Terms & Conditions


1. Deposit, Payment, and Fees. The Client shall pay the deposit fee to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and the Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (15) days of this order, Client shall be in default hereunder and shall pay 5% percent interest on the unpaid balance until payment is made in full. Deposits are non-refundable. If payments have been scheduled for specific due dates, then payments are to be made by or no noted due dates. Payments received after due dates will receive a late fee. There is a $30 charge for payments returned by the bank for any reason. There will be a $10 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date. If the Client is booking a "Mini Session" at which time the full amount of the session invoice/receipt is due at booking.
 

2. Cancellation. If the Client shall cancel this Agreement 24 or more hour(s) before the session date, any money paid to the Photographer shall be refunded in full, excluding the deposit. Deposits are non-refundable. If Client shall cancel in less than 24 hour(s) of the session date, and the Client does not reschedule within 15 days, liquidated damages shall be charged in a reasonable amount not to exceed the deposit. A missed session without notice will be considered a canceled session, all rules will apply. 
 

3. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer may, with the Client’s permission, make the proofs available on a Web site or CD-ROM. 
 

4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, website, samples, self-promotions, the entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 
 

5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements on the front of this form. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication but shall have no liability if the publication refuses or omits to do so. 
 

6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also 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. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. 
 

7. Limited Liability. The Photographer may substitute another photographer to take the photographs in the event of the Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the session package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional-grade equipment and professional-grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the session package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
 

8. Inherent Qualities. The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. 
 

9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard 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. 
 

10. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $25 per image. 
 

11. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. 
 

12. Miscellany. 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. This Agreement shall be governed by the laws of the State of California.
 

13. Model Release The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client and Family/Guests, or in which the Client and Family/Guests may be included, for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
 

14. Safety The Photographer reserves the right to terminate coverage and leave the location of the session if the photographer experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the session or in the event that the safety of the photographer is in question.
 

15. Proofing & Retouching Within 7-14 days of your session you will receive 20-40 digital proof images to view in a private online gallery (color, black & white and/or fine art- photographer's discretion). Your private online gallery will be available for thirty (30) days*. *A $5 re-release fee will be assessed for each thirty (30) day period after the original online event has expired. All digital proof images viewed in the 'Clients' online gallery will be individually corrected for color balance, density, contrast, etc. Additional Retouching may be purchased for an additional fee. All additional products that are ordered will receive individual attention in the form of basic retouching, enhancement, selective area adjustments, artistic enhancements, etc. Additional Retouching means correcting various elements such as removing minor physical imperfections (bags under eyes, teeth whitening, eyes whitening, clearing of skin, major stray hairs, etc.) 'Photographer' is granted total artistic control over the final digital image and 'Client' understands that these are the steps 'Photographer' will take when referring to retouching.
 

16. Storage of Images 'Photographer' agrees to retain the original digital images for a period of sixty (60) days for purposes of making additional online re-releases for re-prints and/or fulfilling orders, after which 'Photographer' makes no guarantee as to the accessibility of the original digital images by 'Client'.
 

17. Non-Guarantee Although every possible care will be taken to produce photographs of all important and special moments during the session, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to other people; or any other ruined photographs or photos missed or not taken, due to any other cause in or outside of the Photographer’s control.
 

18. Right of Withdrawal. The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-co-operation; changes of locations, facilities or times available; missed appointments; bad or returned checks, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/ products already provided. In case of withdrawal, the session fee is non-refundable for all photography services already provided, the Client will not be billed for any services in excess of their deposits (except if a deposit was in form of returned checks).

 

19. Artistic Style. On Clients own behalf, and on behalf of the subject(s): {((contact.name)) acknowledges that The Studio requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that ((contact.name)) are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from Client and /or the Subject’s vision of the session. Accordingly, the client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.

 

20. ADDITIONAL IMAGES/RAW IMAGES. The Studio does not guarantee a minimum number of images in the client's final gallery. Under no circumstance will The Studio release RAW images to the client The Studio selects the best representation of the images taken at the sessions for the client gallery, and all other images are deleted during the culling process; therefore, no additional images can or will be released to the client.

 

21. Use of Makeup Artist and/or Hair Artist. LIABILITY. All brushes, tools and makeup products are kept sanitary and are sanitized between every makeup application. ANY skin condition or allergy should be reported by the client to the makeup artist prior to application and, if need be, a sample test of makeup may be performed on the skin to test reaction. Client(s) agree to release the makeup artist, Krystle Thomas from liability for any skin complications due to allergic reactions, or any mishaps or complications during application and hairstyling. Krystle Thomas is not a professional Makeup Artist or Hair Stylist but attains adequate skills for obtaining certain looks..

SATISFACTION. Makeup/Hair will "ATTEMPT" to be completed to client’s satisfaction, but is NOT guaranteed and NOT to exceed allotted makeup time. Ample time is given for each makeup upon booking. 



AGREEMENT

Both parties agree to the terms and conditions and acknowledge so by BOOKING & PAYING Krystle Thomas Photography for photographic services.

 

2019 © Krystle Thomas Photography  | Inland Empire Photographer | Inland Empire High School Senior Photographer | Moreno Valley Photographer | Moreno Valley High School Senior Photographer

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Krystle Thomas Photography

12981 Perris Blvd. Suite 210

Moreno Valley Ca. 92553

TERMS & CONDITIONS