Terms

Photographs shall be made in digital format and shall be of a style and quality generally similar to photographs visible on Photographer's portfolio website. Final images shall be adjusted for correction of color and exposure, with no more precise adjustments or retouching, though Photographer may choose to do some as deemed necessary. The number of final images selected by Client shall depend on which package of services Client has selected. If the package of services selected by Client is to include retouching, then Photographer shall provide images that are retouched as per discussion and written agreement with Client. Precise adjustments and/or retouching of additional images do not fall under the scope of this Agreement, and shall be made under separate agreement. Final images will be delivered in the JPEG file format in accordance with industry standards. RAW files will not be delivered to clients.

Artistic Style

Every client should become familiar with my unique artistic style and acknowledge that my work is constantly evolving and that my work may be different from photographs taken in the past. In creating the photos, I use my personal judgment to create images that are consistent with the vision of the assignment, which may be different from the client’s vision of the assignment. Clients acknowledge that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.

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Fees

  1. A deposit of thirty-percent of the total fee is due immediately after signing a Contract. The deposit is non-refundable and is required to reserve a date on our calendar.

  2. Final payment is due within 10 business days prior to the event. This shall include the remaining portion of the total fee (if any) as well as any expenses incurred in the product of the assignment.

The fees and expenses estimated are for the original job description as presented by the Client. Subsequent changes or actual job conditions may result in additional charges. I will seek approval of additional expenses whenever reasonable and appropriate. I will minimize any and all unexpected expenses.

Final versions of images will not be released to the Client until payment has been received in full.

Payment

Payments can be made with cash or major credit cards. Final payments may also be made in person with certified check / money order or cash or with a credit card for an additional fee. No personal checks will be accepted as any form of payment.

Deliverables

Images provided to the Client shall be usable and in accord with my artistic vision, taste, and judgment. I will be solely responsible for all creative decisions and determining whether an image is usable. “Usable” shall mean images are sufficiently in focus such that the primary subject of the photograph is sharp enough that the picture can print well up to 5x7 inches in size, flesh tones are rendered in a believable manner, and the images are exposed such that there is a range of believable tones from dark to light.

Client agrees that I am hired for my artistic talent, creativity, taste, experience, and judgment, and that I may deliver images produced using techniques such as selective focus, tilting, cropping, toning, vignetting, high contrast, low contrast, black and white, etc., and these shall also be considered usable.

Images that are deemed unusable will not be provided.

Any precise adjustments and/or retouching of images deemed usable will be keeping with my artistic vision, taste, and judgment. “Retouching” shall mean changes to images such as the removal of distracting elements from a picture, minor body contouring where possible, removal or minimization of minor blemishes on the body or garments, and similar modifications. Client agrees that retouching of any kind is a highly subtle, subjective, and artistic endeavor, and as such may require communication with me and multiple revisions, and can require a substantial amount of time to complete.

On average, I will have your electronic photos delivered to you within six weeks after the photoshoot. Any albums or prints will take an additional amount of time which will be discussed on an as-needed basis.

Cancellation

The deposit fee in non-refundable, regardless of circumstance. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to conditions of nature, emergency services, civil disturbance, or the fault of a third party.

Cancellations must be made no less than 7 days before the originally scheduled photoshoot date. If a cancellation occurs within 7 days of the original date, a fee will be added to the amount already received as the deposit.

Postponement

I should be made aware of postponements as soon as possible, and I will make every reasonable effort to schedule a new date. In the event the photoshoot is postponed, additional expenses may be incurred. I do not typically postpone shoots, especially for weather related reasons.

Copyright

All work produced is copyrighted by Abigail Kathleen Photography. Grant of any reproduction rights to any images produced and delivered to the Client is conditioned upon receipt of payment in full. All rights not expressly granted to the Clients shall be reserved by Abigail Kathleen Photography. No license is granted at all for proof images, as proof images are not suitable for any kind of reproduction or distribution whatsoever.

Disclaimer

While I will take reasonable precautions, there are occasions when a problem may arise, due to the sometimes unpredictable nature of assignment photography.

In no circumstance would I be liable for any amount that is greater than the sum of a contract, all expenses incurred in the production of an assignment, and any additional fees I receive.