Agreement

This agreement contains the entire understanding between you and Katie Sue Photography. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.

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Reservation:

Upon your digital agreement and payment of your non-refundable deposit, Katie Sue Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. The reservation is non-refundable. The reservation is applied towards the contracted photography service. THE CLIENT (you) understands and agrees that the entire amount owed for the photography service is due by the scheduled photo shoot day.

Location & Suitable Conditions:

I AGREE to be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photos are desired. Katie Sue Photography will NOT be held accountable for not providing photos of desired scenes or people if there is no one to assist in identifying or gathering people for the photo shoot.

I AGREE to designate the agreed upon time as time for Katie Sue Photography to shoot the photos. If the staff’s late arrival (or any other reason outside of the photographer’s control) prevents the shoot from occurring or limits, the session will begin from the predetermined time set by both THE CLIENT and KATIE SUE PHOTOGRAPHY, regardless of if the customer is late or not.

If weather conditions, that risk the health and safety of persons or equipment, prevent the session for commencing, Katie Sue Photography or THE CLIENT may request to reschedule the session for an alternate location or another date within 2 weeks of the original scheduled date.

Shooting Time/Additions:

The shooting schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and KATIE SUE PHOTOGRAPHY agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the scheduled shooting time start late due to any reason whatsoever, KATIE SUE PHOTOGRAPHY will not be held liable for any photos not taken.

 

If THE CLIENT is not present by 15 minutes past the agreed upon time, it will result in the immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.

Cooperation:

The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Katie Sue Photography is not responsible for key individuals’ failure to be present or to cooperate during the shoot, neither for missed photos due to details not revealed to KATIE SUE PHOTOGRAPHY.

I ACKNOWLEDGE that I and other persons participating are responsible for their conduct. THE CLIENT will direct all persons to provide any needed information and cooperation to the photographer. Coordination with all participating persons is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with all parties involved to make sure that there is no conflict in times.

 

Katie Sue Photography will not tolerate verbal or physically abusive behavior. Unchecked conduct that interferes with the photo shoot may seriously affect the quality of the photos taken and increase the number of times the photos must be retaken. If THE CLIENT is unable to control the conduct of their person(s), resulting in an unacceptable degree of misconduct, or if the conduct of any of their associated parties damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.

 

Model Release:

I hereby assign and grant Katie Sue Photography and its legal representatives the irrevocable and unrestricted right to use and publish photos of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Katie Sue Photography and its legal representatives and assigns from all claims and liability relating to said photos. It is agreed that Katie Sue Photography may display and use the photos taken for advertising, display, website and internet promotion, photo contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Katie Sue Photography.

Deposit & Balance:

THE CLIENT agrees that $75 of the total of the chosen photo shoot is due upon the completion of this agreement and THE CLIENT acknowledges that the deposit is non-refundable. The remaining balance is due by the chosen session date. Late fees will apply for late or missed payment (See details in Penalty Fees & Charges Below). THE CLIENT's gallery, and possible previews, will not be delivered until the balance is paid in full.

Non-Guarantee & Gallery Delivery:

I AGREE to give Katie Sue Photography up to 4 weeks for the completion of the photo shoot. 

 

Although every possible care will be taken to produce photos of all important scenes desired by THE CLIENT, Katie Sue Photography cannot place an unconditional guarantee on the above. Katie Sue Photography will not be held responsible for any ruined photos due to other individuals or customer’s behavior, or due to any other cause in or outside of Katie Sue Photography’s control. If THE CLIENT has any change requests that they see fit with their galleries, THE CLIENT will need to address this problem to Katie Sue Photography within 48 hours of their gallery being delivered through Pixieset. After that given time frame, Katie Sue Photography will no longer have the photos to edit and no changes can be made to any gallery given.

 

No refunds will be given for any reason after THE CLIENT downloads their images from each gallery given back from Katie Sue Photography. 

Copyright:

The photos provided on Pixieset are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Katie Sue Photography’s explicit written permission. Editing of any photos produced from Katie Sue Photography may not be edited or altered in any way by the client.

THE CLIENT agrees that all photos posted by THE CLIENT on THE CLIENT’S social media (Facebook, Instagram, etc.) will tag Katie Sue Photography (@katiesuephotography on Instagram & Katie Sue Photography on Facebook). Upon final payment by THE CLIENT, limited copyright ownership of the resulting photos will be transferred to THE CLIENT under the condition that the photos and final completed photo shoot are the property of THE CLIENT for the promotion of their business and are not to be altered or edited in any way. Katie Sue Photography cannot and will not provide any RAW or original images to THE CLIENT, only the edited photos will be delivered to THE CLIENT.

 

Penalty Fees & Charges

There is a $50 late payment fee for any payments that are not postmarked or delivered to Katie Sue Photography by the required date(s). If THE CLIENT wishes to change any shoot date already scheduled with Katie Sue Photography then THE CLIENT agrees to pay a $100 date change fee for any date already scheduled with Katie Sue Photography THE CLIENT agrees and accepts that if the time scheduled between THE CLIENT and Katie Sue Photography goes overtime, there is an additional charge of $150 per half hour overtime and $350 per hour overtime.

THE CLIENT agrees to pay a travel fee if Katie Sue Photography has to travel outside of Utah County and/or Salt Lake County (50¢ per mile to and from location).

THE CLIENT'S gallery is available on Pixieset for 2 weeks, after the given time period they will no longer be available for download. Upon failure to download the gallery before the 2 week mark, THE CLIENT may request the gallery to be made available again for a $50 fee.

Limit of Liability:

In the unlikely event of severe medical, natural, or other emergencies, and Katie Sue Photography cannot make the scheduled shoot time, responsibility and liability is limited to the return of all payments received for the photography service, and another shoot can be scheduled free of charge within a three week window of the previously scheduled date. Katie Sue Photography takes the utmost care with respect to exposure, transportation and processing of photos; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photos being lost, stolen or destroyed for reasons within or beyond Katie Sue Photography's control, the latter’s liability is limited to the return of all payments received for the photo services. The limit of liability shall not exceed the contract price stated herein. 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.

Katie Sue Photography’s discovery of new information, changes to agreed circumstances, or other factors that tend to circumvent its policies may result in its withdrawal. Noncooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should KATIE SUE PHOTOGRAPHY initiate the withdrawal, all fees will be returned.

Performance:

The performance of this contract on behalf of KATIE SUE PHOTOGRAPHY shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

 

Amendments:

This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and KATIE SUE PHOTOGRAPHY at the time of acceptance of this contract shall be recognized as amendments to this contract.

 

I have read and understood the terms above, I hereby agree to the terms of this agreement