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Event Contract

While few of us like terms and conditions or contracts, it is a crucial part of business to assure everyone has the best possible experience. With that said, below is a copy of the contract as it pertains to any photography packages offered.

Last updated 04/28/2023.

Section Title

EVENT PHOTOGRAPHY CONTRACT

I.  THE PARTIES. This Event Photography Contract ("Contract") made on ____________________, is by and between:

Photographer:              Shaina Konarski ("Photographer"), and

Client:                          _______________________________ ("Client").

 

This is an agreement between ShayKay Studio LLC, hereinafter referred to as "SKS", operating in the State of Wisconsin, and the signer of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait sessions detailed below.

 

The packages list, pricing list and/or any documents attached to this Contract are integral parts of this contract and can be updated at any time by SKS. The contract terms, agreement and price list are the only legally binding documents between the parties.

II. EVENT.

Type of Event: _______________________       Title: _______________________

Address: _____________________________________________________________

Date: ____/____/20___                        Time: _______    AM  PM to _______    AM  PM

 

Hereinafter known as the "Event."

III. THE EVENT: The Photographer agrees to provide professional photography services for the duration of the Event. Hereinafter known as the "Event." Services are to be provided at the Event in a professional manner in accordance with industry standards and for the Photographer to adhere to any reasonable requests by the Client. 

IV. RETAINER POLICY: The Event retainer guarantees the time and date allotted for the Client. The retainer fee is 50% the Event fee and is non-refundable, though it is transferrable (see XI. CONFIRMATION/ RESCHEDULING/ CANCELLATION).

If paying by credit card, the retainer is processed within twenty-four (24) hours after booking. Should payment not be received within twenty-four (24) hours, the Photographer reserves the right to offer the date and time to another client. 

The balance of the Client’s Event shall be paid in full at the beginning of the Event for the Services. Pricing is non-negotiable and is subject to change.

V. TRAVEL FEE: There is a minimum $30 travel fee for locations outside of a 20-mile radius of 53066.

VI. CALCULATION OF FEES: In exchange for the Services provided at the Event, the Client agrees to pay the Photographer:

An Event fee of $__________ and a travel fee of $__________ for a total of $__________.

The amount mentioned in this section is solely for the Services provided and does not include client requested retouching or addendums.

VII. METHODS OF PAYMENT. The Photographer's acceptable methods of payment are as follows:

A.    Cash

1.     Client must have exact cash as the Photographer will not carry change.

2.     The Photographers standard practice is to verify all bills with a currency marker.

B.     Credit Card

1.     A 3% transaction fee will be added to any amount being paid by credit card.

VIII. WEATHER: The Event will not be cancelled as the result of a weather forecast. The Event may be rescheduled due to severe weather conditions and will only be rescheduled by the Photographer no sooner than 30 minutes from start time of the Event (locations and times are subject to change pending travel times and local weather).

Morning Events will not be cancelled due to wet grounds (morning dew) and Events will not be cancelled due to cloudy skies. Furthermore, it is the Client’s responsibility to wear appropriate attire for weather conditions. 

IX. MINOR/MODEL RELEASE: A minor/model release will be required for every Event. This gives SKS permission to use the images for website/advertising purposes (blogging, business cards, posters, etc.). This would also include the use of the images on social media (Facebook, Instagram, Twitter).

X. CONFIRMATION/RESCHEDULING:

A.     CONFIRMATION: The Parties should connect 7-10 days prior to the Event to touch base and go over last-minute details. The Photographer will make every effort to contact the Client, but it is ultimately the Client's responsibility to connect with the Photographer to confirm the Event.

B.     FEELING UNDER THE WEATHER: The Client is responsible to give Proper Notice to the Photographer if anyone is feeling ill. The Event retainer will be held by the Photographer; however, it can be transferred to a new date, providing the date is within the same calendar year. SKS reserves the right to transfer the retainer to the next year though is not obligated to do so.

C.     RESCHEDULING LIMIT: In the event the Client reschedules the Event more than three (3) times, the fourth notice would be considered written cancellation of services and the Photographer would keep the retainer.

D.     PROPER NOTICE: If the Client reschedules within 12-hours of the Event, an email is considered sufficient notice. If providing notice within 2-hours of the Event, the Client must call the Photographer to avoid unnecessary travel. Should the Photographer not receive proper notice, an addendum may be added for additional travel fees before a new Event can be scheduled.

XI. CANCELLATION:

A.     CLIENT CANCELLATION: There shall be no refund of the Event retainer after the signing of this Contract and the reservation of the Event. Any other arrangements shall be documented and signed in an addendum between the Parties. Cancellation must be in writing/an email though other actions might constitute a cancellation as outlined in this Contract.

