TERMS
Services: Photographer shall provide Client with above selected package (known as “Services” in this Agreement):
● Photography Session
● Professional Image Editing
● Password Protected Online Gallery with unlimited digital downloads and access
Schedule: Photographer shall arrive no later than 15 minutes prior to photography session, to provide Client with Services. If Client is more than 20 minutes late for Services, then Client forfeits his or her Services and any and all fees paid to Photographer. Photographer may, at their sole discretion, allow Client extra time for Services if Client is late. Photographer shall send Client an invoice for any extra time Photographer stays past the allotted time for Services.
Photo Storage: Digital copies of photographs produced in the course of fulfilling this Agreement will be stored until delivery of final photos and/or products. 6 weeks after your photoshoot, Client releases Photographer from any and all liability for lost or damaged files or photographs. Hard copies of photographs and/or film rolls produced in the course of fulfilling this Agreement will be stored by Photographer until 6 weeks after your photoshoot. 6 weeks after your wedding, Client releases Photographer from liability for lost or damaged files or photographs.
COST, FEES AND PAYMENT
Cost: The total cost of your Family Package we have agreed to in email is due in full before your session date.
Fees: Photographer’s hourly rate is £25 per each hour spent on Client’s Services over the allotted amount of time purchased (After the photographs have been handed over and upon clients request). Photographer makes reasonable efforts to retouch and edit Client’s photos in a tasteful and professional manner before delivery of Client’s final photos. If Client requests further retouching or edits after delivery of Client’s final photos, then Client agrees to pay Photographer for any additional changes Photographer makes at Photographer’s hourly rate. If Client implicitly or explicitly requests Photographer to continue Services beyond the hours set forth in this Agreement, Photographer will invoice Client for additional time.
Expenses: Any expenses incurred by Photographer while providing Client with Services will be invoiced to Client in a timely manner. Such expenses include travel fees, airfare, gasoline, and hotel stays for on-location photo shoots or more miles away from postal code AL7. Client is responsible for paying for and delivering any third party products or props Client wishes Photographer to utilise. At Photographer’s discretion, Photographer will make reasonable efforts to integrate Client’s suggestions.
Late Fees: If Photographer does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Photographer does not receive payment. If Photographer has made reasonable attempts to notify Client of Client’s outstanding balance, and Client’s balance remains unpaid or partially paid, then Photographer reserves the right to send Client to collections for any and all outstanding payments. Client agrees to pay for all Photographer’s reasonable collections and legal costs encountered while attempting to collect against Client.
● For example, Client owes Contractor £1000 due on April 1 and fails to pay by April 14th. On April 15th, Client owes Contractor £1015. On April 16th, Client owes Contractor £1030.23. On April 17th, Client owes Contractor £1045.68, and so on.
Delivery: Photographer shall deliver Services in a reasonable amount of time. Client must respond to any Photographer communication within a reasonable amount of time. If Client fails to respond to Photographer within 14 calendar days; for feedback or any other Photographer request(s), it is within the Photographer’s discretion to delay or cancel a Client’s Services.
Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
Relationship of the Parties: Photographer and any related subcontractors are not employees, partners, or members of Client’s company or organization. Photographer has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Photographer has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes, registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Photographer.
INTELLECTUAL PROPERTY
Copyright: Photographer owns the copyright in any and all photos he/she takes pursuant to federal copyright law Any and all photographs produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer to use in the reasonable course of business.
Non-exclusive License: Photographer grants to Client a non-exclusive, worldwide license of photographs produced with and for Client for personal use so long as Client provides Photographer with attribution each time Client uses Photographer’s property unless and until Photographer assigns her copyright to Client. Photographs will be deemed properly attributed to Photographer when it would be obvious to any reasonable observer, reader, or viewer that Kirsty-Kay Photography provided the photograph for Client’s use.
Prohibited Uses of Photographs: Some uses of Photographer’s property are expressly prohibited in order to maintain the integrity and quality of Photographer’s reputation and work.
● Any resale of the photographs through direct or indirect means, including, but not limited to: selling the photos as stock photography; selling or allowing use of the photos by a third party such as a corporation or advertiser.
● Any illegal assignment of Photographer’s work, such as allowing third party use of a photograph online or in print without attribution.
● Any use of photographs, personally or otherwise, which does not include attribution to Kirsty-Kay Photography
● Client expressly agrees not to produce derivative works of Photographer’s property, such as, but not limited to, photographs of a photograph, scans into a computer, unauthorized photo collages or other works that incorporate a substantial portion of Photographer’s property in a way that distorts or denigrates the photograph’s high resolution.
● Any use deemed unreasonable or defamatory, at the discretion of Photographer.
