Contract for Participation
If you have any questions or concerns regarding this contract, please don't hesitate to reach out. I am happy to work with your requests as best I can.
Terms and Conditions
This Contract is between the Client, whose name and address is listed above, and Kirsten Laufer Photography, “Photographer.”
1. Retainer and Payment. There is no session fee to participate in these sessions. All digitals, prints, packages and giftable items are available for purchase after the final gallery has been sent to the client, using the price list available at the time the gallery is released. Upon payment, the Photographer will send the digital copies to the client, and/or the print order directly to the printer. No images will be provided until payment is paid in full.
Photographer recommends that all print orders go through her printing lab, and is not responsible for dissatisfaction with prints produced at third-party printing labs.
2. Cancellation. While there is no session fee for these sessions, please note that your booking this time frame binds my time to you. Illness aside, the Photographer may charge a $25 session fee to cancellations within 24 hours. Please be respectful of the Photographer's time so that I can continue offering school photo sessions without needing to charge a session fee.
All sessions: All images in preview gallery are fully edited, final images. Client must notify Photographer at time of preview gallery viewing if any additional editing is requested / required. Once Client places order for final images, Photographer will place ordered images in a final downloadable gallery that include the final edits for the Client. Once the final downloadable gallery has been presented to the client, there are no further changes, nor refunds nor exchanges for it under any circumstances. Client understands that computer screens and printers may be calibrated with different settings. Under no circumstances will Photographer be held responsible or liable for printing costs associated with third-party printing of said images. Client acknowledges that when using independent printing services, client will not hold Photographer liable for dissatisfaction with printing services.
Photographer will provide a variety of edited images in proofing gallery to clients that represent the photographer's best work. It is at the photographer's discretion as to the number and type of images included, noting that these vary depending on both the length of time and the pricing of the session. Not every image taken will be included, and those not in the final proofing gallery are ones that did not meet the Photographer's quality standards. If Client has special requests for poses or images, it is the client's obligation to provide those to the Photographer; however, Photographer does not guarantee specific poses at any time. There will be no refund nor retakes for Clients wanting additional images / poses / styles.
3. Rescheduling/Late Arrivals/Illness. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. Client and Photographer both agree to be accessible and available via phone and/or email the day of the session in case of last-minute changes that may inherently arise.
The Photographer takes precautions recommended by the province in accordance with Covid-19 and business practices, and expects that the Client will do the same. The Client will notify Photographer prior to session if any family member has any symptoms of respiratory/digestive illness, including those related to Covid-19, and the Photographer will do likewise. When either Client or Photographer has symptoms of illness, session will be rescheduled for the next available date that works for both parties. Client's failure to notify Photographer of illness will lead to an immediate cancellation of session and jeopardization of future sessions with the Photographer.
4. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
• Digital images shall take no more than 4 weeks from the date of the session.
• Prints and giftable items will be sent to the printer immediately upon receipt of payment. The printing lab generally takes 1-2 weeks to turn around images, with another 1-2 weeks for delivery. Due to variations in shipping times, the photographer is not responsible for printing or shipping delays.
5. Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the client agrees that Photographer shall not liable for any actions committed by the Independent Contractor, or for products provided by such Contractor. Client agrees to indemnify and hold harmless photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor.
6. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2 weeks of your child's school portrait session. Once the purchased digitals have been sent to the Client, the Client will have two weeks to download the images from the gallery. After this time, fees may apply to access the images. Client will not hold Photographer responsible if images are no longer available for download once the 2-week time period passes and Client has failed to download them.
7. Artistic Rights. As an artist, the Photographer retains the right to artistically intrepret what she sees and in what ways she chooses to photograph a scene. This means that some may be in colour, same may be in black and white. The photographer may choose to exclude certain props or settings depending on her artistic and professional opinion. As such, the Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of all of the images the photographer feels are the best representation of her work and shall not receive any photographic materials not presented to the Client. The photographer selects only the best images for the proof gallery; not every image taken will be included. Under no circumstances will the photographer provide unedited images nor RAW files. The client is aware of and agrees to the photographers' style, delivery expectations and editing procedures. Basic retouching and editing is included in every session. This is limited to; exposure correction, white balance, black and white conversion, teeth whitening, eye brightening and minor skin blemish removal. Contouring, reshaping, tattoo removal, tan lines, wrinkled clothing, heavy acne, removal of crumbs, etc from any aspect of the image, face swaps, object removal, and other intensive Photoshop activities are not included. Photographer has the right to refuse intensive manipulation of the session's images. All editing past the basic retouching will be discussed with the client before proceeding. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. The images contained within the proofing gallery are the only images available from client's session.
8. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. Furthermore, client agrees to not screenshot / copy any images out of the preview gallery for usage of any type. Any screen shot, right click or otherwise copied image will be invoiced at a price of $50 (+ tax) per image, and a high-resolution file will follow payment of said invoice.
The Photographer does provide the Client permission to resize photographs for Internet-based usage.
9. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express written permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
10. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The photographer requests that the Client identify the photography service with “Kirsten Laufer Photography” in the caption of all photographs uploaded to social media websites and profiles.
11. Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
12. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Photographer shall not be liable for missed shots, nor for photographs not meeting expectations due to factors beyond the purview of the photographer, including the moods of the client and/or family, behaviour of participants, clothing choices, client appearance, smiles (or lack thereof), family members unwilling to cooperate/participate, crying/uncooperative children, etc. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract.
13. Substitute Photographer. The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this agreement will remain in effect.
14. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List at the time of purchase. 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.
15. Jurisdiction and Venue. The parties expressly consent to jurisdiction and venue of the federal and provincial courts of Canada and the Province of British Columbia with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which Province any action may be commenced, this Agreement shall be deemed to have been made in such Province, and shall be governed by and construed in accordance with the laws of such Province.
16. Indemnification. Client agrees to indemnify and hold photographer harmless for any and all injury or illness to the Client, the Client's family and the Client’s property during the course of the photographic event and the immediately surrounding events.
17. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the Province of British Columbia.
18. 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.
19. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
Client is hereby notified and agrees that:
While the Province of British Columbia has eased various COVID-19 based restrictions on businesses like mine past the initial spring 2020 lockdown, the conduct and performance of the services being provided by KLP are subject to those rules in place at the time the photography services are to be performed. Client agrees to abide by all provincial and business-based rules in place at the time of the photo session.
Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.
Client and all members of Client’s party agree to abide by the social distancing measures and all other COVID-19 policies in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
As consideration for this waiver, KLP agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.
Notwithstanding the foregoing, the Waivers contained in this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.
By participating in this photo session, I certify that I have read, fully understand and agree to the conditions and terms of this Contract as stated herein.