TERMS AND CONDITIONS & MODEL RELEASE
TERMS OF SERVICE & MODEL RELEASE
In accepting the services of KIRATIVE IMAGES, The client agrees to the terms and conditions of my services. The Client will be required to sign a digital copy of this agreement before the commencement of services, or editing of any digital files.
AGREEMENT OVERVIEW: This Agreement expresses the complete agreement between the CLIENTS (Hereafter referred to as CLIENTS) and KIRA MORRIS @ KIRATIVE IMAGES (Hereafter referred to as KIRATIVE IMAGES) regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, with written agreement by both parties.
SESSION FEE RETAINER & PAYMENT SCHEDULE: A NON-REFUNDABLE RETAINER of $150 for your SESSION FEE is due at time of booking your session, upon which a copy of this agreement will also be available to the CLIENTS via website. The $150 SESSION FEE applies to ALL SESSIONS held with KIRATIVE IMAGES. This is a NON-REFUNDABLE FEE. Should CLIENTS not show up to the scheduled appointment, cancel the appointment or otherwise breach this Agreement, the NON-REFUNDABLE FEE will be liquidated for damages to KIRATIVE IMAGES. The CLIENT shall also be responsible for payment of any added materials/charges specific to the CLIENTS session incurred up to the time of cancellation.
CLIENTS are responsible for selecting a package prior to their session date. Please inform KIRATIVE IMAGES of your intent on package. No digital images, or prints will be released, until FULL PAYMENT has been made. ALL packages are to be selected and PAID IN FULL within 2 weeks from receiving your viewing gallery. All Galleries will be available to view for 10 days. Selection of images must be made during this time. In the event of your gallery expiration time and no images have been selected. A FEE of $30 will be payable to KIRATIVE IMAGES to re-load your gallery online.
Payments are accepted through DIRECT DEPOSIT or PAYPAL, Direct deposit information can be viewed in your invoice.
COOPERATION: Unless otherwise noted, KIRATIVE IMAGES, it’s associates or employees will be the exclusive photographer(s) during the Newborn, Maternity, Studio Mini, Cake Smash or Dream Dress Session. A few cell phone images may be taken by the CLIENTS during the session, only when it is safe to do so.
The CLIENTS agree that cooperation and communication between KIRATIVE IMAGES and the CLIENTS are essential in obtaining a good result. CLIENTS must also notify KIRATIVE IMAGES in writing if they wish to have anything photographed in a particular way. This can also be discussed during your personalised session plan. Early communication will help provide the CLIENTS with the best possible outcome.
KIRATIVE IMAGES will not be held accountable for not photographing desired portraits or poses on the day of the session. Safety is the first priority, and if the photographer feels for any reason a pose is unattainable on the day, the pose will be stopped immediately. (Example: A child who is unable to sit unsupported in a prop, or a newborn who is uncomfortable or lacks flexibility for a desired pose to be obtained.
KIRATIVE IMAGES is not responsible if key individuals fail to appear or cooperate during the session. KIRATIVE IMAGES takes no responsibility for siblings attending a session. The CLIENTS are responsible for all children attending a session when not being photographed. CLIENTS will supervise children at all times. Children are not permitted near the photographer while working with newborns, or near the photography equipment unless being directed by the photographer to do so.
IMAGES & COPYRIGHTS: Photographs/images produced by KIRATIVE IMAGES are protected by Copyright Law (all rights reserved). KIRATIVE IMAGES remain the sole owner of all digital negatives (RAW files). Upon final payment by CLIENTS, CLIENTS are allowed to display and print resulting images for personal use only. These images may not be altered, sold or reproduced in any manner by THE CLIENT or any other person without prior written permission by KIRATIVE IMAGES. CLIENTS will receive chosen high-resolution digital images by USB or via direct download, dependant on package purchased. When publishing CLIENT photos for private social media platforms, KIRATIVE IMAGES must be noted as the photographer or CLIENTS are asked to use the accompanied watermarked images.
KIRATIVE IMAGES does not provide any unedited (RAW) images/files to CLIENTS as it does not represent the quality KIRATIVE IMAGES strives for. KIRATIVE IMAGES takes pride in the edited images, and images will not be delivered if they do not meet KIRATIVE IMAGES quality standards. While KIRATIVE IMAGES editing style is quite complimentary, please note below, what’s defined as “edited” images.
KIRATIVE IMAGES edited files/photos include colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and personal artistic flare. KIRATIVE IMAGES edited files/images may also include retouching within Photoshop/Lightroom for more extensive work if required. Retouching/Photoshop images can be an art form in itself and can require extensive, skilled work. Please note, KIRATIVE IMAGES may retouch photos within a collection. This is at KIRATIVE IMAGES own discretion while editing and usually does not extend beyond a handful of images. Eg. KIRATIVE IMAGES will fix a large pimple, or smooth the skin and blankets on a newborn shoot. NEWBORN and MATERNITY will require more extensive editing, Jaundice, milk spots, blotchy skin and bruises will all be included in the editing process.
