Contract information:
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Beth Kost known as "Photographer(s)", shall provide services to photograph their senior session and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
The laws of the State of Ohio shall govern this contract, and any resulting arbitration shall take place within Ohio. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary.
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.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 50% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid prior to the beginning of the session. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashiers Check or cash. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation: If for any reason Client cancels this contract before the senior photo shoot date, Photographer will keep the retainer.
Reschedule: In the event that Client reschedules a new contract may be required. The new package price will reflect pricing in effect when the date change occurs.
Liability: If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Editing and completion time: Please allow up to 2-3 weeks for editing and completion of files. Files will be available by online gallery for download.
No unedited or RAW files will be released. Sneak Peeks will be sent upon photographer’s discretion.
Photo Delivery: Upon receipt of a gallery link, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Gallery files are available for 30 days. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to obtain files provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Coverage: Photographer will provide coverage for the dates, locations and continuous hour(s) specified in this Agreement. Additional travel or coverage hours may be added by agreement on the session day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested photos, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution gallery downloads and/or proof sets may contain a mixture of color and black and white images. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release: This contract serves as a model release giving the Photographer 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. The Photographer can grant use of the images to third parties and all compensation for use and credit. The images remain the property of Beth Kost. 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, their legal representatives, heirs, and assigns.
Copyright: All photographs taken by Beth Kost are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.