WELCOME!

Thank you so much for booking a portrait session with me! I'm excited and honored to be your photographer. This contract is simply to ensure everyone is in agreement regarding the services I will be providing. Please feel free to contact me with any questions. I look forward to seeing you at your session!

 

CONTRACT ITEMS

This contract is for one of the following...

Photography Session 

•60-90 minute session either in your home or at an outdoor location 

•35 high resolution images delivered via digital download or USB with image duplication rights

•Online photo gallery with viewing, sharing, ordering and downloading options.

Video Session "Memories in Motion" 

•60-90 minute session either in your home or at an outdoor location 

•A  beautiful short film set to licensed curated music of my choice to show the love, connection, and details of your loved ones together.

•Video will have a custom URL from my Vimeo Account with Unlimited Accessibility from all devices and Download access for saving.

Photography + Video Session

•60-120 minute session either in your home or at an outdoor location 

•35 high resolution images delivered via digital download or USB with image duplication rights

•A  beautiful short film set to licensed curated music of my choice to show the love, connection, and details of your loved ones together.

•Online photo gallery with viewing, sharing, ordering and downloading options.

•Video will have a custom URL from my Vimeo Account with Unlimited Accessibility from all devices and Download access for saving.

CLAUSES

Description of Services

This agreement constitutes an order for portrait photography or videography services, and any additional services outlined above in Package. It is agreed to by both parties, Photographer and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due By Date of the session.

Photographer Rights

It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer.

Client Rights

Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold or used in advertising unless otherwise specified by the Photographer.

Date Reservation Fee

A $100 Reservation Fee is due at signing (unless otherwise stated by Kim Hilliard) is a Date Reservation Fee. Upon receipt the Photographer will reserve the time agreed upon for the Event Date and will not make another reservation for the agreed upon time. For this reason, the Date Reservation Fee is non-refundable. 

Location Costs & Fees

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within the Montgomery, AL River Region.

Rescheduling

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, this session fee 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.

Limitation of Liability

Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above.

Indemnification

Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.

Transfer

This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.

Entire Agreement

This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.

Online Gallery

In the weeks following your session you will receive an email with access to your online gallery where you view your proofs, and order your prints and products. Images will remain in the online gallery for 2 weeks and then will be removed by the photographer. A reposting fee of $50 will apply to put the gallery back online if needed.

Delivery of Photos

No part of any order, including previews, will be delivered until the balance is paid in full. Due to the custom nature of each session, all sales are final. Client must be absolutely sure of their purchase prior to ordering, as print orders are placed to our professional lab within one to two (1-2) business day(s) of received payment.

Copyright & Penalty

The photographer retains all copyrights to all images created during client’s session. A print release will be issued with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by the photographer during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file. Exception: client will receive web-size, low resolution image (by email or on purchased disc of images) for all ordered images (print or digital file) for use in online sharing upon request.

Model Release

This contract also acts a model release for Kim Hilliard Photography + Films to use images from your session on social media, website, marketing and any other use she sees fit. Last names, locations and all personal information will be kept private.

Re-shoots

Re-shoots are determined at the discretion of the photographer. Reshoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Additional editing is available at additional expense to be determined by photographer.

Creative License

Upon viewing samples of my work, you have decided to invest in my services to photograph you and your family because you are confident that I can give you results which you will cherish. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. As an artist, I reserve the right to artistically interpret what I see and way I choose to photograph the scene. This may mean that some shots are in color and some in B&W. This is my interpretation and vision as an artist.

Execution

Digitally signing this agreement has the same effect as manually signing a paper original.

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