Terms of Service
Please review the following prior to booking your session.
Session Fee
The Session Fee is $990. A payment of $495 is due at time of booking as a retainer to reserve your session date and time. The balance of your session fee is due on or before your session date.
Late Arrivals
Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. This may also result in a reduction of the number of proofs and edited images. If shooting on location and client is more than 15 minutes late the session will be canceled and session fee will be forfeited.
Cancellations
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the retainer is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Reshoots
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair, weather related issues, or by not following the recommendations of the photographer.
Failure to Perform
If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media 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.
Archive
All images will be available for download two weeks after the session. Upon download, the client accepts all responsibility for archiving and protecting digital photographs. Kellie Henriksen Photography does not permanently archive purchased or unpurchased image files. Kellie Henriksen Photography 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 read the files or file types provided. It is the client's responsibility to make sure that digital files are backed up and copied to new media as required. After one (1) month, all images will be purged from Photographer’s hard-drive, except as needed for promotional purposes to be determined by Photographer at Photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
Capture, Delivery, Post Production & Editing:
The Photographer is not liable to deliver every image or all video footage taken at the session. The determination of images, video or audio delivered to the Client is left to the discretion of the Photographer. The final post-production and editing styles, effects, and overall look of the images, video or audio are left to the discretion of the Photographer based on her style and the available lighting. Custom retouching is not included but is available at an hourly rate of $120/hour.
Model Release
Client gives permission to Kellie Henriksen Photography to use the images/video/sound (or variations) from session for publication in advertising materials, websites, blogs, portfolios, displays, or other promotional methods for Kellie Henriksen Photography without compensation for such. Kellie Henriksen Photography will not sell these images to any third party without additional consent from Client.
Copyright and Penalty
Kellie Henriksen Photography retains all copyrights to all images/video/sound created during session, but shall grant an exclusive license to the client to reproduce and publicly display the purchased images/video/sound. The license does not allow selling or altering of your images without the photographer’s written permission.
Indemnification
The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
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 Colorado.
Attorney Fees
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
By paying your session fee you acknowledge that you’ve read and accept these Terms of Service.