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 assistants.
2. Payment. This contract becomes valid following receipt of the session fee. A non-refundable fee of 100% is due upon signing of the Agreement, at which time Kim Shouse Photography commits to being available to Client on that date.
3. Client understands that an in-person reveal and ordering session may be required and agrees that all decision makers will be present at the ordering session. Client will be prepared with payment at this session. An online gallery may be available to complete final choices after a Collection has been chosen and paid for. If an online gallery is presented, 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, screenshotting, 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 DVDs of high-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.
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. 1/2 of the paid amount may be applied towards a future session fee until November 30, 2020 IF a minimum of 7 days notice is given in emailed form. Session time may be changed (if possible) by contacting the photographer. Please arrive at least 5 minutes early. Arriving late or not being prepared at your assigned time will result in a shorter session time. A reassignment of session time cannot be guaranteed.
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, hurricane, or any other disasters that may keep Kim Shouse Photography or contractors from traveling.
8. 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 the reasonable control. While every precaution is taken and only reputable labs are 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. 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.
9. 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.