payment for the session is still required.
  17. Failure to Perform. If I am unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond that are out of my control, I will make every attempt to reschedule your session as soon as possible. If I am not able to reschedule your session due to illness or any other event that leaves me unable to fulfill this agreement, I will return your retainer and shall have no further liability. Furthermore, if I am unable to deliver photographic materials due to technological malfunctions, including but not limited to equipment malfunction or otherwise lost or damaged equipment without fault of the Photographer (Kate Kelley), liability shall be limited only to the price you have paid to date.
  18. Senior Yearbook Deadlines. Once seniors have selected their chosen image for the yearbook it is their responsibility to notify me of their selection at least two weeks prior to their school’s yearbook deadline. (For example, if your school’s deadline is December 1st, you must notify me no later than November 17th if you’d like me to submit your photograph for the yearbook). It is the responsibility of the senior/parent to ensure this deadline is met. I am not responsible for yearbook submissions that do not meet this deadline and I will not submit yearbook photos after this time frame. You are responsible for knowing and understanding all of your high school’s yearbook policies.
  19. Portrait Package Pricing. Prices are subject to change. Current pricing that is in effect at the time of booking and when your retainer was received will apply. Inquiries made without booking an appointment and/or paying the retainer to officially book an appointment are subject to the current applicable pricing when the session is scheduled.
  20. Travel Fees. The Client shall pay the agreed upon travel fee if the session is outside the photographer’s local area. This is to be discussed, agreed upon and specifically listed on your portrait agreement. Travel fees are due with your retainer or no later than ten days prior to your session.
  21. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. I reserve the right to refuse locations and/or any actions during a session that I deem unsafe or inappropriate for myself or the clients I serve.
  22. Receipt and Acceptance of this Portrait Agreement. All clients and parents of clients under 18 (including high school seniors) are responsible for understanding all of these policies. Please note that all of these studio policies are in effect and clients are responsible for knowing and understanding them as well as abiding by them. Failure to sign this agreement, familiarize yourself with these policies or claim you were unaware of them will not nullify any of the policies in effect at Kate Kelley Photography.