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TERMS AND CONDITIONS
1. Fees & Retainer
Client shall reserve the time and date of services by signing and returning this Agreement along with a non-refundable reservation retainer equal to 30% of the final fees (“Retainer”). No date is reserved until this Agreement is signed and Retainer is received. The balance due for the photography services must be paid 7 days prior to the photography session. Gallery or imagery not delivered until payment is made in full.
Any invoice not paid in full within 7 days of receipt will be charged a $25.00 late fee and will accrue an additional 1% of the unpaid invoice amount every day thereafter. In the event Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all final, edited photographs to Client.
The fees in this Agreement are based on Photographer’s current pricing at the time of booking. Photographer’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. Client understands and agrees that they cannot downgrade the package and price agreed to within this Agreement after booking, but may upgrade at any time with express, written consent of all Parties. All future upgrades and/or bookings will be charged at Photographer’s prices in effect at the time.
2. Coverage
Client has booked Photographer for up to x hours of photography coverage. Coverage starts at the designated time and ends either before or when (x) hours have elapsed. Client shall arrive at least 15 minutes prior to session.
In the event Client is late to the session, Photographer is not responsible for extending its coverage. If Client is more than 20 minutes late, the session will be cancelled and is non-refundable and non-transferable. Additional coverage hours may be added at a rate of $350 per hour prior to the session or at the session, must be agreed to by the Parties, and must be paid in full before any photos or products are released to the Client.
3. Cancellation by Client
If for any reason Client cancels this Agreement more than 7 days before the session date, Photographer shall keep the Retainer as liquidated damages, but Client will not be responsible for any remainder due. Notification of cancellation must be made in writing by Client and sent via email, pursuant to the Notice provision in Section 33. Confirmation of receipt of notification email by Photographer must be obtained. If Client fails to supply Notice of cancellation as specified before the session date or cancels within 7 days of the session date, Client shall be required to pay the full balance due.
If Client chooses to add on any additional service, such as but not limited to Professional Hair and Make Up, Wardrobe Consulting, those service-payments are not transferrable or refundable. Once Service Provider is paid and service is rendered, the monies paid are non-refundable.
4. Rescheduling by Client
Notification of rescheduling must be made in writing by Client and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email by Photographer must be obtained. The rescheduled session must occur within one month (1 month) of original date, provided Photographer is available.
Reschedule fees apply: $150/studio rental hours (example: if the studio was rented for 3 hours, the reschedule fee is $450) or $300 for non-rented sessions rescheduling fee will apply.
If Client fails to supply written rescheduling notification 2 days before the session date, Client shall be required to pay the full balance due, no reschedule will be allowed, and it shall constitute a cancellation. In the event Client reschedules the session for any reason, Client forfeits the Retainer and must book Photographer’s services under a new contract and will be subject to Photographer’s current pricing at that time.
If Client chooses to add on any additional service, such as but not limited to Professional Hair and Make Up, Wardrobe Consulting, those service-payments are not transferrable or refundable. Once service is rendered, the monies paid are non-refundable.
5. Delivery of Images, Retouching & Edits
Photographer will only deliver high-resolution, edited .jpeg images to Client and will not send original RAW files to Client under any circumstance. Unless agreed upon prior to any editing work, high-resolution photos may contain a mixture of color, black and white, and selective color images.
Photographer enhances photos through corrections to contrast, lighting, and color.
Photographer does not change anyinherentqualities of a person, as it is considered a “cosmetic edit.”
Any additional cosmetic edits will be $25.00 per photo if it is requested by the Client after seeing the delivered images and the edited images will not be released to Client until the invoice for additional edits is paid by Client.
Cosmetic edits include, but are not limited to, removing unwanted facial hair, removing blemishes, removing wrinkles, removing or shifting parts of the body, changing hair color, changing shape of nose/eyes/body, adding in sky or clouds, removing background, etc.
Photographer suggests avoiding large logos, characters, writing, or other distracting elements on clothing.
Client understands and agrees that clothing is its responsibility and will relieve and hold Photographer harmless for any issues related to clothing and attire in the photos.
6. Poses & Selection of Delivered Images
Client understands and agrees that Photographer will use every reasonable effort to take requested pictures, but no specific pose or photograph can be promised due to the unique nature of the session and unforeseen circumstances.
Any lists supplied by Client will be used for organizational purposes only.
Photographer reserves the right to edit and release only the images that are deemed professional in quality and within Photographer’s standards.
Such selection shall constitute all images that will be made available to Client.
