1. Photographer's Responsibilities ('Services). Kim Shouse Photography hereby agrees to perform photographic services for Client at the session specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Kim Shouse Photography may employee one or more associates or assistants.
2. Payment. This contract becomes valid following receipt of the session fee. A non-refundable fee of $225 + tax is due upon signing of the Agreement, at which time Kim Shouse Photography commits to being available to Client on that date. This fee includes 3 8x12 hand edited images of your choice. Due to the custom nature of your order, no refunds or exchanges will be given.
3. Client understands that an online gallery will be available to complete image choices and purchase additional images and product if desired. There is a $25 reinstatement fee after expiration.
4. Copyright. All photographs taken by Kim Shouse Photography at the session, in whatever form, are copyright protected. Any copying or screenshotting from the gallery, scanning, reprinting, duplicating, or altering of the photographs taken by Kim Shouse Photography without expressed written permission of the Photographer is a violation of Federal copyright law. Alterations and/or manipulations of images (including social media filters) are strictly forbidden. Digital downloads or usbs of print resolution digital files which are provided to the client for printing photographs for personal use in albums or products are for personal use only and not for any commercial use. The copyright of the images still belongs to Kim Shouse Photography even though the digital files are in possession of the client. The client hereby gives Kim Shouse Photography the permission to keep copies of digital photographs to use, publish, resell, or advertise for promotional purposes in albums, publications, social media, or on web pages. The client waives any right to inspect or approve that which may be used in promotions or publication. Prints and products may not be designed or ordered by other photographers, as only I hold the copyright. Other photographers do NOT have my permission to work with or order any product with these images.
5. Term. The term of this Agreement shall commence upon signing of the Agreement and payment, and shall terminate upon Photographer's delivery of the final images and product unless terminated earlier as provided herein.
6. Session Changes and Cancellation. Due to the nature of mini sessions, no refunds will be given in the case of a cancellation, regardless of reason. Session time may be changed (if possible) by contacting the photographer within 14 days of your session. Reassignment of session time cannot be guaranteed. Please arrive 5 minutes early. Arriving late or not being prepared at your assigned time will result in a shorter session time or a forfeit of your session. Session is transferable with written communication to the photographer within 14 days of the session date AND a signed contract by the new client.
7. Acts of God. If Kim Shouse Photography is exposed to conditions that cause fear for safety, Kim Shouse Photography reserves the right to immediately protect his/her interests, including leaving the session and terminating the agreement. These events include, but not limited to war, terrorism, natural disaster, epidemic or pandemic, or any other disasters that may keep Kim Shouse Photography or contractors from performing.
8. Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.
9. LIMITATION OF LIABILITY. KIM SHOUSE PHOTOGRAPHY'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL KIM SHOUSE PHOTOGRAPHY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS KIM SHOUSE PHOTOGRAPHY OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES. Kim Shouse Photography is in no way liable for injuries or damages that may occur in the execution of the contract in relation to equipment used or circumstances beyond reasonable control. While every precaution is taken and only reputable equipment is used, Kim Shouse Photography assumes no liability for the loss or damage of images held in possession or while at labs or outside sources for services. While Kim Shouse Photography retains copies of the digital files for one full year, the client assumes responsibility for maintaining backups for long term archiving or the digital photography from the original set of images provided to the client. Kim Shouse Photography is not responsible for missed shots due to interference from other people attending the session or event or the lack of cooperation of the subjects. Specific images are not guaranteed. It is the responsibility of the client to inform other people the importance of cooperation during shooting time and also the important of being punctual. Session will begin and end at the agreed upon times and will not be extended in the case of subjects arriving late or ill-prepared.
10. Creative license. Kim Shouse Photography maintains free creative license with respect to artistry, style, and composition of photographs. The client understands that he/she has viewed samples of previous work in sample albums, portfolio, online images and blog posts, and is satisfied with the overall style of photography that is presented. The client also understands that the creative license and differences in locations and lighting allow for variations in composition, backgrounds, and color tones of the presented final images.