1.     Additional Sections addressing Cancellation:

a)       Section XI, subsection C: Rescheduling Limits

b)       Section XIII, subsection A: Tardy

B.     PHOTOGRAPHER'S CANCELLATION. If the Photographer is forced to cancel the Event for reasons beyond their control, all funds paid by the Client shall be returned and the Photographer shall be held harmless from any legal or financial liability.

XII. BEFORE THE EVENT: It is the Client’s responsibility to have their child(ren) rested, fed, dressed, a clean face and diaper, if necessary, and ready for their Event. If the Client is planning on their child(ren) napping on the way to the Event, please arrive early so the child(ren) has time to wake up. 

A.    CHILD(REN) FACES: The Client is responsible to carefully look at their child(ren) for any "leftovers" (milk mustaches, crumbs, spaghetti sauce, etc.). Failing to do so could result in Client Requested Retouching to remove any "preventable dirtiness''. 

If drooling is excessive from teething or child(ren) have runny noses (especially from cold weather), the Client should come prepared to wipe faces. 

B.     TEMPERATURE: The Client is responsible to check the temperature. If it is between 60-70 degrees, the child must have on a long sleeve shirt and/or layered with a sweater. The Photographer will not photograph children that are not dressed appropriately for the day of the Event as children do not cooperate if they are cold or uncomfortable. Spring/Summer type clothing will only be photographed if the temperature at the time of the shoot is over 70 degrees.

C.     HAIR: The Client is responsible for hair to be styled/pulled back as best as possible - adults & children. Any edits/removals of wind-blown hair would be considered Client Requested Retouching. SKS also makes no promises that windblown hair can be entirely corrected.

D.    CHAPSTICK: Please bring chap stick and/or lip gloss along. Chapped looking lips are difficult to edit. Any edits would be considered Client Requested Retouching.

E.     ADDITIONAL NOTICES: Please empty pockets of any bulky items (i.e. phones, wallets, keys, etc.), leave sunglasses in the car and remove hair-ties from wrists. Clients are responsible for all location fees and permits.

XIII. DURING THE EVENT: 

A.     TARDY: If the Client has not arrived within 20-minutes of the scheduled start time and the Photographer has not been properly notified of any changes by that time, the Event will be considered cancelled.

B.     PHOTO SELECTION: Although multiple photographs will be taken during the Event, the Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards. Images with eyes closed, turned heads, duplicates, etc. are removed from the Photographer’s archives permanently after the rendering is complete. 

C.     UNWILLING PARTICIPANTS: If the person(s) being photographed are unwilling to participate, if anyone in the session is behaving in a manner that the Photographer deems inappropriate or inconsistent with the purposes of the session, or the failure of the client to adhere to the requirements set forth in this Contract, the Photographer reserves the right to terminate the Event. 

In the event of such termination, the Photographer may offer to reschedule at their sole discretion; however, the Photographer is under no obligation to do so. Furthermore, under no circumstances will the Event retainer be refunded.

D.     PERSONAL CAMERAS: Personal cameras are not allowed during the Event (unless otherwise agreed upon in an addendum). Please refrain from taking phone camera images or video-taping as they can be distracting and can impede the services being offered. 

E.     LIABILITY: The Client agrees to hold harmless Shaina Konarski and SKS, from any dispute in the event the Client or anyone in their party become injured during the session or while on the studio premises. Shaina Konarski and ShayKay Studio will not be held liable for any injury to the Client, anyone in their party, or for any damage to the property during the photo session or while on studio premises.

XIV. RE-SHOOTS: Re-shoots are at the discretion of the Photographer and are not given for regretful choices such as hair and clothing choices or an uncooperative child. The Client is responsible that everyone in attendance is well rested, fed and have clean faces/clothes.

XV. AFTER THE EVENT: From the date of the Event, the Photographer has ten (10) business days to finalize the images and provide the link to the Client. Any requests for an update/ETA made within the 10-day window could further delay the process. If there is a delay in the gallery, the Photographer will message the Client. 

Once the link is sent, the Client will have thirty (30) days to view and download their images. The link will be sent from ShayKayStudio@gmail.com. After the gallery expires, there will be $30 re-activation fee, no exceptions. From reactivated, the Client with again have thirty (30) days to download any images before the link expires.

A.    RETOUCHING: Any requested retouching of provided images will be upon request and charged a fee of $30 per image. This includes but is not limited to removal of small logos/stain on shirts, removing any "preventable dirtiness", shirt wrinkles, hair from face, etc. 

If the Client is unhappy with the outcome of the requested retouches, the Client may request up to two (2) additional retouches on the same image for the same request. Any revisions after the allotted two, will be charged at $20 per change. Retouching fees are non-refundable.

