Terms and Conditions
ENTIRE AGREEMENT: This agreement constitutes an order for commercial photography services, including the taking of pictures as agreed to by both parties: Kayla Brock and the commercial company (hereinafter referred to as the “client”). Unless otherwise specified, it is understood that any and all rights to proofs, final prints, sample prints, or digital media, thereof (hereinafter referred to as “Images”) shall remain the property of Kayla Brock and may be used for personal/professional advertising Kayla Brock, magazine submissions, display, personal website, fan pages, or any other purposes thought to be proper/professional by Kayla Brock.
LIMITS OF LIABILITY: If Kayla Brock cannot perform this agreement in whole or in part due to fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Kayla Brock’s illness or injury, then Kayla Brock will return all fees to client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost due to hard drive failure before a second back up has been made, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Kayla Brock. The client agrees to limit Kayla Brock’s liability to the amount paid under this contract.
EXCLUSIVE PHOTOGRAPHER AND FILM: It is agreed and understood that no person other than Kayla Brock or his/her assistant (s) will be allowed to photograph or take pictures at any time during the shoot. From time to time Kayla Brock does provide some video recording of shoots. The video is an extra feature designed to advertise Kayla Brock’s work, and only used in the process of promoting Kayla Brock’s work or the assistant she contracts to do the work. The assistant will post her company name here and sign that he/she is also in agreement with this. If no further agreement has been made, the video is NOT part of the contracted obligations of the photographer or videographer.
RESCHEDULING POLICY: On signing this Agreement all parties will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable. In the case that the date becomes an issue, a second option can be negotiated. Any expenses incurred to fulfill special requests made by the client will be billed and deemed payable by the client. No refund is required by the photographer for any cancellation by the client within 7 days of the agreed shoot date. In the case that the photographer must delay the shoot due to health issues, accident, or death, the client has the option to cancel the contract (full refund) or agree to another shoot date.
DEPOSIT: A deposit in the amount of at least 50% of the agreed upon session fee is due at the signing of this agreement, unless exceptions are described, with the remainder of the fee to be paid to Kayla Brock no later than the scheduled shoot time.
The deposit is required to book the session. The session is not considered booked until the deposit has been received. The deposit can be in the form of cash, e-transfer or paid via credit card with 3% convenience fee. No photography will take place and no rights are granted until payment is made in full. The deposit is non-refundable in case of cancellation or date change by client within 7 days of the scheduled shoot.
INCLUSIONS AND EDITING: The session fee of will include the shooting, uploading of final images, but will not include a Photo DVD, USB, prints, or custom editing. Editing is assumed as part of the package to the extent that the photographer is satisfied that the images show her standard finish and artistic interpretation Images may not be altered or reproduced in any manner without prior written permission of Kayla Brock.
DELIVERY: Proofs will be presented in a timely fashion (date/time is dependent on shoot specifications and other details) that both parties are agreed upon. Date of proofs is planned for, but not guaranteed for 4 weeks after the session. These said proofs will be posted online via Kayla Brock’s website.
ONLINE POSTING: Online posting must be credited. The web ready images are just that, web ready. They are not up to the same standard as a print, and for those reasons should NEVER BE SUBMITTED for any print or publication.
COPYRIGHT: The client shall not transfer, license, sell, lease, or otherwise confer either permanently or temporarily any reproduction rights to any images to any third party. The client shall affix Kayla Brock’s copyright notice and photo credit to any images posted by the client. This includes the posting of Images on any and all Internet websites used by client. Copyright notice/photo credit to read: © 2019 Kayla Brock. If reproduction rights are given without permission, the client is in breach of this contract. Images reproduced without permission will cost the client $1,000 each.
MODEL RELEASE: The clients hereby grants to Kayla Brock and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the clients or in which the clients may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The clients hereby release Kayla Brock and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Kayla Brock’s use of said images.
ADDITIONAL: In the case where there is any exchange of services, or additional arrangements/agreements made, send further paper work to show these special additions to Kayla Brock.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.