ADDITIONAL EDITING CHARGE: KIRATIVE IMAGES does NOT include or is limited to the following editing requests. Wardrobe mistakes, facial or body manipulation, nail polish removing, Hair style changes, adding additional people, skin colour (not listed above), removal of scars or permanent body features. For extensive Photoshop/retouching not included in the session. Please get in touch with KIRATIVE IMAGES for her services and quote for particular images. Extensive editing requests are charged at $15 per image.
Digital Backdrops may be included in newborn galleries only. This type of extensive work will usually only involve 1-2 images in a gallery and is at KIRATIVE IMAGES personal discretion. If extra images are requested, it is the CLIENTS responsibility to request these images during the session plan. KIRATIVE IMAGES will charge an editing fee for any additional digital backdrop requests. There will be an additional fee of $50 per image for each digital backdrop used.
COMPLETION SCHEDULE: Images are expected to be edited within 2 weeks after the photo shoot date. Digital packages are scheduled within this time frame but may take longer. Prints/Albums/Keepsake boxes and other products will be available anywhere from 2-4 weeks after they are ordered. These items and completed packages can be picked up from KIRATIVE IMAGES home studio by appointment only, or delivered for an additional fee. Packages will be carefully put together at the KIRATIVE IMAGES home studio once prints and products have arrived. CLIENTS will be notified of a collection time as early as possible. Session packages are required to be paid within 2 weeks of receiving a viewing gallery. Delayed payments will result in delayed products. No prints/products will be ordered until payment has been received.
MODEL RELEASE. The CLIENTS hereby grants to KIRATIVE IMAGES, administrators and representatives, the unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included. This may consist of, advertising, promotional 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 KIRATIVE IMAGES and all representatives from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to KIRATIVE IMAGES use of these images. In most cases, images from a CLIENTS session will be used on KIRATVE IMAGES website portfolio or online social accounts to advertise KIRATIVE IMAGES as a business. The CLIENTS will have the option to purchase any additional images created for advertising, that were not included in the original viewing gallery.
KIRATIVE IMAGES will contact the CLIENTS if images from a session are to be used in promotional print brochure work, or other hard copy promotional material. To protect all CLIENTS privacy. Images used on any social platforms or website will not include a child’s last name. CLIENTS will not be tagged in any social media posts or advertising. KIRATIVE IMAGES specialises in Newborn and Child photography. Advertising usually does not extend past social media.
GIFT VOUCHERS: Gift vouchers may be used for SESSION FEE or SESSION PACKAGES. All gift vouchers are sold with a unique code. This code will be available on the invoice receipt and on the gift voucher. For lost or stolen gift vouchers, you must have a copy of this code to redeem your voucher. Gift vouchers must be presented at time of session or full payment will be required. Failure to attend your booked session, will result in a SESSION FEE of $150 reduction from your gift voucher.
Gift vouchers are not redeemable for cash. You may use multiple gift vouchers towards your package. Additional credit remaining on a gift voucher, can be used to purchase additional prints or products. Additional credit cannot be used towards a second session.
LIMIT OF LIABILITY: In the unlikely event that the photographer(s) are injured, become ill, or has an emergency that prevents them from photographing your session, KIRATIVE IMAGES will contact the CLIENT as soon as possible, to arrange another suitable date and time. If a suitable date and time cannot be agreed, KIRATIVE IMAGES will provide a full refund of any paid SESSION FEE retainer.
KIRATIVE IMAGES takes the utmost care concerning exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the session will not be lost, stolen, or destroyed for reasons beyond KIRATIVE IMAGES control. CLIENT agrees that KIRATIVE IMAGES or the photographer(s) has full and complete responsibility and liability is limited to the return of all payments received for the session, only if images have not already been previously received.
Once the CLIENTS have purchased and received their images/products and packages, all images are now the responsibility of the CLIENTS. KIRATIVE IMAGES will not refund any payments due to CLIENTS loss/damaged or stolen images.
CAKE SMASH SESSIONS: Kirative Images takes no responsibility for children with food or skin allergies. The CLIENT will inform KIRATIVE IMAGES of all allergies or reactions prior to the session. If a child has a severe food allergy, the CLIENT is responsible for providing an appropriate cake or food replacement for use at the session. The CLIENT will pay for any additional costs this will incur and will not receive a discount towards the session.
In the unlikely event a child has an allergic reaction. An ambulance will be called. CLIENTS are responsible for all Medical and transportation costs.
Cake smash sessions are lots of fun, but they do involve food and water activities with young children. The CLIENT is responsible for all children in their care at all times. KIRATIVE IMAGES will not be held responsible for children or parents slipping, swallowing water, skin reactions, food allergies or choking. This session is booked with the understanding that the CLIENT takes full responsibility for their child. The CLIENT is aware of their child’s limitations when booking this session.
The CLIENT agrees to follow all prep guides available online by KIRATIVE IMAGES.ALL CLIENTS agree to test their child with cake, frosting, eggs, milk, and bubble bath prior to the commencement of their session.