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Ingrid K. Studio LLC, hereafter referred to as the “studio,” is defined as Ingrid K. Studio, its photographers, employees, contractors and representatives. The “client” is defined as someone that has engaged the services of the studio for monetary consideration, pro bono work or other work.
PRIVACY: You may let us know if you prefer your photos to remain private by filling out the privacy section of our pre-session questionnaire in your Planning Portal. Please note that all photos and materials remain the property of the studio, which retains the right to use, share, and publish client photos for portfolio, social media, marketing, or educational purposes.
By booking your session, you understand that the studio owns and may use your photos as described above, and you acknowledge that you have the opportunity to indicate your privacy preference through your Planning Portal Questionnaire.
US COPYRIGHT ACT: The United States Copyright Act (17 U.S.C.) protects photographers by giving the author of the photograph the exclusive right to reproduce your photographs, including the right to control the production of copies. It is illegal to copy or reproduce these photographs elsewhere without our written permission. Copyright infringement is a felony and is punishable by civil and criminal penalties. The law also specifies damages at $150,000 per infringement.
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SCHEDULING / SHOOTING TIME: If the session must be rescheduled, postponed, or cancelled; the client must notify the studio 48 hours in advance. In the case of a no-show, the session fee is non-refundable and shall be liquidated damages to the studio.
Cooperation and punctuality are essential to accomplish the goals of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time, the session will end at the scheduled end time.
PERSONAL CAMERAS: No cameras other than the photographer’s are allowedon-set. It is asked that no pictures are taken with a personal camera, cellphone or mobile device during the session.
CAPTURE AND DELIVERY: The studio is not liable to deliver every image taken at the session. The determination of images delivered to the client is left to the discretion of the studio. All photographs will be shot in digital format. RAW files will not be provided. Be advised that RAW files may be destroyed at any time after the online gallery has been posted. The client may download purchased digital images for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of the studio.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the studio.
PRICING: Prints, digital files and merchandise will be sold at the price at the time the session is booked. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the studio.
ORDERING: Client print orders are placed at a Viewing or Ordering Session. Upon request, ordered images may be placed in an online gallery as a courtesy to out-of-town family and friends to order additional prints. This gallery will be live for 14 days beginning with the day of the ordering session.
ARCHIVING: Image files are removed from our archives 14 days after viewing and may not retrievable past that point.
RIGHT TO USE: The client grants the studio and its legal representatives, heirs, and assigns the irrevocable and unrestricted right to use and publish photographs taken during the session for editorial, advertising, trade, portfolio, promotional, and any other lawful purposes, in any manner and medium. The client releases the studio from all claims and liability relating to said photographs. If the client wishes to restrict the use of images, a written request must be submitted and acknowledge by the studio prior to the session date.
INDEMNIFICATION:
1.1 – The studio and client agree that the studio is under no obligation to capture any specific moment or pose or person(s) during the photoshoot. The studio is not responsible for compromised coverage due to causes beyond the control of the photographer including but not limited to obtrusive guests, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to the photographer, restrictions of the locations.
1.2 – Unless specifically requested in writing prior to the commencement of the photoshoot, the studio is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the photoshoot; or for failure to deliver images of any specific individuals or any specific objects at the photoshoot.
1.3 – If the studio is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control: the studio will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract if the photographer is unable to perform services; the studio will return in full all payments made by client to the studio in relation to this photoshoot if a substitute photographer cannot be found; If the fees to be charged by the substitute photographer exceed the fees payable by client under this contract, client will be entitled to elect to engage the substitute photographer (in which case, the client shall be liable for any additional fees charged by the substitute photographer); or to require the studio to return in full all payments in accordance with subparagraph 2 above.
6.4 The studio reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the the studio and does not constitute a breach of this agreement. The studio warrants the substitute photographer to be of comparable quality and professionalism.
6.5 – If the studio 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 studio, the studio will not be liable for any consequential loss arising from the non-delivery, and the liability of the studio to the client should be limited to the repayment of amounts paid to the studio under this Agreement.
6.6 – The client understands and agrees that the studio is not required to maintain copies of the photos from this photoshoot 14 days after the online gallery has been delivered to the client. The client will have 14 days after gallery delivery to make the studio aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-day term has expired, the studio will no longer be liable to the client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by the studio if requested by the client but the hourly fee of $60 per hour plus tax for retouching will be billed with a minimum of one hour required.
6.7 – The studio agrees to indemnify and hold the studio harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding the photoshoot (including any personal injury arising from or connected with any negligent act or omission on the part of the studio).
6.8 – The client agrees to indemnify the studio and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement.
6.9 – The studio retains the right of discretion in selecting the photographic materials released to the client.
6.10 – The final post production and editing styles, effects, and overall look of the images are left to the discretion of the studio.
6.11 The studio photographer reserves the right to terminate coverage and leave the location of the photoshoot if the photographer experiences inappropriate, threatening, hostile or offensive behavior from anyone at the photoshoot; or in the event that the safety of the photographer is in question. If the photographer leaves the photoshoot in accordance with this clause, the studio will not be liable to refund any amount to the client, but will be obliged to provide the client with photographs taken by the photographer prior to the photographer leaving the photoshoot.
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LIMIT OF LIABILITY: The studio is released from any and all claims and causes of action that the studio now has or may have in the future for any and all loss or damage, and any claims or demands thereafter on account of death or injury or illness to the person or property damage as a result of any of its services, including but not limited to all photography services, consultations, products and home installation. In the unlikely event that the assigned photographer from the studio is unable to perform due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the studio, the studio will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the session(s). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the studio’s control, including but not limited to camera, hard drive, or equipment malfunction, the studio liability is limited to the return of all payments received for the session(s).
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