TERMS & CONDITIONS

 

Retainer and Payment

The Client shall make a $100 non-refundable retainer to K Ell Photography to reserve a session date and time. Upon payment of the $100 retainer, K Ell Photography will reserve the date and time agreed upon by both parties. For this reason, the retainer of $100 is non- refundable, even if the session date is cancelled for any reason. The remaining balance is due one week prior to the session date.


Travel

K Ell Photography will travel to any location to offer professional photography services. There is no travel fee if the round trip travel from zip code 84315 to the destination is less than 50 miles.
Destinations with a round trip travel exceeding 50 miles will have a $1.00 charge applying per mile after the first 50 miles. If a job requires that K Ell Photography depart before 7:00 a.m., or if it would require an estimated return arrival time after midnight, then overnight lodging either before or after the event is required.

If air transportation is required, the client will be charge a travel fee of actual expenses, including airfare, car rental, and two nights accommodation in or very close to where the event is taking place. Overnight accommodations are essential for the night before the event and the night of the event. This will assure that if any unforeseen circumstances arise K Ell Photography will be there in plenty of time and that K Ell Photography can perform at their best.

 

Gift certificates

Gift certificates are non refundable. They expire 1 year after the purchase date. All terms and Conditions apply to the recipient once a session date is booked. A session date must be booked for a date within 1 year from the purchase date of the certificate. It is up to the recipient to contact K Ell Photography to schedule the desired photo session. If there is a balance left on the certificate after the provided session, the balance amount is non-refundable, but can be used for future services. Gift certificates cannot be redeemed for cash by the recipient.

 

Rescheduling & Cancellations

A portrait session can be rescheduled if notice is given at least 4 weeks prior to the scheduled session date. In the event that the Client requests to reschedule the session within 4 weeks from the scheduled session date another $100 non-refundable retainer must be paid to reserve a new date and the previous $100 retainer paid will be forfeited. K Ell Photography or the Client may request to reschedule a session due to weather; discussion about the possibility of rescheduling due to weather should begin 24 hours prior to the session with a final decision made no later than 1 hour prior to the session. If the Client cancels a session without rescheduling or fails to show for a scheduled session, the $100 retainer shall be forfeited. If the client notifies K Ell Photography that a session, wedding or event is cancelled a cancellation must be in writing (print or email) even if a phone call was made to inform K Ell Photography of the cancellation.


Rush Request

With a request to have any images delivered before the normal turnaround time of 4 weeks, there will be an additional $100 charge (aka rush fee). Once the rush fee is paid, images will be delivered 1-7 days after the session in which the rush was requested for.


Sundays

Any and all sessions, including wedding and events, scheduled on a Sunday will have an additional $100 charge.


Late Arrivals

Any Client that is late arriving to a session will have the amount of time late deducted from the time allotted for the session. This may also result in a reduction of the number of edited images given.

 

Social Media

The Client may share images to any social media site as long as there is no editing, adding of filters, or other changing/altering of the images in ANY way. The Client must add a photo credit or Tag of “photo by K Ell Photography” when sharing any images as well.

 

Copyright and Reproductions

All photographic materials, including but not limited to, unedited RAW files and edited JPGs, shall be the exclusive property of K Ell Photography.  K Ell Photography shall own the copyright of all images created and shall have the exclusive right to make reproductions and use the work for, including but not limited to, publication, display, advertising promotion, marketing materials, portfolio entries, sample products, editorial submissions and use, for display within or on K Ell Photography’s website, etc.

 

Clients Usage

The Client shall only use the digital files, in accordance with the permissions within this agreement.  Images are for personal use only and shall not be submitted to contests and are not for commercial use. The Client may not authorize any reproductions by parties other than K Ell Photography. The Client must act in accordance with the digital file print release that accompanies the digital files. The Client also agrees not to digitally manipulate, the work for public viewing (this includes editing, adding filters on Instagram, and other changing or altering of images in ANY way).

 

Failure to Perform

In the event that K Ell Photography is unable to photograph a session or wedding due to: severe medical, natural or other emergency beyond the control of the Photographer, K Ell Photography and the Client shall make every attempt to reschedule the session or every effort will be made to find a suitable photography replacement. If unable to reschedule or find a replacement the payment made to K Ell photography will be refunded in full, and return of the payment shall be the entire obligation under this contract. No other damages or guarantees of any kind are recognized or warranted.


Indemnification

K Ell Photography shall be held harmless for any and all injury to any Client during the course of any photography session and the immediately surrounding events. 
While K Ell Photography takes the utmost care with respect to exposure, processing and delivery of photographs, in the event that the images become lost, stolen or destroyed, for reasons within or beyond the control of the photographer, liability is limited to a refund of retainer and payment received. The limit of liability shall not exceed the contract price stated herein