Terms and Conditions MindyK.com - Photographer.
1. Deposits and Payment The Client shall pay a non-refundable creative session fee to retain the Photographer to perform the services for the date and time agreed upon by the client and MindyK.com - Photographer. The retainer is for the time and talent of the photographer and does not include any prints or digital files unless specifically noted. The Creative Fee and a Contract Must Be Received prior to the event, for the service to be provided. Cancellation will result in a loss of the non–refundable creative fee but can be applied for a re-scheduled session. In the event of inclement weather, the photographer will notify the client of a reschedule date.
2. Copyright and Reproductions MindyK.com - Photographer. - Photographer shall own the copyright of all images created and shall have the exclusive rights to all images. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio. ALL HI RESOLUTION DIGITAL DARKROOM PRINT FILES SHALL BE USED for the SOLE INTENT TO PRINT and SHALL NOT BE USED ON FACEBOOK since the files are high resolution and do not contain the photographer's copyright. Client is provided a client release in digital format for the purpose of authorization to third parties for this right. Your release provides you the right to print files at the lab of your choice (Mindy is happy to recommend some fantastic labs too!). This release is limited to printing rights only and does not include permission to sell, modify or enter your photos into any contest without the consent of MindyK.com - Photographer. The client SHALL not edit or alter the images in any way as it is deemed unlawful according to this agreement. This includes Facebook, websites or third party software. Violation of the agreement may include civil penalties and a breach of further contractual agreements.
3. Client’s Usage The Client is obtaining prints or digital images for personal use only and shall not sell said prints or digital images.
4. Lost Or Damage This limitation on liability shall apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. The Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
5. Photographer The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
6. Inherent Qualities Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD USB media which may deteriorate due to delamination and oxidation, and Client releases MindyK.com - Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
7. Photographer’s Collections Price List Charges in this Agreement are based upon the Photographer’s Collections Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
8. Miscellaneous This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
9. Injury MindyK.com - Photographer. - Photographer shall not be held liable in the event that an injury or allergic reaction occurs during or after a session in studio or outdoors. Client acknowledges that when shooting outdoors the client is subject to the probability of insect bites, weather conditions, injury, etc.
10. Client hereby understands that the final content from said session is strictly at the photographer’s discretion. Client accepts these terms as stated upon Client's payment to retain photographer for services as described herein.