I understand that my session must be paid in full before the time of the session. Check must be made to Alexis Molinaro, mailed to 12745 Wilderness Ln W, Jacksonville FL 32258 (at least 5 days before session), cash, or pay online with the Store menu tab.
AGREEMENT This Agreement contains the entire understanding between Alexis Molinaro Kim Alexis Studios, LLC ("Photographer") and the above named Client ("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
- Session Fees Client agrees to pay photographer a the full session retainer fee as a deposit at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase. No photography will take place and no rights are granted until payment is made in full. The charges in this Agreement are based on the Photographer’s Standard Pricing List. 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.
- Location Costs & Fees If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel (for on location sessions only) within 20 miles of 32258. Any location outside of these limits will be subject to an additional charge of $1/mile as part of the agreement.
- Cancellation, Postponement, and Late Arrivals Client acknowledges that in the event of a cancellation or postponement of the Assignment the Photographer will incur expenses and financial loss. Client agrees to notify Photographer of a postponement at least 48 hours before commencement of the Assignment. If Client fails to provide adequate notice of postponement, Client shall pay a fee to Photographer in the amount of the session fee to cover expenses that the Photographer has incurred relating to the Assignment. Postponements due to inclement weather will not incur a postponement fee. In the event that the Client cancels this Agreement for any reason before the session 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 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 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.
- 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.
- Payment All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
- 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.
- 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 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.
Limit of Liability
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. 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.
Cooperation & Physical Liability
All parties agree to cheerful cooperation and communication for the best possible result within the definition of this 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.
- If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect. Proofing and Ordering 1. If Client is dissatisfied with the gallery images, notice must be sent to photographer within 24 hours of the gallery going live. 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.
- Within approximately 1-2 weeks of your session, an email 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 creditable as professional in quality and within the Photographers' artistic standards. The photos will be available for viewing and purchasing beginning on the date of the client's choice, in a password protected gallery, for 7 days unless an in person ordering appointment is selected.
- Ordering must take place within 7 days of the gallery being live or at the agreed upon date and time of an in person ordering appointment. 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 7 days. A $35 rehosting fee will apply to galleries that need to be put back on the website after 7 day viewing period. If the pricing has changed since your original booking date, your images will be rehosted at the Photographer’s new pricing.
- Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. More extensive retouching is done at a fee of $30 an hour.
- Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available.
- Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer shall not be liable for any loss of digital data whatsoever.
- No part of any order, including previews, will be delivered until the balance is paid in full.
- 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.
By booking you agree:
I, the undersigned, hereby warrant that I am competent to contract in my own name. I confirm that I have read this entire 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 received a complete copy of this Agreement signed by all parties.I have read and understand the terms of this portrait contract with Alexis Molinaro / Kim Alexis Studios, LLC