Terms & Conditions
Photographer will make a good faith effort to achieve Client’s desired results. However, Photographer will maintain ultimate discretion and control over the Session. Photographer will use the equipment that Photographer finds appropriate and will take the photographs that Photographer finds appropriate. Client’s desired results are limited by the terms of this Agreement.
(1) SERVICE FEE
The service fee is due even if Client stops the Session before the end time established when booking.
(2) PAYMENT
Once services are rendered, Client must pay the service fee by: Session Date. If the fee is not timely paid, Photographer may withhold Client’s access to the photographic materials from the session.
(3) NO REFUNDS
Upon Client furnishing Photographer with the agreed-to retainer, Photographer will reserve the session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable if the Session is cancelled or changed for any reason. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established by Part 6 of this Agreement. Understand retainer fees are allocated to cover various non-refundable amenities pertaining to your booking (ex. studio space, studio time etc.) Due to this, theres is a strict no-refund policy. Cancelations must be used towards a future rescheduled booking. We can reschedule your photoshoot as long as we have notice 5-7 day prior notice. If you have to reschedule within a 5 day window, we'll have to rebook the session due to studio policy. Rescheduling fee is 35
% of your overall booking price.
(4) NO GUARANTEED RESULTS
Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.
(5) IN THE EVENT PHOTOGRAPHER CANNOT PERFORM
In the event of Photographer’s foreseeable illness, conflict or inability to perform, Client agrees that Photographer may assign and delegate performance and obligations of this Agreement to another professional photographer at Photographer’s discretion. In the event that Photographer cannot perform or the Session does not take place, Photographer is not required to service a later Session.
(6) LIMITS OF LIABILITY
If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this Agreement. Photographer is not responsible to supply any additional props, accessories prior to, or during a booking. Failure to properly prepare will serve the photographer no responsibility.
(7) ARCHIVING PHOTOGRAPHS
Photographer will archive digital files of all photos taken for Client for up to 60 Days. Photographer does not guarantee back-up photographs, prints or data after this time.
(8) INTELLECTUAL PROPERTY
COPYRIGHT OWNERSHIP
In the event that any copyrighted work(s) are created as a result of the Services provided in accordance with this Agreement, owns all copyrights in any and all work(s) it creates or produces. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by (Kendra Bispham-Evelyn) and may be used in the reasonable course of (Kendra Bispham-Evelyn)’s business.
PERMITTED USES OF PRODUCT(S)
(Kendra Bispham-Evelyn) grants to Client a non-exclusive license of product(s) produced with and for Client for Personal Business use. Personal Business use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
For any other use, a provision must be added to this agreement.
(9) ARTISTIC RELEASE
Client has spent a satisfactory amount of time reviewing (Kendra Bispham-Evelyn)’s work and has a reasonable expectation that (Kendra Bispham-Evelyn) will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency
(Kendra Bispham-Evelyn) will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with (Kendra Bispham-Evelyn)'s current portfolio and (Kendra Bispham-Evelyn) will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client is different, with different tastes, budgets, and needs;
Photography services are often a subjective art and (Kendra Bispham-Evelyn) has a unique vision, with an ever-evolving style and technique;
(Kendra Bispham-Evelyn) will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although (Kendra Bispham-Evelyn) will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, (Kendra Bispham-Evelyn) shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with (Kendra Bispham-Evelyn)'s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
(10) APPROPRIATE CONDUCT/SAFE WORKING ENVIRONMENT
The Client(s) expressly agree(s) to take best efforts to provide (Kendra Bispham-Evelyn) and (Kendra Bispham-Evelyn)’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to (Kendra Bispham-Evelyn) staff, (Kendra Bispham-Evelyn) will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, (Kendra Bispham-Evelyn) shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold (Kendra Bispham-Evelyn) harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the (Kendra Bispham-Evelyn)’s work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether (Kendra Bispham-Evelyn) resumes work detailed in this Agreement.
(11) ADDITIONAL SERVICES
Additional photography services can be added on the Session Date if photographer is available at Photographer’s discretion. Additional photography services will be charged at a rate of ( $75) per hour. Additional editing of pictures (more than amount of edited pictures mentioned in “Description Of Services”) will be charged at a rate of ( $15) per picture.
*Additional Fees* (Contact me to add to your booking)
Additional Edits - $20/Edit
Additional Background Paper Color- $25/per backdrop
Specialty Backdrops - $30
Fog Machine- $20
Swing- $30
Spotlight Effect- $30
Throne Chair- $30
Barbie Box - $40
Reflective Floor Effect (foil)- $40
Additional Outfit/Look (Not included in package)- $55
Rushed Edits 24 hr return time- $100
2 days return time- $75
Rushed Edits (3-4 days)- $50
Extra Time (prep time) (+30mins) - $75