Session Booking Details
- Session fee's are non-refundable but are transferrable for up to 90 days from the original session date and upon the availability of the portrait dates listed above.
- Galleries will be sent via email within 10 busines days of your portrait session
- Online galleries will be available for 10 days. You may download web resolution or high resolution. It is best practice to download your images in high resolution. After your gallery has expired, a $50.00 fee will be assessed for reinstatement. Reinstatements can take up to 30 days depending on Gallery Availability. Your Gallery will be reinstated for 5 additional days and will be removed permanently when the 5 day reinstatement period has concluded.
- Stylized guides can be sent upon request
- Times may vary depending on session date, time and weather.
Location Access, Fees + Permits
If Client wants to shoot at a location that charges for access or requires permits, Client shall be responsible for all fees associated with shooting at the location, including but not limited to entrance fees and parking. Client shall also be responsible for organizing access to the location and any permits for doing so.
Intellectual Property
Copyright and Image use by Studio: The photographs produced by KevinChole Photography are protected per 17 USC 101 et seq. (US copyright law) and may not be reproduced in any manner without KevinChole Photography’s written consent. KevinChole Photography owns all the copyrights for any and all images produced in connection with the agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to clients or notification to clients before use. KevinChole Photography also reserves the right to publicly display the names of clients. As author of all images made hereunder and as provided by law, KevinChole Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other formation of reproduction. If there are any copyright violations by clients, without written consent of KevinChole Photography, Clients agree to pay a usage fee of $300 per image, per usage.
Limitations on Light
KevinChole Photography is primarily a natural light photography. Clients acknowledge that in the event that any part of the portrait session occurs at a time or in a location where there is an absence of natural light, KevinChole photography will have to use artificial light sources and images will look different than the natural light images Clients have seen in KevinChole photography’s portfolio. Accordingly, Clients acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetics criteria, or personal appearance.
Culling + Editing
After the portrait session, each image is put through a careful selection process, where KevinChole Photography selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicates are removed permanently immediately after KevinChole Photography completes this culling and editing process. KevinChole Photography color corrects and does editing on all delivered images in Adobe Photoshop. KevinChole Photography also retains complete control over which images are delivered in color and which images are delivered in black and white.
Additional Images/RAW Images
KevinChole Photography deletes all RAW images upon delivery of the final JPEG files to clients. Once KevinChole Photography delivers the final JPEGs to clients, clients accept all responsibility for archiving and protecting their images. KevinChole Photography does not permanently archive files.
Archival of Images:
KevinChole Photography deletes all RAW images upon delivery of the final JPEG les to Clients. Once KevinChole Photography delivers the final JPEGs to Clients, Clients accept all responsibility for archiving and protecting their images. KevinChole Photography does not permanently archive image les
Cooperation:
Clients agree to cheerful cooperation and communication leading up to and on the wedding day. Clients shall designate an "event guide" to point out important individuals for informal and candid photographs, as well as gathering important individuals for family formals. KevinChole Photography does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during photography sessions. In the event that Clients ask KevinChole Photography to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, KevinChole Photography shall not be liable for images not taken that would normally have been taken during that time
Equipment Damage or Theft
KevinChole photography takes reasonable care to bring backup equipment. If Client or any of their guest’s damage or steal the equipment belonging to KevinChole Photography, it may result in early departure of KevinChole Photography. Clients understand that in the event KevinChole Photography cannot comply with the obligations of this contract due to equipment damage or theft resulting from an action of clients or of their guests, client will not receive a refund of any payments made. Client will also be responsible for the cost of any repair or replacement of KevinChole Photography’s equipment and KevinChole Photography shall be relieved from liability for failing to capture images due to the theft or damage of equipment by Clients of their guests.
Client Requests
KevinChole photography clients will collaborate in all schedules and arrangements of services to be provided. Any information provided and discussed is not part of this contract nor shall such information modify this contract. During the portrait session, KevinChole Photography will work to meet all of client’s reasonable requests and expectations; however, circumstances may prevent certain images from being created. It is important that clients understand that KevinChole Photography does not warrant that it will provide specific images or poses. Finally, If the day is behind schedule, KevinChole Photography may not be able to create all of the images Clients might otherwise receive. If Client requested images are not received due to scheduling delays or unforeseen circumstances, KevinChole Photography will be relieved of any liability.