● Any retouched or further edits of photographs that materially alters the composition of the photograph, such as by applying filters, changing the colors or other means of degradation, as determined by Photographer.
● Client will not purposefully try to hide or otherwise conceal attribution to Photographer, such as by printing attribution in such small print or font that the source of the photograph is not readily apparent to the reasonable viewer.
Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
RELEASES AND LIMIT OF LIABILITY
Exclusivity: Client understands and agrees s/he has hired Photographer exclusive of any other service provider for the Services listed in this Agreement, and no other photographers, other than any assistant or third party that Photographer has hired to complete the Services, are permitted to provide the same Services, paid or unpaid, unless prior permission is granted by Photographer. Client accepts and agrees that third-party photographers, whether professional or not, may impede Photographer’s access to the clients for crucial photos, and it is Client’s responsibility to ensure Photographer always has the best angle and/or position as determined by the Photographer. If the Photographer feels its work is being compromised, Photographer has Client’s permission to approach Client(s) to ask them to remove the obstructive party or parties.
Artistic Release: Client has spent a satisfactory amount of time reviewing Photographer’s work or past client reviews and has a reasonable expectation that Photographer’s Services will produce a similar manner and style of aesthetic for Client. Photographer will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Photographer’s current portfolio and Photographer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
● Every client and photoshoot is different, with different tastes, budgets, and performance needs; and
● Styling and photography are a subjective art and Photographer is an artist with a unique vision, with an ever-evolving style and technique; and
● Photographer will use his/her personal artistic judgment to create styled areas for Client, which may not include strict adherence to Client’s suggestions; and
● Dissatisfaction with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
● Photographer will retouch and edit photographs as part of her Services. Photographer reserves the absolute right to decide how and why any photo is retouched or otherwise edited. Client may make retouching or editing suggestions to Photographer but Photographer is not obligated to adhere strictly to any Client suggestion.
Loss of Photos: In the rare event that any or all photos are lost, such as damage to camera or equipment, stolen camera or equipment, or damaged film rolls, Photographer shall refund Client the corresponding percentage of lost photos. For example, if 30% of the original photos taken are lost, Photographer shall refund 30% of the Total Cost.
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.
Indemnification: Client agrees to indemnify and hold harmless Photographer, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement. Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees, or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Photographer to pay for any such damages.
Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
Assumption of Risk: Client expressly and wholly assumes the risk of the photo shoot they design and engage in with Photographer without limitation. For example, if Client desires to have Photographer shoot subject on a ski slope, Client and subjects expressly understand and agree that there are inherent dangers involved with skiing and hold Photographer and its agents, assigns, affiliates, and contractors harmless.
Model Release: Please see attached as Exhibit A.
CANCELLATION, RESCHEDULING, AND NO-SHOWS
Client Desires to Cancel or Reschedule: If the Client desires to cancel Services of Photographer for any reason at any time, then Client shall provide at least 14 Days Notice to Photographer in order to cancel this contract. Client may reschedule Services with at least 48 hours Notice. Providing Notice will not relieve Client of any currently outstanding payment obligations. Photographer will not be obligated to refund any portion of monies Client has previously paid to Photographer. If Photographer is able to re-book further services on or before Client’s final delivery date, Client may be issued a credit for future services with Photographer at Photographer’s discretion. Photographer has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling.
Photographer Desires to Cancel or Reschedule: In the event Photographer cannot or will not perform his/her obligations in any or all parts of this Agreement, Photographer (or a responsible party) will immediately give Notice to Client, and at the Photographer’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Photographer, no reasonable substitute is found, Photographer shall excuse Client of further performance obligations in this Agreement.
Weather Delay: In the event of a rain or weather delay, Client will be notified within 24 hours of any scheduled service that Services may be reasonably altered or rescheduled to fit the circumstances of the situation at the discretion of the Photographer.
Force Majeure: Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
No-Shows: If it becomes impossible for Photographer to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Photographer’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Photographer. If Photographer chooses to continue working with Client instead of cancelling this Agreement, Client agrees to pay a fee of £25 to restart the Services.
GENERAL PROVISIONS
Governing Law: The laws of United Kingdom govern all matters arising under or relating to this Agreement, including torts.
Notice: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
Email:
● Photographer’s Email: hello@kirstykayphotography.co.uk
Mail:
● Photographer’s Address: 154 Howlands, Welwyn Garden City, AL74RG
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Merger: This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments: The Parties may amend this Agreement only by the Parties’ written agreement with proper Notice.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorised entity, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
Client personal request for Photographer to not use any photos taken of 'Parties' anywhere(including social media, online, or in print.)
Kirsty-Kay Photography agrees and consents to this.