7. Artistic Style
Client has spent a satisfactory amount of time reviewing Photographer’s work and have a reasonable expectation that the images delivered will be in a similar manner and style as indicated on Photographer’s website, social media, and galleries. Client understands and agrees that:
(1) Photography is a subjective art and Photographer has a unique vision, with an ever-evolving style and technique;
(2) Photographer shall have final say regarding the aesthetic judgment and artistic quality of the images;
(3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
8. Delivery of Images, Online Galleries & Proofs
Client’s photos will be available in an online gallery to view and proof with watermarks.
BRAND REFRESH CLIENTS:Client shall select up to 40 images to be delivered as final versions by Photographer within 7 days of receipt of the gallery.
HEADSHOT CLIENTS: Client shall select up to 5 images to be delivered as final versions by Photographer within 7 days of receipt of the gallery.
Photographer will erase all watermarks from the selected images and deliver as final, edited images to Client.
To unarchive any additional photos not included in the package fee, an additional fee of $20 per photo or a flat rate for all proofs will be incurred.
Upon receipt of payment for additional proofs, Photographer will upload all additional edited images within 3 weeks.
The online gallery and link will be available to Client for 90 days.
Client is responsible for archiving all photos pursuant to Section 11.
PREMIUM BRANDING PACKAGE (HALF + FULL DAY) CLIENTS: Client’s photos will be available in an online gallery to view and download.
Photographer will deliver (75 for half days, 150+ for full days) unwatermarked, final, edited images for Client to use and download that are included in the session fee.
9. Posting on Social Media
If Client posts a photograph on social media, they must tag @nataliekristeenphotography.
They can either link to Photographer’s Facebook page, Instagram page or type in the website address: www.nataliekristeenphotography.com.
Client understands and agrees to not edit the original photos by filtering or changing the coloring.
10. Inclement Weather
If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a successful branding session to the artistic standards of Photographer, Photographer may elect to use an alternate location or to reschedule the branding session. Photographer will notify the Client at least 24 hours in advance and will base its decision off local weather forecasts. Photographer's policy is that if it is a 50% chance of rain or more, the branding session will be rescheduled. If the chance of rain is less than 50%, Photographer will leave it up to the Client to decide whether to reschedule and Photographer will inform Client of the implications of shooting in light rain or inclement weather.
In the event Client decides to shoot the branding session in light rain or inclement weather, Photographer will try its best to shoot the branding session to the best of its abilities but does not guarantee quality of images and will protect its photography equipment from rain, wind, and snow damage. Photographer is not responsible for photos it is unable to take due to weather implications and Client agrees to relieve and hold Photographer harmless for any lost photos due to weather.
Client understands and agrees that the branding session will be conducted indoors, and that Photographer will continue all photography coverage under any and all weather conditions. The only exceptions to this are any dangerous weather conditions that prevent the Photographer, Client, and/or Client’s agents from safely getting to the indoor location.
11. Photo Distribution & Archiving
Upon receipt of photos via online gallery, Client accepts all responsibility for archiving and protecting the Client’s photographs. Photographer keeps copies of edited .jpeg images for approximately [365] days but does not permanently archive all image files. Photographer is not responsible for the life span of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media and external hard drives as required. In the event Client asks Photographer to unarchive photos and reupload to an online gallery and the photos are still retrievable by Photographer; an additional unarchiving fee of [$500.00] will apply.
12. Model Release
This Agreement serves as a model release for all subjects listed above, giving Natalie Brenner Photography LLC the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Photographer can grant use of the images to third-parties and all compensation for use and credit for the images remain the property ofNatalie Brenner Photography LLC. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, Client’s agents, their legal representatives, heirs, and assigns.
13. Reproduction
A limited, personal photo release of the images is granted by Photographer to Client, which allows the Client and Client’s agents the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published, including, but not limited to, entering into contests or submitting to online blogs or publications, without the express written consent of Photographer. Client and Client’s agents further agree not to supply images to any third-parties without the express written consent of Photographer.
14. Photographer Copyright & Commercial License
All photographs taken by Natalie Brenner Photography, LLC (d/b/a Natalie Kristeen Photography]) are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17).
Upon final payment by Client, Photographer grants a limited commercial license to Client to make copies, use on its website, social media platforms, and standard size print promotional and marketing materials solely for personal and commercial use, not for economic gain.
Client shall not transfer, license, sell, lease, or otherwise confer either permanently or temporarily any reproduction rights to any images to any third-party.Additional usage requires additional compensation.
Client may not distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the final edited digital images. Client shall credit Natalie Kristeen Photography to any images posted by the Client.