General Model Release
Agreement: Between KevinChole Photography (The photographer) and Client Dated
The client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, reuse, publish, and republish photographic material which contain the clients images for promotional materials, online usage, and other areas of marketability. The client further authorizes the distribution of photographs to potential clients of photographer for portfolio purposes. The client hereby acknowledges and agrees that photographer may combine images with other pictures, text or graphics. The client also consents to the use of the client’s own name in connection with the aforesaid photographs. The client hereby releases any and all claims whatsoever in connection with the use of the clients photographs and name and the reproduction thereof as aforesaid. The client hereby waives any right that the client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied. The client further acknowledges that the client will not be compensated, either now or at any time in the future, for any use of marketing and that the photographer of such photos exclusively owns all rights. Client hereby releases, acquits, indemnifies, holds harmless and discharges the photographer from any damages, actions, claims, attorney fees, costs of suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in a any way whatsoever from the use of the Clients images. If any suit is brought challenging the enforceability of this agreement, Client aggress to indemnify photography for attorney fees and expenses.
Limited Reproduction and Print Release for Personal Use
KevinChole Photography grants limited reproduction rights of the copyrighted digital images governed by this contract to Nichole Cline according to the following terms: Personal Web Use: KevinChole Photography permits Client to post images governed by this contract for personal use on the web, provided that Client credits KevinChole Photography and provide a link back to the KevinChole Photography website, blog, or Facebook page. Personal Print Use: KevinChole Photography permits Client to print the high-resolution images governed by this contract for personal use in the following ways: prints, enlargements, greeting cards, photo gifts, photo books, and other personal items. No Alteration of Final Images: The alteration of the final image(s) through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited and is considered a copyright violation under the COPYRIGHT & IMAGE USE BY STUDIO provision of this contract. No Commercial Use/ Use for Monetary Gain: Commercial use on the web or in print, including commercial use by Client, entrance into any contest, display of images in any business related or commercial venue besides the client's personal residence, is strictly prohibited, unless Clients have obtained written permission from the Photographer. Personal use for monetary gain also is strictly prohibited, including sale of prints or other materials and use on a commercial website or revenue generating blog, unless Clients have obtained written permission from KevinChole Photography. Other Terms: Any other utilization or reproduction is especially prohibited without the express written consent of KevinChole Photography. Nothing contained herein shall be deemed a release of KevinChole Photography's copyright on any of the images. Commercial Printer: Any commercial printer is released from liability regarding the duplication of any of the images referenced above.
Artistic Release
Style: On Client's own behalf, and on behalf of the subject(s): Client acknowledges that KevinChole Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that Client is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the wedding/session, which vision may be different from Client's and/or the Subject’s vision of the wedding/session. Accordingly, Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. Consistency. KevinChole Photography will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with The Photographer's current portfolio and The Photographer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
1. services are often a subjective art and KevinChole Photography has a unique vision, with an ever evolving style and technique;
2. KevinChole Photography will use her artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
3. Although the Photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, the Photographer shall have final say regarding the aesthetic judgment and artistic quality of the Services;
4. Dissatisfaction with the Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
5. Images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
Limit of Liability
Maximum Damages: KevinChole Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of Client's images. However, in the event that KevinChole Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of KevinChole Photography’s control or KevinChole Photography's own negligence, KevinChole Photography’s liability shall be limited to a refund of all payments made by Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that Clients requested or that were noted in the questionnaire, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to Clients, and KevinChole Photography shall not be liable for the same.
Indemnification: To the fullest extent permitted by law, Client agrees to defend, indemnify, and hold harmless KevinChole Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is proximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by Client. In the event any such claim is made, and upon notice from KevinChole Photography, Clients agree to reimburse KevinChole Photography for the cost of defending such an action or proceeding, using counsel satisfactory to KevinChole Photography. This provision shall survive the termination of this agreement
Impossibility
Force Majeure. Notwithstanding the above, 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, such as, but not limited to:
1. A natural disaster (res, explosions, earthquakes, hurricane, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. 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. Failure to Perform Services. In the event KevinChole Photography cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: 1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and 2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and 3. Excuse Client of any further performance and/or payment obligations in this Agreement.
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Portrait Session and Services 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. Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.