B.     WATERMARKS. All images shown with watermarks, in a preview only viewing, or any limitations shall be removed upon full payment to the Photographer.

C.     DOWNLOADING IMAGES: Client will use the provided link to download full size, full resolution images. The ability to download the images will be available for thirty (30 days). It is highly recommended that you download and backup your images within this time frame. After the gallery expires, there will be $30 re-activation fee, no exceptions. A flash drive can be provided upon request and will cost an additional $20 + shipping, if applicable.

1.     Black and White: If the Client wishes to receive all photos in black and white, there will be an additional $20 fee.

2.     Media Quality (low resolution): If the Client wishes to receive all photos in a lower resolution for easier uploading to social media, there will be an additional $10 fee.

D.    PRINTING IMAGES: These images may not be MODIFIED or COLOR CORRECTED (i.e. using any program for "selective coloring'' {turning image black and white and leaving parts in color}; vignetting{a reduction of an image's brightness or saturation at the periphery compared to the image center}; etc.) in any way and must be printed as-is. Once the event is paid in full, the digital images include permission to make an unlimited number of copies and/or reprints for personal use. 

It is highly recommended to print images at a professional lab or Mpix.com (online) verses a consumer lab such as Walgreens, Walmart, CVS or anything of the like. The reason being that consumer labs often lose the quality of the provided images and they may not match the digital. Proceed with caution if choosing a consumer lab as SKS LLC is not responsible for quality, color or cropping of the chosen lab.

E.     CLIENT'S USAGE: The Client is obtaining prints for personal use only and shall not sell said prints. If the Client is obtaining a print for newspaper announcement of a wedding, editorial use, or website, SKS authorizes the Client to reproduce the print in this manner. In such event, the Client shall include recognition that the photograph was taken by ShayKay Studio, adjacent to the photograph.

XVI. MISCELLANEOUS. The Photographer and the Client agree to the following:

A.    INDEPENDENT CONTRACTOR. It is agreed that the Photographer will be considered an independent contractor for the purposes of this Contract, that they will maintain their own independent business and furthermore will use their own tools and equipment in fulfilling the Contract.

B.     TAXES. Any taxes due as part of the Photographer providing their Services in this Contract are the sole responsibility of the Photographer.

C.     IMPORTANT MOMENTS. Any and all-important moments at the Event must be properly communicated with sufficient notice to the Photographer.

D.    ADDITIONAL SERVICES. Any additional services ("Additional Services") must be requested by the Client in writing and are subject to rejection by the Photographer should said request be impossible or inconvenient to meet. Should a request for Additional Services be accepted, the Client agrees to pay for any and all fees charged by the Photographer for such.

E.     DAMAGED GARMENTS: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

F.     DAMAGE TO EQUIPMENT. The Client will be responsible for any damage or loss to the Photographer's equipment due to misuse or theft by the Client or any guest of the Client.

G.    LIABILITY AND INDEMNIFICATION. The Photographer will not be liable for direct, indirect, incidental, or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Contract and the Services provided. The Client indemnifies and holds harmless the Photographer and any subcontractors working with the Photographer against all liability related to the Client's Event from the date of the Event and on into the future. The Client will assume all legal fees claimed by third persons, provided that such loss or damage was not caused by the fault or negligence of the Photographer or its employees, agents, or subcontractors. Furthermore, the Photographer has the right to cancel, at any time and without notice, the Services mentioned in this Contract with no liability or obligation to the Client other than refunds of any Deposit or advanced payments made by the Client.

H.    SEVERABILITY. Should any provision of this Agreement be determined to be void, invalid, unenforceable, or illegal for whatever reason, such provisions shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable. 

I.      GOVERNING LAW. This Contract shall be governed under federal law and the laws located in the state where the Event is taking place.

J.      ENTIRE CONTRACT. This Contract constitutes the entire Contract between the Parties. No modification or amendment of this Contract shall be effective unless in writing and signed by both Parties. 

K.     EXECUTION. The Photographer and the Client each represent and warrant to the other that each person executing this Contract on behalf of each party is duly authorized to execute and deliver this Contract on behalf of that party.

XVII. COPYRIGHT. All images are copyrighted by SKS, it is illegal and unlawful to scan, copy, or reproduce SKS’s work in any manner or medium. As an artist, SKS wishes to have complete control over the final look of client's images. Scanned images distort and devalue the quality of the image and could be potentially damaging to the reputation as a photographer. The Photographer shall own the copyright of all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for SKS’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of SKS’s studio. Originals will remain the property of SKS.

 

This is a contract for personal photography services to be provided by SKS. The Parties agree to the above terms and conditions, and acknowledge that they have received, read, and understand SKS’s current price list.

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