When you use Karen Valerie Photography for services, you, as Client, agree to these Terms.
This agreement is between Karen Valerie Photography (Photographer) and you (Client). Photographer's relationship with Client is that of an independent contractor.
'Image' refers to the photographic material, whether still or moving, created by Karen Valerie Photography and includes, but is not limited to, prints or digital files that were captured, recorded, stored or delivered, in any type of photographic, digital or electronic media.
Ownership & Usage Rights:
Client acknowledges that Karen Valerie Photography is the author and sole owner of all copyrights of images. Client also acknowledges that these images may be used for marketing purposes on either Karen Valerie Photography's website or on Karen Valerie Photography's social media sites, and releases Karen Valerie Photography to use them as such. These images will not be sold to a third party. If Client prefers images to remain private, ie. not to be used for marketing purposes, Client should inform Karen Valerie Photography of this decision in writing within a week of receipt of final portraits, whether digital or printed.
Note: It is understood that Sessions done 'Pro Bono' are exempt from privacy option.
Copyright metadata contained within any digital file, may not be altered or removed. Images delivered via digital files may not be changed or enhanced in any way, including, but not limited to, the removal of watermarks or 'filters' applied via phone applications.
During the editing process, all portrait sessions include *minor* retouching which may include skin blemishes, color adjustments or facial enhancements. Any additional retouching is an additional charge.
General Liability & Release:
Karen Valerie Photography will take care to fulfill all aspects of agreement, but will not be liable for any loss, damage, or costs suffered by Client or any third party arising from Client's use of images.
Client will indemnify Photographer and her representatives, against any and all claims, liabilities, damages, costs, and expenses including reasonable legal fees & expenses, that may arise from Client's use of Photographer and any photographic image(s) that result.
Photographer is not responsible for obtaining property, trademark, copyright or any other releases in connection with Client's photography session or images. Client is responsible for obtaining all necessary permits and/or permissions.
Karen Valerie Photography agrees to deliver a 'Release' to enable Client to print digital images at a location of their choice. Photographer strongly encourages Client to use Photographer's professional printing lab and is not responsible for the quality of work for images printed outside of Photographers professional printing lab.
In any event, the Photographer's liability for all claims will not exceed the total amount paid under this Agreement.
By choosing Karen Valerie Photography, Client hereby releases, forever discharges and agrees to hold harmless, Karen Valerie Photography and her representatives from any and all liability, claims or demands for personal injury, sickness or death, as well as property damage and expenses, of any nature whatsoever which may be incured during Client's business dealings with Photographer.
Client understands that a deposit of 50% of session fee is due at time of scheduling a date. This fee reserves Photographers time and is considered non refundable. If for some reason, Client finds the need to reschedule, Photographer will consider an alternate date if the following instances occur:
-Day of session results in inclement weather (ie, hurricane, tornado, storms, heavy rain)
-Client advises photographer of need to reschedule 48 hours before the session.
If either of these instances occur, Photographer will agree to reschedule.
Client understands that the remaining balance of the session is due either before or on the day of the session. 2-3 days following the session, photographer agrees to deliver 'proofs' for Client's consideration, these will be delivered to via a Shootproof gallery. The number of digital images corresponding to the Client's 'Session' will be released once Client has made final selection. Any requested printed images will be ordered through Photographers professional high quality printing lab and will be delivered to Client via Photographer at an agreed upon date/time.