This agreement is between the Client, whose name and phone number is listed below, and Kim Tacheny Photography, here on out referred to as the Photographer.
PLEASE FILL THE FORM OUT BELOW TO AGREE TO THIS CONTRACT. NO PHOTOGRAPHY SESSION WILL TAKE PLACE UNTIL THIS CONTRACT IS SIGNED.
1. Retainer and Fees. The Client shall make a non-refundable retainer of €150 to the Photographer to perform the services specified herein. Note: Mini Sessions are due in full upon booking. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. Remainder of decided upon and designated session fee is due on the date and time of the session. Fees are not refundable.
2. Cancellation. If Client requests to cancel this agreement 2 weeks before the session date, the retainer shall be applied to a mutually agreed upon reschedule date (must be rescheduled that same calendar year. If Client cancels this agreement less than 2 weeks before the session date, the retainer shall be forfeited and the client shall pay the balance of the contract. Any other arrangements shall be discussed between the Client and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. Last minute “emergency” cancellations due to illness or acts of God will be given special consideration and potentially given an opportunity for rescheduling. In the event of illness or emergency on the photographer’s behalf, the client will be given an alternate session date or full refund.
3. Session Policies. Sessions will begin at the agreed-upon start time. Plan to arrive/be ready 10-15 minutes EARLY. Due to time constraints, sessions will be shortened appropriately in the event of late arrivals. Sessions are limited to immediate family members only. Due to increased editing time, additional family units can be added for €150 per family. All full sessions are up to 60 minutes in length. Please limit your family session to a single outfit per person (no wardrobe changes). An online gallery of your photos will be delivered within 3 weeks of your session date and will be active for 1 week after it’s post date. All orders should be placed within this 7 day period after which it will cost a €50 fee to reopen it.
4. Exclusivity. The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography session. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties.
3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied towards a rescheduled session if notice is given at least 2 weeks prior to the session. Rescheduled sessions must be within the same calendar year. Any cancellations made less than 2 weeks before the session date will result in a forfeited retainer and the client shall pay the balance of the contract in full. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session.
4. Creative License. Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
6. Intellectual Property. All images are copyrighted by Kim Tacheny Photography. Any full-resolution digital files included in your package will include a print release form that allows you to have the images printed at any location and in any medium. You may also post any purchased images on social networking sites (Facebook, Instagram, etc…) and/or personal websites and blogs. Because we retain the copyright to every image, you may not use them for advertising or other revenue-producing purposes without express permission.
7. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
8. Model Release. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait session. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, All Persons included in portrait session, and/or in which Client may be included, for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
9. 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 and sale use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print license, the Client must act in accordance with that license.
10. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion unless provided with written permission of Photographer.
11. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, 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, liability shall be limited.
12. 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 orders shall be charged at the prices in effect at the time when the order is placed.
13. Prints. Print availability is limited to corresponding purchased digital images only. For example, if purchasing a package with 10 digital images, prints may only be ordered of the ten purchased images. Print orders will be delivered to your home within two weeks of the order date. Due to the custom nature of photographic prints and products, all sales are final. If, however, there is any issue with a print or product ordered through me, please let us know so that it can make it right. Any prints or products not processed through our professional lab will not be guaranteed by us due to common color and finish discrepancies.
13. Travel and Overage Fees. Photographer will travel up to 30 kilometers miles from Almere, Netherlands for on-location sessions. If you’d like to schedule a session at a location farther from this, please request a travel quote.
14. 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, either on location, or on Photographer’s property. Client(s) will be responsible for themselves and their children and release Photographer from their person or their business.
17. 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. This Agreement shall be governed by the laws of the State of IL.
17. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall 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.
18. Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
**If you would like a copy of this contract, please email kimtacheny@gmail.com
BY CHECKING BOX AND SIGNING, YOU AGREE TO THE TERMS LISTED ABOVE. *