The following policies have been established to allow us to operate in a consistent and efficient manner.
Your familiarity with these policies is important and will help insure a very memorable experience.
AGREEMENT TERMS & CONDITIONS
SESSIONS: Select evening sessions are available on a limited basis. Saturday and Sunday
Appointments are prime time and should be booked several weeks to several months in advance. Non-refundable $50.00 deposit is required at the time that you schedule your session.
STUDIO HOURS: All appointments are by appointment only. Calls and emails will be answered Monday thru Thursday
9AM to 5PM
PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from Photographer. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.
For photography sessions beyond 35 miles of the city limits of Girardville, PA, the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $ 0.565 per mile and will be clearly presented on Photographer’s Invoice to the Client.
The total fee presented on Photographer’s Invoice to the Client is payable at the time of the specified session unless otherwise outlined below:
Lodging: In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than $100.00 to the Photographer at the time of the session.
A deposit of $50.00 and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the portrait fee is due on the day of Client’s portrait session, and is payable before shooting begins. All portrait fees are subject to Pennsylvania 6% sales tax.
For Payment in addition to cash payments I accept Visa, MasterCard, Discover, American Express, PayPal and personal checks.
Payment Plans Orders of $300 or more may qualify for a payment plan. Payment plans must be completed before the order is submitted or delivered. Payment plans are set up via credit/debit payments.
NON-REFUNDABLE BOOKING DEPOSIT: Once we pick our date, time and location your next step is pay a $50.00 deposit fee to hold your date and time of your session. This is a non-refundable booking deposit. This deposit will go towards your package price. In the event of cancellation or no show you will lose your deposit.
PAYMENT: I accept cash, credit, debit, PayPal and personal checks. Please note any personal check that is returned will result in a $35.00 fee.
TRAVEL FEE: Travel fees may apply outside of the 35 mile radius
PAYMENT PLANS: Orders of $300 or more may qualify for a payment plan. Payment plans must be completed before the order is submitted or delivered. Payment plans are set up via credit/debit payments.
DAY OF YOUR PHOTOS SESSION: Please do your best not to be late to your photo sessions.
Many times I have other clients either before or after your scheduled time. Try to arrive 10 minutes early if you
Can so that you can get comfortable and we can start on time. If you are late to your session, I will do the
best I can in the time that you have remaining. If you are more than 15 minutes late to your session we may
have to reschedule your appointment.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the $50.00 deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints from the second portrait session only. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Kelly Long Photography ("Photographer"). In exchange for services provided, Photographer retains the exclusive 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: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
SESSION PROOFS: Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. All sessions will be done within 3 weeks of your photography session date. For print packages (Package A, B, or C) an in person consolation to review the proofs will be scheduled within 2 weeks of the session date. The purpose of the review appointment is to make your print package purchasing decision so please plan to bring all the people involved in this decision. At this time client will then receive access to a private online photo gallery. If client does not choose their prints for their print credit during the session preview they forfeit their print credit. Disc, Prints, and specialty products will then be ordered and available within 3 weeks of fully paid products. All print and product orders through me must be paid in full before order is placed. Expedited charges of 50% of total package rush fee will be applied if you want your session sooner than the 3 week turnaround time.
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING "DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Kelly Long Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
PRINT FEES: Prints are available either individually or in print packages. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail one week after Client’s print order has been paid in full. All print fees are subject to Pennsylvania 6% sales tax. Print and Print Package pricing is set out in the attached Print Pricing Schedule.
ONLINE GALLERY/ IMAGE STORAGE: All online galleries will remain on file for 6 months from the date of the portrait session. After 6 months all images will be purged from the online gallery. A $25.00 non refundable re-posting fee will apply to any gallery that needs to be reposted. This gives the gallery another 30 days active. You must purchase all prints or download any files needed within this time period. Images are stored on my systems for 1 year to allow ample time to make your selections and complete your purchases. While I may store files for longer than the stated year I cannot guarantee that the images are here. Please plan accordingly how you will take care of your disc, flash drive and downloadable images. Kelly Long is not responsible for lost or damage images after you receive your images in the format chosen. Additional disc or flash drives can be purchased at anytime within a year of your session date.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or moles, heavy blemishes, brace removal, etc. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone are given by photographer at no extra cost. Selective coloring will be done with an addition cost. Photographer has the right to refuse any requested edits to the images.
Retouching Rates - per Pose
Rush complex retouching
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Kelly Long Photography by Kelly Long.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.