Standard Session Contract
A. Retainer & Session Fees
Client agrees to pay photographer a retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer that goes toward your total session/event price. The balance is due at the end of the session "photo shoot". The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images to be stored through Onedrive and/or Private online album. Additional editing is available at additional expense to be determined by photographer. Should a client not be satisfied with the "edit" and/or creative approach of the photographer in regards to retouching, photographer holds the right to charge a flat fee of either $25-50 re-edit fee per photo. Additional prints or digital images may be available for purchase.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment for any location. Session fee covers travel within 25 minutes of Timmins, ON, city center. Any location outside of these limits will be subject to an additional charge of $.48/KM + $10-50 fee as part of the agreement. Any prop or item purchased by the photographer for the purpose of the session will be billable to the client at the end of the session.
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 72 hours prior to their shoot without penalty. Should client fail to give reschedule within 72 hours, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Retainers will not be refunded. Should client and photographer not agree to a rescheduled date & time, retainer will be held as credit on their account, however for when the session/event is reschedule, payment in full minus the original retainer will be required prior to the session. Should a reschedule not occur within 120 days or 4 months, client will forfeit credit. Some exception apply in extreme and uncontrollable situation.
After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
All payments are due in full unless payment arrangements have been made. Print orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received unless an arrangement is made.
Photographer is not responsible for the damage of portraits or prints after delivery to client, including damage caused during transit by Canada Post mail or any courier. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release
I hereby give to Cory Kingsbury Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child and/or spouse in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
J. Copyright & Cory Kingsbury Photography
...retains all copyrights to all images created during client’s session. A print release (if applicable) will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Cory Kingsbury Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer:
I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.