Concepts + Ideas
Concepts will not be discussed until a deposit is paid. We value our ideas and our creativity. Though creatives see the same vision it is never executed through the same set of eyes + passion. We ask that once your inquiry with your idea is made, and the the proposal is sent, be available to pay your deposit so that we can movie forward in our creative process. This will eliminate time being wasted for both of us + allow someone else for booking who is willing to pay for our services + ideas.
NO GUARANTEED RESULTS
As stated above, Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results
Payments + Refunds
KTVASTUDIOS agrees to provide photography services to the client in consideration of payment provided pursuant to the terms of this photography services agreement. We require a 50% NON-REFUNDABLE retainer on all sessions/events. Your session date is not finalized until this payment is made. The deposit is due within 48 hours of your consultation or your proposed date is more than likely prompted to change due to other session requests. The retainer will later be deducted from your final remaining payment BEFORE arriving at your session (it is preferred that final payment be paid at least 24 hours before session). No services will be conducted without full payment. All payments can be made online. Please notify me if you would like to schedule a different form of payment. Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned; KTVASTUDIOS has a strict NO REFUND POLICY. Once a transaction has been completed (i.e. the session completed and client receives digital gallery) it is then considered non-refundable.
* Prices are subject to change at any time.
*Please remember dates are secured upon availability. Dates will be confirmed during consultation.
A required retainer of is due at the signing of this agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the retainer. No photography will take place and no rights are granted until the retainer is paid in full. Photographer will not reserve the session date and time until paid the retainer in full.
Once services are rendered, Client must have ALL fees paid in full, . If the fee is not timely paid, Photographer may withhold Client’s access to the photographic materials from the session. Also, a late payment fee of may apply.
Upon both Parties signing this Agreement, and upon Client furnishing Photographer with the agreed-to retainer, Photographer will reserve the session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable if the Session is cancelled or changed for any reason. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established by Part 10 of this Agreement.
Rescheduling + Tardiness
I understand weather, illness, or other reasons may cause us to reschedule a session. With the weather being unpredictable, I normally only reschedule if the forecast is over 50% chance of rain within 24 hours of the session date. This is case by case. For other situations, you must notify me at least 48 hours in advance, and you will be allowed to reschedule your session. You are allowed one rescheduling credit if 48 hours’ notice is given. No shows or other requests to reschedule will result in an additional fee of $50. If I have to reschedule, I will do everything in my power to find the next date that is convenient for us. Please be prepared and on time for your session. If you are tardy, I will not be able to shoot past the original end time for the session. IN THE EVENT PHOTOGRAPHER CANNOT PERFORM because of foreseeable illness, conflict or inability to perform, Client agrees that Photographer may assign and delegate performance and obligations of this Agreement to another professional photographer at Photographer’s discretion. In the event that Photographer cannot perform or the Session does not take place, Photographer is not required to service a later Session.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures or video during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, computer cameras, and their equivalents.
LIMITS OF LIABILITY
If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged
in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up
to the price of this Agreement.
PHOTOGRAPHER’S STYLE & DISCRETION
Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos or videos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.
Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
- Every client and wedding is different, with different tastes, budgets, and needs;
- services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
- Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
- Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
- Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Images + Video + Copyright
I will send you image proofs so that you can choose your own final image selections within seven (10) days after the date of the session. My turn around time for digital images/prints is approximately 2-3 weeks. If you are purchasing prints, you will have 2 days after receiving the online gallery to make your selection of images for final prints. Photos may be expedited to 3-5 days for an additional fee of $50.The client agrees that KTVASTUDIOS is the sole and exclusive photographer for the events specified in this agreement. When sharing content via social media please make sure not to deface, Photoshop, or add an extra content to the finalized photos. Editing, cropping, filtering, or tampering of edited photos is strictly prohibited. The client also agrees that we cannot guarantee certain poses or coverage quality, and that we shall in no way be held liable for compromised coverage due to interference from third parties or the environment. I hold FULL copyright to the images resulting from this service agreement and no rights are or will be transferred to the client without prior written consent from us. The client agrees to pay $100 per violation of this service agreement. This agreement shall be the sole agreement governing the terms of the services provided and no other agreement, written or oral, shall be upheld or enforced.Client agrees to fully reimburse the company for any legal fees incurred in the course of enforcing this agreement. Any legal disputes related to this agreement will be resolved according to the laws of EBR Parish of Louisiana county court law.
+The same concept applies for Videography services+
Photographer will archive digital files of all photos taken for Client for up to months. Photographer does not guarantee back-up photographs, prints or data after this time.
+The same concept applies for Videography services+
RESTRICTIONS ON USE OF PHOTOGRAPHY/VIDEOGRAPHY
All images + videos taken by and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release to any personal or proprietary interest in the photographic materials that result from the session and agrees that may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Model.
• Client shall not modify or otherwise alter Photographer’s photographic materials. Client shall never post any of Photographer’s photos in a format larger than 1024 x 768 pixels.
• Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer’s photos without attributing Photographer.
• Client shall never distribute or make available for download or reproduction any of Photographer’s photos without written consent of Photographer, unless the photos include Photographer’s watermark.
• Client shall not publish photos without Photographer’s written consent and attribution to Photographer.
INTELLECTUAL PROPERTY RIGHTS & RELEASE
All images + videos taken by and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT
The Client(s) expressly agree(s) to take best efforts to provide [Vendor] and Vendor’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Vendor] staff, [Vendor] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Vendor] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Vendor] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Vendor’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Vendor] resumes work detailed in this Agreement