below is the contents of the Photography Services Agreement for portrait sessions

if there is any discussion needed in regards to this agreement, it will need to take place prior to your session

ENTIRE AGREEMENT

This agreement contains the entire understanding between the Client and the Photographer. It supersedes all prior agreements between the parties or with representatives of the Photographer. The only way to add or change this agreement is to do so in writing, signed by all parties.

It is understood that Kim Skirha Photography is the exclusive, official photographer retained to perform photographic services requested on this contract. Client further agrees and understands that no other party other than Photographer may take pictures of any poses, lighting situations, or set-ups made by the photographer.

Client agrees to pay the fees as outlined above for the Photography Session. Client understands that by entering into this agreement, Photographer is foregoing other jobs. In the event of cancellation by the client, the session fee is non-refundable. In case of postponement, all monies will be credited towards the new date. Forty-eight (48) hours notice of postponement is greatly appreciated. 

Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, and without restriction to use on websites, social media, business cards, or posters.

Client understands that no part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made. 

Client understands that original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions. 

Client will receive photos through an online digital gallery with print release for personal use only. Downloaded files from the online gallery will be images for printing and may be used for websites, social media, or email.

Client understands that when publishing photos online, i.e. personal website, social media, etc., client will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc. In the absence of the Photographer’s watermark/logo, photo credit is expected.

Client is responsible for making a backup of all photos downloaded from the online gallery. Other archive options, such as USB drives, CDs, DVDs may be purchased from Photographer. Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained  indefinitely. Backup copies are for client use only and may not be distributed to others. Online galleries will be archived after ninety (90) days. A $25 fee will be charged if retrieval of the digital gallery after that ninety (90) days is requested.

CONFIRMATION

A signed “Contract for Photography Services” and payment of the booking fee are necessary to confirm the stated services from the Photographer.

COOPERATION

Client and Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. 

Photographer has the right to end a session, without refund, if there is lack of cooperation or respect.

Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.

The charges in this Agreement are based on Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time the order is placed.

In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.

COPYRIGHT LAW

Client understands that the copyright of all photographs remains with the Photographer. The images taken by the Photographer are for personal use by the Client. It is ILLEGAL to copy or reproduce these photographs without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.

Photographer retains copyright to all photographs. Printing and/or distribution rights granted as noted below.

DIGITAL IMAGE AND PRINTS TERMS OF USE

Client may not reproduce the gallery or files in any way outside of means of storage or archival. The image downloads from the online gallery is intended only for the use of the Client to print photographs (as noted in the release).

Client understands printed photograph quality will depend on where it is printed. Only prints printed through Photographer will be guaranteed for color and quality. Client may print images at the professional photo lab of choice (excluding one-hour labs at super markets and pharmacies).

Client understands that photographs may not be used by Client for advertisement without Photographer’s written permission and may require an additional fee. Credit to “Kim Skirha Photography” must be given for the photograph. 

Client understands that photographs may not be entered in photo contests without expressed permission from Photographer.

Client understands that sale, publication or any commercial use of photographs is not allowed without prior written permission from the Photographer.

MODEL RELEASE

The Client grants the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs created in this session of the Client, Client’s child or children, or in which the Client may be included for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client hereby releases the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

DUTY OF CLIENT

Client will obtain all permissions necessary for determined location(s). Photographer has no duty to obtain permissions at reception centers, churches, buildings, properties, or other locations to operate thereon. Client agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent the photographer from photographing, is not the fault, liability, or responsibility of photographer.

Client will book a proofing session or review proofs online within 2 to 4 weeks of notification. Photographer retains the rights to edit the photograph and omit any images prior to proofing.

LIMIT OF LIABILITY

If photographer cannot supply the photography services specified above due to weather, is too ill, becomes injured, or in case of an emergency the Photographer will reschedule and credit all monies towards the new session date. 

In the event that the Photographer in unable to complete the photography session, the Photographer will refund all monies paid, excluding expenses, to the client and shall have no further liability with respect to the Agreement unless both parties agree to reschedule all or part of the session to a new date. 

The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.