Kayley D’Souza Photography Agreement
By booking and attending your session with Kayley D’Souza Photography, you automatically agree to the following unless otherwise noted.
1.Image Copyright
All images and copyrights are property of Kayley D’Souza Photography and Kayley D’Souza (photographer). The photographer retains the right to copy, edit and distribute any/all images created under this agreement, to the general public for any reason, including but not limited to; reproduction, distribution, advertising, newspaper, sales, and monetary gain- Unless otherwise noted. The photographer retains the right to post photos from the session to online media, including social media (Facebook, Instagram, etc) and photography website. If the client does not want certain images online, please discuss this before the session is over. Clients retain the right to reproduce images for personal use. Clients are not to edit the images in any way.
2.Deliverables
Your photo gallery with watermarks will be sent via the Pixieset website within 4 days from the time of the photoshoot, to the email provided by the client. The client has 14 days from the date the photo gallery was sent to choose the required amount of edits. All edits will be based on clients’ choice of photos. Edits will be completed within 48 hours from the time client sends image choices. Photos for edits must be chosen within 14 days. If you do not choose within 21 days there will be a charge of $20 to re-upload the gallery. All online photos are deleted after 21 days following the online upload. Edits will be kept on file for one month. Additional Edits may be purchased for $10 per edit. Standard re-touching is included in edits. No watermark will be present on final edits.
3.Punctuality
The client must be on time for the session. The photographer is not responsible if the client or any additional individuals involved in the session fail to appear, or are late to the scheduled time booked. The client is reminded to give extra time for directions, traffic, parking, etc.. If the client is late, the session will begin when the client arrives, but will end at the pre-scheduled end time. If the client is late, this may result in not having time for additional photos, costume/outfit changes, additional poses, etc., and may result in inability to deliver package edits, at no fault of the photographer.
4.Session Participants
All individuals involved in the session must be provided to the photographer in advance of the session. Anyone outside of the immediate family is an additional cost of $20. Immediate family: Parents/couples, and children. Extended family or additional persons: Grandparents, Aunt/Uncle, and cousins, etc.. Participants are reminded no food, drink, lotions, oils, or anything that may stain or cause damage when using any props or costumes.
5.Retainer Payment, Fees, and Cancellation Policy
Kayley D’Souza Photography requires a $25 non-refundable retainer to book any session. 5 days notice is required for any cancellations/rescheduling. Value of retainer will be applied to the cost of session. Client acknowledges and agrees that cancellation by Client with 5 days or less notice will not result in a refund of any fees paid, including the retainer on or prior to the date of cancellation by client.
Retainer will be applied to rescheduling of future sessions if 6 days or more notice is given by client. When rebooking, retainer is to be moved to a session of equal or greater value of original session booked. Deposit credit must be used within 6 months of original booking. Additional fees for travel costs may apply. Payment in full must be received on or before the day of the session, prior to the session taking place.
Payment for the full cost of the session must be received on or before the day of the session. No photos will be released to the client until full payment is received.
Photography permits. Please inquire to discuss locations/possible permits.
6.Photographer Illness
If the photographer is to become ill or injured, and/or is not able to attend the scheduled session, the client will be provided with an opportunity to reschedule to a later date. If the client is unavailable to rebook, a full refund of the deposit will be provided back to the client. The Photographer shall not be held liable for delays in the delivery of work products, or any work product undeliverables, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for work product that fails to meet quality beyond the control of Photographer (e.g. unhappy children, grumpy husbands). It is unlikely, but in the event images are deleted or damaged, another session will be provided free of charge.
7.Liability
The photographer is not responsible for any injuries or illnesses that may occur at the time of the photography session. The photographer is not responsible for any lost or stolen items at any public or private location that is attended. The photographer is not responsible for uncooperative individuals, children’s behaviour, outfit choices, or weather, during the session.
If anyone involved in the session disagrees with the agreement, the client assumes responsibility for any liability. The photographer has the right to cancel any session should when felt necessary at the photographer’s discretion. The photographer will postpone and reschedule sessions due to inclement weather forecast anytime prior to the session start time, at the photographers discretion. Weather watches will be sent to clients appx 24 hours prior to the session, up to the morning of the session. This may result in a different location. Please ensure you check your email or texts, prior to leaving for the session for notification of any changes.