Terms & Conditions – This document will be emailed to you for your records.
Appointments, Rebooking and Cancellations. When booking a session, Client agrees to sign this agreement and pay the non-refundable session fee. Because Stacy Kaat Photography (SKPHOTO, LLC) can not take other clients during the time booked for Client, it is important to notify SKPHOTO, LLC as soon as possible of any change in schedule. If Client gives SKPHOTO, LLC less than 7 days notice of a change in schedule, Client may be required to pay a rebooking fee. If Client cancels without rebooking, SKPHOTO, LLC will retain the non-refundable session fee.
Included Services. SKPHOTO, LLC will provide the services and digital photo files paid for and will be happy to answer any questions regarding the services before, during, and after the service.
Photograph Ordering Session. Session photos will be reviewed with Client and made available for purchase within 10-15 days of the photo session. The Ordering Session is the only time the digital photo files will be available for purchase at the price stated in the package. If Client requests a second Photograph Ordering Session there is a $150.00 session fee and digital photo files will be available at the current purchase price.
Archiving Photographs. SKPHOTO, LLC will archive the Client’s purchased digital photo files for one year from the date of the photo session.
Price and Payment. Unless otherwise agreed in writing, all fees must be paid in full at the time of ordering.
Copyright and Professional Use License to Client. Under the US Copyright Act, SKPHOTO, LLC owns the copyright of the digital photo files. SKPHOTO, LLC grants Client the right to reproduce, modify, display and distribute the purchased digital photo files as part of Client’s professional and personal identity, including but not limited to ads, business profiles, social media pages and accounts, and to create prints for Client’s professional and personal use. “Modify” means that Client may resize photographs and make minor changes to the photographs. Client will identify “Stacy Kaat Photography” as the creator of the photographs and will not remove any copyright notices on the digital photo files.
Model Release. Client grants to SKPHOTO, LLC, her legal representatives and assigns, the irrevocable and unrestricted right to use, reproduce, display and publish the images of all individuals in the photographs taken under this Agreement, as part of Photographer’s gallery or portfolio of work and in other ways to promote Stacy Kaat Photography and SKPHOTO, LLC’s work. Examples of SKPHOTO, LLC’s promotional use may include, but are not limited to, display on Stacy Kaat Photography website, Facebook page or other social media, contests, competitions, gallery showings and product samples. Client hereby releases SKPHOTO, LLC and her legal representatives and assigns from all claims and liability relating to SKPHOTO, LLC’s use of the images contained in the digital photo files.
Photographer Assistants. SKPHOTO, LLC may hire and bring assistant(s) to the photo session to help with various tasks.
Use of Independent Contractors. SKPHOTO, LLC is not responsible for the actions or inactions of any third parties, even if the third party was provided by SKPHOTO, LLC, e.g. makeup artists, hair stylists, or photography assistant. This includes, but is not limited to, allergies to the products used by these parties.
Limitation of Liability. SKPHOTO, LLC is not responsible for compromised digital photo files due to causes beyond her control (e.g. weather conditions, existing backgrounds or lighting conditions) which may negatively impact or restrict the photography coverage. SKPHOTO, LLC shall have no liability for any damage to props or other items of Client’s property. If SKPHOTO, LLC is unable to deliver photographic materials due to technological malfunctions, including but not limited to equipment operation or image processing, or the photographic materials are otherwise lost or damaged, SKPHOTO, LLC’s liability shall be limited to the amount paid by the Client for the photography session. SKPHOTO, LLC shall not have any liability for damages arising from the failure of a third party to perform their services. In no event will SKPHOTO, LLC have any liability for any direct, indirect, special or consequential damages.
Indemnification. Client will indemnify and hold SKPHOTO, LLC harmless from and against any claim or action that Client’s use, distribution, reproduction, or modification of the digital photo files taken under this Agreement infringes the intellectual property rights of any third person. Client will indemnify and hold SKPHOTO, LLC harmless from and against any claim or action alleging that SKPHOTO, LLC’s use, distribution, reproduction, or modification of the photographs, when used within the scope of the release granted herein, violates any right of the individuals in the photographs.
Miscellany. This Agreement contains the entire understanding of the parties. Any modifications to this Agreement must be in writing and signed by both parties. Any waiver of a breach or default of this Agreement shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Wisconsin. Any action to enforce the terms of this Agreement will be in the state or federal courts of Wisconsin.
Attorney’s Fees. The prevailing party in any action under this Agreement shall be entitled to recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
I have read, understand and agree to the terms and conditions of this Agreement. I am the parent, legal guardian or otherwise authorized to give the model release for any minors or other parties identified in this Agreement.
The person signing as Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
By digitally signing this document you confirm that you have read, understood and agreed to the terms and conditions of this Agreement.