Please see below my standard Terms of Business. These may be modified at any time. Rev. June 2018
This Agreement is made effective for all purposes in all respects as of (Date)__________________________ by and between Kevin Shank\ A Look at Time Photography, hereinafter and __________________________________________., hereinafter referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The SESSION or EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the KEVIN SHANK \ A LOOK AT TIME PHOTOGRAPHY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the SESSION or EVENT(S). If the SESSION or EVENT(S) is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The KEVIN SHANK \ A LOOK AT TIME PHOTOGRAPHY. The CLIENT shall also be responsible for payment for any of the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY’s materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the SESSION or EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY by the CLIENT.
SAFETY: The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SESSION or EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs
unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the SESSION or EVENT location(s) and the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY studio address. For all EVENT(S), the first _10_ miles roundtrip of travel are included. All miles in excess of 15 miles roundtrip are charged at $.55 per mile.
RESPONSIBILITIES: The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY, rendering of decorations, or restrictions of the locations. The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is not held liable for missed coverage of any part of the EVENT(S) or SESSION. The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY will not be held accountable for failure to deliver images of any individuals or any objects at the SESSION or EVENT(S).
VENUE AND LOCATION LIMITATIONS: The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY’s explicitly written permission. If the CLIENT has purchased an “Image DVD” from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY, the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY. The CLIENT must obtain written permission from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the KEVIN SHANK \ A LOOK AT TIME PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY, the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SESSION or EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY’s control, including but not limited to camera, hard drive, or equipment malfunction, the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY is not liable to deliver every image taken at the EVENT(S) or SESSION. The determination of images delivered to the CLIENT is left to the discretion of the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY.
ADDITIONAL SESSION TIME: Additional session time is determined at the discretion of Photographer. In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will provide 1 reshoot at a $50.00 fee. 1st Photo CD must be returned. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge. Photographer has the right to reschedule due to illness, emergency, weather, accident, car trouble, death of a family member, and family emergency, etc. Due to Photographer fulfilling contract duties, travel expenses, and editing time; No refund will be granted. Photographer will offer a reshoot or re-editing. Please note that every photographer has their own style, so it is asked that you please look at my galleries.
Initial ____________
PAYMENT SCHEDULE: The aforementioned ___________% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the SESSION or EVENT(S). In the event the CLIENT fails to remit payment as specified, the KEVIN SHANK\ A LOOK AT TIME PHOTOGRAPHY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $75.00 non-sufficient funds fee. The client is responsible for all collection cost and a 1.5% interest fee for late payment. Cash, check, Paypal, Visa, MasterCard, Discover accepted. NOTE: I reserve the right to add a 4% transaction fee on all credit card and paypal payments. $75 fee for returned checks for insufficient funds plus the original payment will need to be repaid in cash only! Please note if you are paying with a check: Your images will NOT be accessible until the check clears. Additional services or equipment requested will be invoiced in addition to this agreement’s terms.
Right of Refusal
If for any reason, Kevin Shank does not feel able to provide you with the services you require, another photographer may be recommended. Kevin Shank reserves the right to refuse service to any client who knowingly and intentionally disregards any of the aforementioned policies.
Kevin D Shank ______________________________ Date ________________
Client _____________________________________ Date _________________