By committing to a photo session with photographer, placing a photo package purchase, and/or placing a deposit for a session, you hereby authorize that you have read and agreed to terms and conditions specified below:
If you have any terms and conditions that you would like to discuss, you must do so before the scheduled photo session. You may do by filling out the form following the terms and conditions below:
Definitions:
The Photographer: Kimberly M. Pekula/ KimberlyPekula Photography/ Custom Designs by k.
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Kimberly Pekula Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Kimberly Pekula’s logo, watermark, or proof stamp.
Deposit: A non-refundable booking deposit of $50.00 is required to schedule a portrait session. (Weddings differ - Refer to Wedding Terms and Conditions. A retainer fee ($1,200.00) is due with the signing and return of Wedding contract).
Package: Printed and/or digital photos that are included on order form that you would like to purchase on the Separate Form designated for your different Photography Needs. (Youth Sports, Newborn, Wedding, Event, Portraits, etc.)
Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
Model Release:
The CLIENT hereby grants and assigns to Kimberly M. Pekula and her legal representatives the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, commercial, promotion, competition, or other purposes without compensation or liability to the contracting party. The CLIENT hereby releases Kimberly M. Pekula and legal representatives from all claims and liability relating to said photographs. Kimberly M. Pekula will endeavor to notify clients before images are used.
Exhibition:
Requests for specific original negatives may be asked by Kimberly M. Pekula at a future time. CLIENT grants Kimberly M. Pekula permission to display selected images resulting from this assignment as an example of Kimberly M. Pekula’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images. Images also may be used for advertising, display, and any other purposes thought proper by Kimberly M. Pekula.
Booking and Rescheduling:
The $50 booking deposit, required of all portrait/family/youth sports sessions, is non-refundable, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
A retainer fee ($1,200.00) is due with the signing and return of contract for all WEDDING contracts.
Sole Photographer During Session:
During your photography session with Kimberly M. Pekula, the Photographer (Kimberly) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session.
Facebook Sharing and Other Social Media:
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Kimberly M. Pekula is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Kimberly Pekula Art and Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Kimberly M. Pekula/Custom Designs by K.’s facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.
Proofs and Ordering:
Your portraits will be available on Kimberly Pekula/Custom Design by K.’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 4 to 6 six weeks after the date of the session. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $40 will be incurred. Upon receipt of payment your gallery will be live for 14 days.
Edits:
Kimberly M. Pekula Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Kimberly M. Pekula'’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. Kimberly Pekula Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.
Once again, edits are solely made by Kimberly Pekula Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Copyright and Reproductions:
Kimberly Pekula Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Deposit and Payment:
The Client shall make a deposit 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 Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Kimberly Pekula accepts cash and checks only. A $30.00 fee will be imposed for any returned checks. Kimberly Pekula accepts credit card and online payments with a an additional 4% processing fee added to total.
Client’s Usage:
The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of Kimberly Pekula Photography.
Inherent Qualities:
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Kimberly Pekula, the Photographer, suggests printing from professional printing labs, which she can provide, to receive the highest quality prints.
Package Changes/Additional Items:
The client’s agreed event package on this contract can be changed only for a package of greater value. The CLIENT may not downgrade to any lower packages. Package items may not be traded for cash value towards other a la carte items or additional prints. A package MUST be purchased in order to purchase additional items/a la carte items.
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 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.
Portrait Care:
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing, or hanging is the responsibility of the client.
Safety:
Kimberly Pekula Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Kimberly Pekula Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
Travel:
Package prices reflect the cost of events within a 50 mile radius of Williamstown, NJ. For any event outside that area, an additional $50 per driving hour (one way) will be assessed. Then 50% will be due within one month of wedding date, and the final 50% is due one week prior to the wedding date. The wedding package consists of all photographs of the pre-wedding, wedding ceremony, post-wedding, reception, and all traditional events. Image enhancements that require additional retouching above blemishes and scars are billed at an additional $75.00 per hour, if requested by the CLIENT.
Cooperation:
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Kimberly M. Pekula is not responsible if one or more key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Kimberly M. Pekula. Kimberly M. Pekula recommends that CLIENT designate an “event guide” to point out important individuals for informal or candid photographs to the photographer during the wedding that they wish to have photographed. Kimberly M. Pekula also reserves the right to stop shooting if any of the party or environment directly threatens the photographer. No refund is provided in this case, and the client agrees to release photographer from any liability for images not captured subsequent to, or as a result, of threat.
Images and Copyrights:
All photographs by Kimberly M. Pekula are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Kimberly M. Pekula’s explicitly written permission. Upon final payment by the CLIENT, limited copyright license of the resulting images allowed to the CLIENT under the following conditions:
The images and/or prints are the property of CLIENT for personal use only. Copying prints and giving them to friends/family is illegal unless additional copyrights are purchased.
Images may be used on personal web sites as long as a copyright notice appears near the images, stating that they were taken by Kimberly M. Pekula, as well as a web link to customdesignsbyk.com and/or www.facebook.com/kimberlypekula is placed onto the web site.
The client must obtain written permission from and compensate Kimberly M. Pekula prior to the CLIENT or friends and relatives publishing or selling photographs for profit.
Images are property of Kimberly M. Pekula; therefore, editing photos is prohibited. Besides cropping, filters or no alterations of any kind.
Severability:
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Miscellaneous:
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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 States of New Jersey.