Photography Service Agreement
This Agreement contains the entire understanding between Alexis Molinaro, Kim Alexis Studios, LLC ("Photographer") and the named Client above ("Client") for the purpose of a Photography Session (“Session” or “Assignment”). It supersedes all prior and simultaneous agreements between the parties in both verbal and written communication. The only way to add or change this Agreement is to do so in writing, signed by all parties. If the parties wish to waive or alter one provision of this Agreement, that does not mean that any other provision is also waived. This Agreement shall be governed by the laws of the State of Florida.
Terms & Conditions
Cancellation, Postponement, and Late Arrivals
Client acknowledges that in the event of a cancellation or postponement of the session Alexis Molinaro, Kim Alexis Studios (“Photographer”), LLC will incur expenses and financial loss. Client agrees to notify the Photographer of a postponement at least 48 hours before commencement of the Session/Assignment. If Client fails to provide adequate notice of postponement, Client shall pay a fee to Photographer in the amount of the remaining balance session fee to cover expenses that the Photographer has incurred relating to the Session/Assignment.
Postponements due to inclement weather will not incur a postponement fee. In the event that the Client cancels this Session/Assignment for any reason before the 48 hour grace period takes place, Client agrees to forego return of the reservation deposit. Late arrivals will have amount of time late deducted from the total time allotted for the Session/Assignment. In the event that Client arrives more than 15 minutes late, Photographer reserves the right to cancel the Assignment with no refunds given. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Re-shoots / Refunds / Cooperation & Physical Liability
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Session/Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Assignment. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.
Rescheduling is determined at the discretion of the photographer. If you cancel your session before the 48 hour grace period and want to have your session rescheduled for a later date, the client must submit three preferred session dates and times in writing, the photographer will do their best to accommodate the change in schedule. If preference in date cannot be reached by the client, the client will forfeit their non-refundable retainer. If session can be successfully rescheduled for a reasonable date, the client’s balance paid will roll over to the new session date and contract agreement.
Photographer reserves the right to reschedule/change location for a session if the weather conditions are not optimal for excellent portrait quality. Weather situations often considered are: likely/very likely chance of rain, dense overcast skies, wind, extreme cold or extreme warm temperatures. Please be flexible and considerate if photographer chooses to reschedule by these means, experience in working in these conditions are of consideration being made. Photographer reserves the right to schedule session in private studio if any of these conditions apply.
In the unlikely event that the Photographer cannot perform this Agreement due to an act of God, medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. Damage Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available.
If Client is dissatisfied with the gallery images, notice must be sent to photographer within 24 hours of the original gallery email stating the gallery is now online. A re-shoot may be scheduled, solely at the discretion of the Photographer, as quickly as reasonably possible, and all images from the first gallery will be deleted. Re-shoots will not be offered due to hair or wardrobe choices.
Print issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.
Archive After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Model Release | Copyright Agreement | Print Release
Model Release I hereby give to Alexis Molinaro with Kim Alexis Studios, LLC the absolute and irrevocable right and permission with respect to the photographs that they have taken of myself (Client) and/or my minor child in which he/she may be included with others. To copyright the same in the photographer’s name or any other name that he/she may select; To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
By booking, The Client, has purchased high-resolution digital files from his/her photography session with Kim Alexis Studios, LLC. The Client is hereby granted permission by Kim Alexis Studios, LLC to reproduce the images and make an unlimited number of prints, for personal use only. Bearer agrees that he/she may not use any Kim Alexis Studios, LLC images for commercial or editorial purposes, or enter any Kim Alexis Studios, LLC images into competition without the express written permission of Kim Alexis Studios, LLC. Kim Alexis Studios, LLC retains the copyright to all images, per USC Title 17 (US Copyright Law).
The images that are being provided to you are licensed to you for any reasonable personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Kim Alexis Studios, LLC from any liability due to loss or damage of the images, and also releases Kim Alexis Studios, LLC from any obligation to maintain copies of any digital file, image, or photograph.
Kim Alexis Studios, LLC may revoke this license at any time and for any reason. Kim Alexis Studios, LLC retains all copyrights to the images and derivative works thereof.
If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) you must give credit to Kim Alexis Studios, LLC by posting with the image verbatim: “Photography by Kim Alexis Studios, LLC © www.kimalexisstudios.com”
Session and Gallery Details
Studio Session Option 1 — $275
20 minutes of professionally guided photography at the Kim Alexis Studio in Mandarin Florida. This session includes an online gallery of the images from the session. Includes a full gallery download (all images provided on the online gallery) and 10 4x6 prints chosen by photographer mailed to the client and access to this terms and agreement page for personal printing release.
Standard Session Option 1 — $425
45 minutes of professionally guided photography on a location of choice or by a suggestion of the photographer. This session includes an online gallery of the images from the session. Includes a full gallery download (all images provided on the online gallery) and 20 4x6 prints chosen by photographer mailed to the client and access to this terms and agreement page for personal printing release.
Optional additional prints & digital options available at time of online gallery.
The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer.
We do not guarantee a set amount of images on the online gallery. The number of images shot at your session is based on the amount of hours, activities and the number of guests.
Your final edited images are delivered in .jpeg format at minimum 8 x 12 inches at 300 dpi. RAW files are not available for purchase and remain property of the studio.
Within approximately 21 days from your session date, an email (address provided) will be sent notifying you that your gallery is ready for viewing. Images are selected and edited at the Photographers' discretion. The artist reserves the right to edit and release only those images deemed credible as professional in quality and within the Photographers' artistic standards. The photos will be available for viewing and purchasing beginning on the initiating gallery email, in an optional password protected gallery, for 14 days, exceptions.
Ordering must take place within 14 days of the gallery being live. Delivery of the images will be sent to the client via email in a third party download feature which downloads a .ZIP file to your computer, you will then unzip the file and your images will begin to download. To learn more about a .ZIP file and extracting, please use your search engine to learn more about your device and .zip files.
Note that custom products such as accordion albums and storyboards need to be discussed with Photographer 4 days before gallery is set to expire. Galleries will be automatically purged from the website after 21 days. A $35 re-hosting fee will apply to galleries that need to be put back on the website after 21 day viewing period.
Additional editing is available at $100/hour. Additional prints or digital images may be available for purchase through the online gallery. Prices for gallery purchase items is adjusted periodically without warning to the client. Future orders are charged at the prices in effect at the time when the order is placed. Gallery re-hosting is $35, this fee goes towards the re-host of any gallery that expires after the 21 day expiry period provided on the original gallery email.
Location Fees and Travel Expenses: If there are any costs/fees associated with the location the client has chosen for their session, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Your session balance covers travel for locations within 40 miles round-trip of Kim Alexis Studios, LLC studio location, 32258. Any location outside of these limits will be subject to an additional charge of $1/mile as part of this contract agreement, if needed travel terms will be discussed before contract is binding.
Payment Types & Schedules
I understand that my non-refundable retainer must be paid in full before this contract agreement is fully binding. This is a non-refundable retainer fee that goes toward your session balance.
Remaining balance of the portrait session is due 48 hours before the session is to be completed. Please see Cancellation, Postponement, and Late Arrivals section for more information on refunds after 48 hour cancellations. No photography will take place and no rights are granted until payment is made in full, no exceptions.
All payments are due according to this schedule: non-refundable retainer to book, remaining balance due 48 hours before session, no exceptions. Session bookings, Galleries or Orders will not be processed until payment in full is received. At this time, Kim Alexis Studios, LLC does not offer payment plans for session bookings or goods.
Permissible payment types:
Venmo, contact name is @KimAlexisStudios
Check, contact photographer for instructions
By booking you agree to these terms...
I, the Client, hereby warrant that I am competent to contract in my own name. I confirm that I have read this entire Photography Service Agreement prior to its execution and am fully familiar with its contents. I understand that this Agreement shall be binding upon me and my heirs, legal representatives and assigns. I certify that I have located and read thoroughly through of this Agreement. I have read and understand the terms of this portrait contract with Alexis Molinaro / Kim Alexis Studios, LLC.