Terms & Conditions
By booking a session with Kat Photography, you are agreeing to the following terms and conditions upon paying your booking retainer fee. Any collaborative work agreed upon between the photographer and another vendor is still subject to these terms and conditions.
DEFINITIONS:
This Agreement is between Kat Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client confirms legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.
USAGE RIGHTS AND OWNERSHIP:
Client acknowledges Photographer as the Author of the Image(s) and the first and sole owner of all copyrights. The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. Usage rights to the Image(s) granted by Photographer to Client are specified in this Agreement.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD:
Client understands and agrees to a license to use the Image(s) as specified in this Agreement. Note that purchasing the copyright to the Image(s) will be significantly more expensive than any licensing fee. The term of the license begins upon full payment of the invoice and delivery of images.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
Client will not make any alterations to the Image(s) without prior express permission from Photographer. Portrait sessions include editing for color, crop, contrast, and exposure at the photographer’s discretion. Boudoir sessions include retouching at the photographer’s discretion.
GENERAL LIABILITY AND RELEASES:
Photographer will take all reasonable care in producing the Image(s) and performing this agreement but will not be liable for any loss, damages, or costs arising from Client’s use of any Image(s). Client will indemnify and hold harmless Photographer against any claims arising from Client’s use of any Image(s).
PAYMENT:
Full payment is due upon receipt of the invoice. No rights are granted until Photographer has received full payment, including any late-payment charges if applicable. Usage of any Image(s) before full payment is considered unauthorized use, subject to double the invoice total.
CANCELLATIONS AND POSTPONEMENTS:
A 50% retainer fee is due to hold your session date and is non-refundable. Cancellations result in forfeiture of the retainer fee. Reshoots require an additional fee.
FAILURE TO PERFORM:
If Photographer is unable to fulfill services due to unforeseen circumstances, Photographer will attempt to procure another professional. Photographer’s liability will not exceed the total amount paid under this Agreement.
KILL FEE:
Client agrees to pay Photographer all fees and expenses in connection with the assignment, whether or not Client uses any Image(s).
ARCHIVING DIGITAL FILES:
While Photographer may archive Images for up to 6 months, it is Client’s responsibility to properly store and archive them. Photographer is not liable for any claims arising from media supplied by Photographer becoming unusable.
DIGITAL FILE QUALITY:
Photographer will provide Image(s) in an industry-standard format suitable for reproduction. Client is responsible for verifying data suitability for reproduction.
SESSION TERMS:
Sessions will be conducted at an agreed-upon location. No other photographers/videographers are allowed without written consent. Client enters sessions at their own risk.
ACCEPTANCE OF TERMS:
Client may not assign or transfer this Agreement. No amendment or waiver is binding unless in writing and signed by both parties. E-mail and electronic signatures will be considered legal and binding.
This Agreement constitutes the entire agreement between Photographer and Client and supersedes all previous agreements.
By booking a session with Kat Photography, you are agreeing to the terms and conditions.