Thank you for choosing Krystil McDowall Photography. Please read and sign the contract below. If you have any questions, please contact me before you sign. This contract is between Cardall LLC, trading as Krystil McDowall Photography, and the signatory of the contract.
1. Photography fee: A $100 non-refundable deposit is due on signing of the contract. Upon signing the contract and receipt of the deposit, Krystil McDowall Photography will reserve the agreed upon session date, and will not commit to any other sessions at that time and date. For this reason, the deposit is non-refundable. The remaining balance must be paid on, or before, the session date.
2. Permissions: It is your responsibility to schedule and receive any relevant permissions to use in various locations for the photography session. If fees are required by a venue in order to shoot at that location, it is your sole responsibility to pay for such fees and arrange for any necessary permits in advance.
3. Travel fees: Krystil McDowall Photography is happy to travel. If the location for the photography session is scheduled at a location outside of Orange County, California, a travel fee of $0.60/mile will be charged based on travel to and from the location of the photography session.
4. Cancellation and rescheduling: If you cancel the photography session without rescheduling or fail to show up for our session, you agree that the deposit will be forfeited. If we agree to reschedule the session, the deposit will be applied to the rescheduled session.
5. Artistic rights: Krystil McDowall Photography will give you the best photographs from the session. Photographs are edited at the discretion of Krystil McDowall Photography, and delivered photographs will not include all images shot. Krystil McDowall Photography reserves the creative right to edit and release only those photographs deemed creditable as professional in quality and within her artistic standards.
6. Photographic materials: All photographic materials, including but not limited to RAW files, negatives, transparencies, proofs and previews, are the exclusive property of Krystil McDowall Photography. Krystil McDowall Photography will make the photographs available through a downloadable online gallery. The gallery of downloadable photographs will be available within 4 weeks from the session date. The photographs will remain on the online gallery available for download for 2 months from delivery. Krystil McDowall Photography does not warrant the longevity in quality of any delivered digital ﬁles. You bear the sole responsibility to back up, and maintain, the photographs. Krystil McDowall Photography stores digital files for 6 months as a courtesy.
7. Copyright: The copyright in the photographs remains with Krystil McDowall Photography. Krystil McDowall Photography grants you (the client) permission to distribute, display and reproduce the photos exclusively for personal use by you and your friends and relatives. Any sale, publication or commercial use of any kind whatsoever of the photos is not allowed.
8. Model release: You grant Krystil McDowall Photography the irrevocable and unlimited consent to use the photos for editorial, competition, advertising in connection with the advertising and promotion of Krystil McDowall Photography’s business and for any other purpose and in any manner, to alter the photos without restriction. Krystil McDowall Photography will never display the photographs in a negative or derogatory light. You release Krystil McDowall Photography from all liability and claims in connection with the photos.
9. Failure to perform: If Krystil McDowall Photography is unable to perform this contract due to illness, emergency, severe weather, an act of nature or causes beyond the control of Krystil McDowall Photography, Krystil McDowall Photography will make its best effort to reschedule the session to a mutually suitable date. If a reschedule is unable to be agreed upon, Krystil McDowall Photography will return the deposit in full and has no further liability. Krystil McDowall Photography takes great care with the photographs. However, in the unlikely event that Krystil McDowall Photography is unable to deliver the photographs due to technological malfunctions including, but not limited to, camera or processing malfunctions or the photographs are otherwise lost or damaged without fault of Krystil McDowall Photography, liability is limited to either reshooting the session (at no cost to you) or return of all fees paid towards the session. Additionally, Krystil McDowall Photography will be held harmless for any and all stolen or misplaced personal property or injury to you during the course of the photography session and the immediately surrounding events.
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