Violations of this federal law will be subject to its civil and criminal penalties. Photographer reserves the right to use any images created under this Agreement for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
15. Harassment
In the event Photographer experiences or is made aware of any inappropriate, threatening, hostile, or offensive behavior from Client at any time during the contractual period or from any person at the session (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Photographer will terminate services immediately and/or leave the session, and this Agreement shall be deemed terminated. Upon termination due to harassment, Photographer shall be entitled to retain all monies paid and Client agrees to relieve and hold Photographer harmless as a result of incomplete photography services.
16. Safe Working Environment
Client understands and agrees that Photographer maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Client further understands and agrees that during the branding session Client and Client’s agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, Photographer reserves the right to reschedule the branding session or end service coverage immediately during the branding session. Photographer shall be entitled to retain all monies paid and Client agrees to relieve and hold Photographer harmless as a result of incomplete photography coverage.
17. Location Limitations
Photographer is limited by the rules and guidelines of the branding session location chosen by Client. Client agrees to accept the technical results of the location’s imposition on Photographer. Negotiation with the location for moderation of its guidelines is the Client’s responsibility and Photographer will offer technical recommendations only.
18. Permits
Client is responsible for researching, acquiring, and paying for all permits, licenses, and/or any other necessary permissions for all locations where Photographer will be performing services. In the event Client does not acquire required permits, licenses, and/or any other necessary permissions and a fine is imposed, Client shall pay the fine and agree to relieve and hold Photographer harmless.
19. Travel Fees
Client agrees to pay Photographer a travel fee of $100.00+OR $0.625 per mile (or the current mileage rate in effect at the time of travel) for travel extending beyond 30 miles of the zip code 97233.
Any travel extending beyond 90 miles of the zip code 97233 shall incur additional fees for transportation, lodging, and per diems for each travel day to be determined by Photographer and invoiced to Client.
20. Communication
Photographer’s office hours are Monday through Friday, 9:00 am to 3:00 pm PST.
Photographer’s primary source of communication is through its emails NatalieKBrenner@gmail.com OR photo@nataliekristeen.com.
Photographer will respond to Client’s emails within those office hours, and no more than 5 days after Client emails Photographer.
Two days before the branding session date, Photographer will email Client Photographer’s phone number and Client shall text and/or call Photographer if there are any issues related to the branding session that need to be resolved immediately.
21. Indemnification
Client shall indemnify, release, discharge and hold harmless Photographer, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Photographer from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Photographer may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Photographer pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Photographer.
22. Maximum Damages
The sole remedy for any actions or claims by Client shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.
23. Limitation of Liability
If, during the branding session and/or before the image(s) are delivered to Client, the media has been lost, stolen, or is unusable because of defect, damage, equipment malfunction, processing, or other technical error caused by Photographer or by forces outside the control of Photographer, Client agrees to relieve and hold Photographer harmless and will not impose any additional liability. Liability for a partial loss of photographs shall be prorated by Photographer based on the percentage of total.
In no event shall Photographer be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
24. Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The Retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and must be used within [6] months from the date of Notice of the Force Majeure Event.
25. Cancellation of Services by Photographer
In the event Photographer determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
1. Immediately give notice to Client;
2. Attempt to find another competent professional to take its place with the mutual agreement of Client;
3. If another competent professional is not available or Client does not agree to transfer of obligations to said alternate professional, Photographer will issue a refund or credit based on a reasonably accurate percentage of services not rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.
26. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Photographer. All sales tax will be included on invoices.
27. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.
28. Venue & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a court of competent jurisdiction located in Multnomah County, Oregon. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
29. Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Multnomah County, Oregon, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
30. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
31. Transfer
This Agreement cannot be transferred or assigned to any third-party by either the Photographer or Client without written consent of all Parties.
32. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
33. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent:
Photographer’s Email: photo@nataliekristeen.com; Client’s Email: {{client.email}}
34. Counterparts & Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.
REVIEW/TESTIMONIAL
After Client receives gallery, please take 1 minute to leave Natalie Kristeen Photography a review on Facebook and/or Google! Let others know the quality of customer service, the turn around time, whether or not Client are satisfied with the returned product.
SOCIAL MEDIA
Instagram: @nataliekristeenphotography
Facebook: @nataliekristeenphotography
Website: www.nataliekristeenphotography.com
Client does not have the rights to sell these images.
Photographer does not offer refunds; under some circumstances Photographer may hold unused-fees-paid as credits..
Each Party has read, understands, and agrees to the terms and conditions of this Agreement.
Signatures: