In the following terms & conditions “the photographer” shall mean Kelsey Graham as Kelsey Graham Photography. These terms & conditions cannot be varied in any way by the client unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
2. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.
ii. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screen shot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images.
iii. If Client is obtaining a print for reproduction or publication, Photographer authorizes Client to reproduce the print only as agreed upon by Client and Photographer. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee of $250.00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due before your session date.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
4. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the due date to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional that will be agreed by both parties.
5. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
iii. Client will receive access to a private online photo viewing gallery. Here you can order prints and products from our trusted pro lab and delivered right to your door. Depending on package options, images may be available for high resolution download with print release. Web-sized files are complimentary for easy sharing onto social media sights. Photographer retains the right to edit the photographs as she sees fit based on experience and exertise and omit any image(s) that do not meet her standards.
6. ON THE DAY
i. The photographer will take few photos during meal times and may use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
7. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
i. We understand that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform Kelsey Graham Photography no later than 2 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period at no extra charge.
ii. In the event of a cancellation, retainer fees are non-refundable.
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.
ii. After 12 months from your session date Kelsey Graham Photography will no longer be responsible for storing your image files.
i. Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Washington.