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, signed by both parties.
COOPERATION: Unless otherwise noted, KIRATIVE IMAGES, it’s associates or employees will be the exclusive photographer(s) at this Family, Maternity, Studio or Newborn photography shoot. A few cell phone images may be taken during your session, only when it is safe to do so.
The CLIENTS agree that cooperation and communication between them 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 images.
KIRATIVE IMAGES will not be held accountable for not photographing desired portraits or poses. Safety is the first priority, and if the photographer feels for any reason a pose is unattainable, the pose will be stopped immediately. 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 have their photo taken. A play area will be available for or siblings attending a studio session.
IMAGES and 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 of KIRATIVE IMAGES. CLIENTS will receive all paid for high-resolution digital photos by USB or email link dependant on package details and will include printing rights. CLIENTS booking a Studio Mini Session will be provided their images via email download. When publishing the photos for private social media, KIRATIVE IMAGES must be noted as the photographer or CLIENTS are 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 when explicitly asked at the CLIENTS request. This is a service KIRATIVE IMAGES does not usually offer. 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 Images and young children will require more extensive editing, Jaundice, milk spots, blotchy skin and bruises will all be included in the editing process. For extensive Photoshop/retouching not included in the session. Please get in touch with KIRATIVE IMAGES for her services and quote for particular images.
Digital Backdrops may be included in newborn galleries only. This types 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 planning and will involve an additional fee for the digital backdrop purchased. KIRATIVE IMAGES reserves the right to charge an editing fee for any additional digital backdrops requested.
COMPLETION SCHEDULE: Images are expected to be edited within 2-4 weeks after the photo shoot date. USB delivery is scheduled within this time frame but may take longer. Prints/canvases/ and extras will be available anywhere from 2-4 weeks after they are ordered. These items 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 have arrived. CLIENTS will be notified of a collection time as early as possible. A delay in product will depend on when CLIENTS pay for their package. No prints will be ordered until payment has been received.
MODEL RELEASE: The CLIENTS hereby grants to KIRATIVE IMAGES, executors, administrators, representatives and agents, the irrevocable and 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 associates 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 your session will be used on KIRATVE IMAGES website portfolio or online accounts via Facebook or Instagram to advertise KIRATIVE IMAGES as a business.
KIRATIVE IMAGES will contact the CLIENTS if images from your session are to be used in promotional brochure work, or other hard copy promotional material. To protect all CLIENTS privacy. Sneak Peeks and images used on Facebook 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.
RETAINER & PAYMENT SCHEDULE: A NON-REFUNDABLE retainer of $150 for your session fee is due at time of booking your NEWBORN SESSION, upon which a copy of this agreement will also be submitted to the CLIENTS. 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.
A NON-REFUNDABLE retainer of $100 for your session fee is due at time of booking for all STUDIO MINI, MATERNITY and CAKE SMASH SESSIONS, upon which a copy of this agreement will also be submitted to the CLIENTS. 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.
No un-watermarked images or prints will be released until full payment has been made, Due at time of selecting your package. Approx. 2 weeks from your session date. Galleries will be available to view for ten 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 upload your gallery online.
Payments are accepted through DIRECT DEPOSIT or PAYPAL, Direct deposit information can be viewed in your invoice.
GIFT VOUCHERS: Gift vouchers may be used for any print or package deal. Gift vouchers cannot be used for session fees. Gift vouchers must be presented at time of the session. You may use multiple gift vouchers towards your package.
LIMIT OF LIABILITY: In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, KIRATIVE IMAGES will contact the CLIENT as soon as possible, to arrange another suitable date and time. 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 event 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 event only if images have not already been previously purchased.
Once the CLIENTS have purchased and received their images/packages all images are now the responsibility of the CLIENTS. KIRATIVE IMAGES will not refund any payments due to CLIENTS loss or stolen images.