Regular Session Contract

This Contract is between the Client, whose name and address is in the online form, and Tamara Kenyon Photography LLC.

Retainer and Payment
The Client shall make a non-refundable retainer in the amount of $200 for 5 family members and $15 for every additional members at the time of booking for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.

Payment for product orders shall be submitted to the Photographer within 7 days of gallery delivery, whether via online proofing service or in-person viewing.

Any payment plan Contract agreed to by the Photographer and the Client shall be included as an addendum to this Contract. No products shall be delivered until the entire amount is paid in full.

Checks returned by the bank for any reason will be charged a $30.00 service charge and sessions/orders will be cancelled if they are not paid in full within 3 days of notification. Currently galleries will be suspended until payment is arranged.  

Cancellation 
If the Client requests to amend or cancel this Contract 30 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels 30 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.

Rescheduling/Late Arrivals
In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 15 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. Photographer will wait up to 20 minutes for late arrival. If Client does not contact Photographer about late arrival and the 20 minutes has passed, retainer will be forfeited. 

Requests for rescheduling are granted only at the Photographer's discretion. If Client becomes ill, please call as soon as possible to reschedule. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc.  After a second request to reschedule or if the session date is not decided within 60 days of original session date, the retainer is forfeited and current pricing will apply to the new session.

Unless there is an emergency situation or bad weather, sessions may not be able to rescheduled during the peak holiday season. If Client needs to reschedule a session originally set to be held anytime between Sept. 1 through Dec. 15 and a new date cannot be arranged, the initial retainer will be forfeited and Client will need to pay it again (with some exceptions). However, session can be held on a date within one year of original session date.

I also understand that shooting conditions may include an overcast day, as sunny skies are not always guaranteed.  

Happiness Clause
Photographer is not responsible for client moods or behavior during session and the resulting images. While Photographer makes reasonable attempts to engage all clients, welcome them and provide direction for posing, it is recognized that all clients have their individual personalities and autonomy, which may impact the result and Photographer cannot control.

Completion Schedule
Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

Printed products shall take 3 weeks from time of print order to be processed and delivered to the Client.  
Albums shall take 3 weeks from date of final design approval by the Client to be received by the Photographer.

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of 30% total product value shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

Client understands that once digital images are delivered, if ordered, that Photographer is not responsible for storage of images. It is the Client's responsibility to save, backup, and store their own images. 

Use of Independent Contractor 
In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.

Photographic Materials 
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 10 days of the photographic event. If an online proofing gallery delivered, it shall remain open for 7 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply.

Client understands that Photographer is not responsible for unordered images after 30 days from delivery of proofing gallery and that images may be permanently deleted.  

Artistic Rights 
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer cannot guarantee a specific number of images in a gallery, as this is subjective to the progress of the session itself. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $25 per file.

Copyright and Reproductions 
The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication (or alteration of original images is strictly prohibited including saving, screen shots, or copying images in proof gallery, social media, blog, or website). {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

The Photographer does provide the Client permission to resize photographs for Internet-based usage.

Client Usage 
The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

Social Media 
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “2017 Tamara Kenyon Photography” in the caption of all photographs uploaded to social media websites and profiles.

Model Release
The Client authorizes the Photographer to use and to create images for promotional materials, online usage, and other areas of marketability. The Client further authorizes the distribution of photographs to potential clients of the Photographer for portfolio purposes. The Client agrees and understands that the photos will be taken digitally.

The Client further acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.

The Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain the Client’s image.

The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction.

The Client hereby acknowledges and agrees that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release.

The Client, also hereby waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. The Client hereby covenants and agrees that the Client shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs.

The Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. The Client hereby releases any and all claims whatsoever in connection with the use of the Client’s photographs and name and the reproduction thereof as aforesaid. The Client hereby waives any right that the Client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.

Photography and Videography 
The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.

Because it can be distracting (especially to small children) and prevents me from being able to do my job effectively, other cameras are not allowed at the photo session (with the understandable exception of births).

Failure to Perform 
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.

Substitute Photographer 
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Photographer’s Standard Price List
The charges in this agreement are based on the Photographer’s Standard Price List as attached. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

Client has reviewed the product prices and understands how the retainer and ordering works.

Travel and Overage Fees
The Client shall pay $.50 per mile outside the zip code of 83702.

Arbitration 
Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Indemnification 
The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

Miscellany 
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Idaho.

Attorney’s 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.

Construction 
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

Photographic Material Archival 
The Photographer shall store photographic materials for 60 days from date of the event. At that date, all photographic materials may be destroyed.