Terms of Service
Terms of service are also subject to and apply to standard session contract (below) and any liability contracts signed by client. All clients using my services automatically consent and agree to the standard session contract, Cory in his best efforts however will present the contract for better transperancy. Once payment is collected in full, it’s non reversible. Services are considered rendered once photos are delivered to client. If client is unsatisfied with photos, CK (Photographer and/or Cory Kingsbury) may offer a reshoot as compensation but no refund will occur. All Sessions include high resolution digital copies delivered via digital download, no prints are provided unless otherwise discussed.
Retainers (sometimes referred to as a "deposit") reserves the date/set time discussed with Cory. If session is outdoors and weather is not permitting for session to take place, client(s) and Cory will reschedule without any additional fee.
If client(s) cancel due to illness or a situation that prevents the session, they have 72 hours from cancelation time/date to reschedule, if a second cancellation occurs or no attempt at rescheduling session is made within an additional 48 hours from cancelation time/date, client(s) will forgo their deposit. Deposits are non-refundable.
Cory Kingsbury Photography reserves the right to change and/or remove any content, price or package without notification.
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 10 KM 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.
All information captured will remain confidential. Your email may be used for communication purposes, marketing and promotions. To unsubscribe, email firstname.lastname@example.org. Acquiring and using my services automatically assumes and gives consent to use images captured in sessions for website and social media purposes. All terms in standard session contract apply during and after services while/are provided/rendered. Photographer (CK and/or Cory Kingsbury), in his best efforts, will ask client(s) to to review the standard session contract and capture signatures for better transparency only.
Once partial and/or full payment and/or deposit (retainer) is collected, it’s non reversible or refundable. Services are considered rendered once photos are delivered to client. If client is unsatisfied with photos, CK (Photographer and/or Cory Kingsbury) may offer a reshoot as compensation but no refund will occur.
THE FOLLOWING IS PENDING BUT IN EFFECT AND MAY CHANGE WITHOUT NOTICE: Prints ordered from Cory Kingsbury Photography are non-returnable once paid. Unfortunately, I can not guarantee the quality of the prints as I use a third party lap via Pixieset. I may in some cases provide a partial credit depending on the severity of the print and it's quality. ALL SALES ARE FINAL.
Gift cards or Gift certificates are non-returnable and/or refundable once purchased. Can be used towards any service and product provided/sold by Cory Kingsbury Photography.
The Client and/or Buyer may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. All images posted on social media require a direct link or credit towards Cory Kingsbury Photography. Buyer shall not copy, download, screen shot, or capture the photographs in any other fashion. Buyer also shall not crop, edit, or add filters to any photographs. This includes Facebook’s “automatic” filter. If you do so, you may be subject to a fine per photo.
CKP Rewards - Loyalty and Referral Program
By using Cory Kingsbury Photography's services and participating in the Loyalty & referral program, you agree to all the following terms and condition: Cory Kingsbury Photography reverses the rights to end this program without notice without compensation and/or modify the rules of the program without notice. Some clients may be excluded from this program or exempted from receiving pts (points). PTS; pts (points) can only be earned on current INVESTMENT page pricing, any old quoted or discounted price for sessions that are booked and completed will not earn pts; points, promotional offers may be excluded from program. Completed refers to a session that has been completed where delivery of finished product has occurred and transaction is considered done or completed. Points can only put used towards lifestyle sessions, points can not be used towards engagements or weddings nor any package of any sort. *The definition of a lifestyle sessions is typically any session with a service charge of under $400. With respects to limits above, Cory Kingsbury Photography reverses the rights to only use the set limits mentioned or up to 25% of total wallet per booked session. **Should clients choose to booked wedding after completed engagement session, client will only earn an additional 400 pts. ***A successful referral is when the referee's name is mentioned by a new client upon enquiry, pts will only be earned by referee when new client has completed a session. A referee can be a new or existing client however can not be immediate family (some exceptions apply to this rule). Points (pts) can not be used as a deposit method when booking. Commercial services or services provided to a business or organization is exempted from this program. Cory Kingsbury Photography reserves the right to dismiss any request(s) for pts collection from past clientele dating back before this program existed. - Oct. 2019
Should you wish to stop receiving emails and/or opt out of this program, simply email email@example.com
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 and PLEASE do not crop out my watermark. Thank you! - CK
Last updated - Sept. 2020