- Session fee is NON - Refundable and NON-transferrable to any other type of session. Please contact me if you need to pick a different time slot. If one is available, we will move your time slot. Transferring to a new time slot is only permitted one time. The session fee will not be refunded and is non-transferrable.
- Session will be skipped if client is more than 10 minutes late. If client is 5 minutes late, the session will be held for 15 minutes - Not 20 minutes.
- Photos will be sent out via email to the email address that is on this submission form within 21 days of the session date.
- Photos will be delivered in an online gallery and will be available for download in high and web resolution for a total of 5 days. After the 5 days, the gallery will be removed. A reinstatement fee of $50.00 will be applied upon request for the gallery to be re-uploaded. Reinstated gallery will be available for 48 hours and removed permanently after the 48 hour reinstated period and will no longer be available.
- Sessions are taking place in a private location. Because of this, the address will be released 48 hours prior to the session via email.
- Parents are responsible for their Kiddo(s) and keeping them close by while in waiting prior to their session or during the session.
- A staff member will be available to check clients in prior to the sessions.
Intellectual Property
Copyright and Image use by Studio: The photographs produced by KevinChole Photography are protected per 17 USC 101 et seq. (US copyright law) and may not be reproduced in any manner without KevinChole Photography’s written consent. KevinChole Photography owns all the copyrights for any and all images produced in connection with the agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to clients or notification to clients before use. KevinChole Photography also reserves the right to publicly display the names of clients. As author of all images made hereunder and as provided by law, KevinChole Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other formation of reproduction. If there are any copyright violations by clients, without written consent of KevinChole Photography, Clients agree to pay a usage fee of $300 per image, per usage.
Culling + Editing
After the portrait session, each image is put through a careful selection process, where KevinChole Photography selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicates are removed permanently immediately after KevinChole Photography completes this culling and editing process. KevinChole Photography color corrects and does editing on all delivered images in Adobe Photoshop. KevinChole Photography also retains complete control over which images are delivered in color and which images are delivered in black and white.
Additional Images/RAW Images
KevinChole Photography deletes all RAW images upon delivery of the final JPEG files to clients. Once KevinChole Photography delivers the final JPEGs to clients, clients accept all responsibility for archiving and protecting their images. KevinChole Photography does not permanently archive files.
Client Requests
KevinChole photography clients will collaborate in all schedules and arrangements of services to be provided. Any information provided and discussed is not part of this contract nor shall such information modify this contract. During the portrait session, KevinChole Photography will work to meet all of client’s reasonable requests and expectations; however, circumstances may prevent certain images from being created. It is important that clients understand that KevinChole Photography does not warrant that it will provide specific images or poses. Finally, If the day is behind schedule, KevinChole Photography may not be able to create all of the images Clients might otherwise receive. If Client requested images are not received due to scheduling delays or unforeseen circumstances, KevinChole Photography will be relieved of any liability.
General Model Release
Agreement: Between KevinChole Photography (The photographer)
The client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, reuse, publish, and republish photographic material which contain the clients images for promotional materials, online usage, and other areas of marketability. The client further authorizes the distribution of photographs to potential clients of photographer for portfolio purposes. The client hereby acknowledges and agrees that photographer may combine images with other pictures, text or graphics. The client also consents to the use of the client’s own name in connection with the aforesaid photographs. The client hereby releases any and all claims whatsoever in connection with the use of the clients photographs and name and the reproduction thereof as aforesaid. The client hereby waives any right that the client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied. The client further acknowledges that the client will not be compensated, either now or at any time in the future, for any use of marketing and that the photographer of such photos exclusively owns all rights. Client hereby releases, acquits, indemnifies, holds harmless and discharges the photographer from any damages, actions, claims, attorney fees, costs of suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in a any way whatsoever from the use of the Clients images. If any suit is brought challenging the enforceability of this agreement, Client aggress to indemnify photography for attorney fees and expenses.
Limited Reproduction and Print Release for Personal Use
KevinChole Photography grants limited reproduction rights of the copyrighted digital images governed by this contract to Nichole Cline according to the following terms: Personal Web Use: KevinChole Photography permits Client to post images governed by this contract for personal use on the web, provided that Client credits KevinChole Photography and provide a link back to the KevinChole Photography website, blog, or Facebook page. Personal Print Use: KevinChole Photography permits Client to print the high-resolution images governed by this contract for personal use in the following ways: prints, enlargements, greeting cards, photo gifts, photo books, and other personal items. No Alteration of Final Images: The alteration of the final image(s) through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited and is considered a copyright violation under the COPYRIGHT & IMAGE USE BY STUDIO provision of this contract. No Commercial Use/ Use for Monetary Gain: Commercial use on the web or in print, including commercial use by Client, entrance into any contest, display of images in any business related or commercial venue besides the client's personal residence, is strictly prohibited, unless Clients have obtained written permission from the Photographer. Personal use for monetary gain also is strictly prohibited, including sale of prints or other materials and use on a commercial website or revenue generating blog, unless Clients have obtained written permission from KevinChole Photography. Other Terms: Any other utilization or reproduction is especially prohibited without the express written consent of KevinChole Photography. Nothing contained herein shall be deemed a release of KevinChole Photography's copyright on any of the images. Commercial Printer: Any commercial printer is released from liability regarding the duplication of any of the images referenced above.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.