Contract / Agreement
This agreement is made between the client and Kenzie Lee Photography. All photographs will be shot in digital camera RAW format. Digital photos will be made available on a private online gallery available for download. The online gallery will be ready within 2 to 4 weeks turnaround time.
Deposit and payment. Upon your deposit payment, Kenzie Lee Photography will reserve the time and date agreed upon and will not make other reservations for that time and date. The client is required make a non-refundable deposit of 50% to the photographer to perform services. The full amount of the selected collection must be paid by the end of the photo session. No photos shall be released until full payment is made.
Cancellation. If client requests to cancel this agreement, the deposit will be applied to a mutually agreed upon reschedule date, with a $10 rescheduling fee. If the client cancels this agreement within 2 days or less prior to the date of the event, all payments made to Kenzie Lee Photography at that time will NOT be refunded. The client understands and agrees that the photographer will not book other sessions during this time. If the client cancels the session or fails to attend the session for any reason, the deposit will NOT be refunded.
Rescheduling/Late Arrivals. If the Client requests to reschedule their session, the deposit will be applied to a rescheduled session if notice is given at least 3 days prior to scheduled session. A $10 rescheduling fee will apply. Reschedules must be within the same calendar year. A new deposit will be made if the changed date is made past the end of the year of the original agreed upon session date. Any client that is late within a half hour for the session will keep the amount of time originally allotted for the session. If the session continues longer than the time alloted, the extra time will be charged.
Copyright and Reproductions. The photographer will own the copyright in all images created and will have the exclusive right to make reproductions for, including but not limited to, marketing, portfolio entries, sample products, or for display within or on the photographer’s website and/or studio. If the photographer desires to make other uses, the photographer shall not do so without first obtaining documented permission of the client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the photographer. {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102}
Client’s Usage. The client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use, or authorize any reproductions by parties other than the photographer. The client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion. Client must credit/tag Kenzie Lee Photography in any posts or shares of their own if the watermark is not visible within the photo.
Capturing Desired Photographs. The client(s) will be responsible for designating a shot list, if desired. The role of the shot list is to identify people/objects of whom/which specific photographs are desired. It is recommended that this is shared with the photographer 2-3 days before the session. The photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Kenzie Lee Photography is not responsible for key individuals’ failure to be present or to cooperate during the photography session, neither for missed images due to details not revealed to Kenzie Lee Photography.
Failure to Perform. If the photographer is unable to perform this agreement due to illness, emergency, unsafe environment, threat, or causes beyond the control of the photographer, the photographer will not be held liable for missing scheduled session coverage. If coverage and photographic services cannot be fulfilled by Kenzie Lee Photography, the photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the photographer, the limit of liability shall not exceed the contract price stated. Kenzie Lee Photography will not be held responsible for any ruined photographs due to any cause in or outside Kenzie Lee Photography's control.
Photographer’s Standard Price List. The charges in this agreement are based on the photographer’s standard price list. This price list is adjusted periodically, and future sessions shall be charged at the prices in effect at the time of booking.
Limitation of Complaint. Client will have thirty days after gallery delivery to make Kenzie Lee Photography aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality or contents. After this 30-day term has expired, Kenzie Lee Photography will no longer be liable to client for any corrections, damages, refunds, re-edits or re-shoots.
Indemnification. The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement.
To confirm your booking and acknowledge acceptance of this contract, please be sure that your photographer has received and confirmed your deposit. This agreement will be signed the day of the photo session. It is recommended you print a copy for your records.