-Terms and Agreements-
-For good and valuable Consideration herein acknowledged as received, and by signing this release I hereby give Katherine Elaine Photography and Assigns my permission to license the Images and to use the Images in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified.I agree that I have no rights to the Images, and all rights to the Images belong to Katherine Elaine Photography. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Katherine Elaine Photography. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of California.I hereby release, discharge and save harmless the photographer, his/her representatives, assigns, employees, or any person or corporation acting under the permission of the photographer, including any firm publishing or distributing the finished product, even though the finished product may be distorted, blurred, altered or used in composite forms, in conjunction with factual or fictional text. I hereby waive any right to approve the finished photograph or any copy which might be used in conjunction with the finished photograph.
-This release shall be binding upon my heirs, executors, legal representatives and assigns.Where the model is below the age of majority in the legal jurisdiction applicable to this agreement, the agreement has been signed or approved by the parent or guardian.I hereby certify that I am the parent or legal guardian of the above named model, and for value received I do give my consent without reservations to the forgoing on behalf of him, her, or them. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.Definitions:“MODEL” means me and includes my appearance, likeness and form.“MEDIA” means all media including digital, electronic, print, television,film and other media now known or to be invented.“ASSIGNS” means a person or any company to whom Photographer has assignedor licensed rights under this release as well as the licensees of any such person or company.“IMAGES” means all photographs, film or recording taken of me as part of the Shoot.“CONSIDERATION” means something of value I have received in exchange for the rights granted by me in this release.“SHOOT” means the photographic or film session described in this form.“PARENT” means the parent and/or legal guardian of the Model. Parent and Modelare referred to together as “we” and “us” in this release. Photo will be kept on site for 2 months for free after the 60 days they will be stored for up to 1 year of date of photos taken. If asked to redownload there will be a $100 fee.
-TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Katherine Spooner trading as Katherine Elaine Photography. “The clients” shall be those persons defined as- bride and/or groom and or family- and or children and or newborn depending on which shoot and package you choose where as acceptable on the form above. These terms & conditions cannot be varied in any way by the clients 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.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.\\ outside conditions for said photos will not be used against photographer.
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 $500.00 for wedding and $100 for anything there after 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 two weeks before the wedding day, or day of for family shoots, newborn, maternity and thereafter. cash or check or Venmo may be used.
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)
5. 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 wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital wedding packages family packages, newborn, and all other 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.
7. ON THE DAY (for wedding)
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. The photographer will not take photos during the wedding breakfast/dinner and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
iii. The photographer will stay to photograph beyond the first dance . Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
8. 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.
9. CANCELLATION FEES ( for all shoots)
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks to go until the wedding, the booking fee of $500.
iii. Cancellation with less than two weeks to go until the wedding date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
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.