The terms below were created to ensure all clients know exactly what a photography package with Kelly Hoinville Photography entails and to guarantee that both the client and photographer’s expectations are met.

Please read the following terms and conditions carefully.

SESSION INFORMATION & UNDERSTANDING:

The signing of this contract states the client’s understanding that it is their choice to participate in this session, and that the client will not hold Kelly Hoinville Photography responsible for any negative actions or feelings that may commence due to the images of this shoot. By submitting this contract, the client agrees to the terms, conditions, and timeline of the session, and the delivery of images and products. The client states that they are 18 years or older. If the client is not 18 years or older, it is understood that a parent or legal guardian is required to sign this contract on their behalf.

SCHEDULE ARRANGEMENTS:

All sessions will start at the scheduled time even if the client is tardy or unprepared. The session end time will remain the same.

COPYRIGHT

The copyright of the photographs produced remain with Kelly Hoinville Photography. The images may not be reproduced for sale, publication or any commercial use without explicit written permission from the Photographer.

CLIENT IMAGE USAGE

The Client reserves the right to utilize the images for personal use and to share with their friends and relatives. The Client can share the images via social media or similar. The Client can reprint the images for personal use provided it is not for any commercial purposes.

MODEL RELEASE / PHOTOGRAPHER USAGE RIGHTS

The Client grants Kelly Hoinville Photography and unrestricted usage rights and copyrights to use and publish photographs in any manner or medium. The Client grants Kelly Hoinville Photography permission to use images taken within this session in samples, marketing materials, editorial, & online web presences, including but not limited to, website, social networks, blog, etc. Images may also be used in photographic competitions and for publication in which case the client will release all profits from images.

CREATIVE PRIVILEDGE AND APPEARANCE

By hiring Kelly Hoinville Photography, you agree to the creative liberties and style that Kelly Hoinville Photography chooses to pursue. Kelly Hoinville Photography retains the freedom to take creative liberties in order to deliver the best possible image. The Client also acknowledges that the Photographer is not responsible for the appearance or styling of any people in the final images.

CANCELLATION FEE

For cancellations within 7 days of the event, the client will have the opportunity to book a make-up session at an alternative location; or receive a refund of 50% of the total session fee. For cancellations within 72 hours of the session time, the full fee is non-refundable.

PANDEMIC OR LOCKDOWNS

In the event that state of emergency lockdowns or government restrictions prevent the event from going ahead, the Photographer agrees to offer the Client the opportunity to reschedule the event without any additional fees or to issue a complete refund.

INCLEMENT WEATHER

In the event of rain, the photography session will go ahead as scheduled. If the client wishes to cancel at the last minute due to weather, they will forfeit the session fee.

LIMIT OF LIABILITY

In the unlikely event that the Photographer is too ill, becomes injured, or some other unforeseen circumstance prevents them from suppling the services specified above, the Photographer will try to reschedule the session for an alternative weekend. If a mutual date cannot be found, then liability is limited to a refund of any payments received. The Photographer has working methods in place to prevent the loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond their control. In these circumstances’ liability is limited to the return of fees paid for the service or part thereof according to the percentage of images and/or service supplied.

DELIVERABLES

The Client understands that the images they receive will be fully edited at the Photographers creative discretion and will be delivered digitally. Client understands that the final number of delivered images is dependent on Photographer’s discretion, although the Photographer will do their best to deliver the agreed upon number of images. The Client acknowledges that they will not receive any unedited images under any circumstances.

ONLINE GALLERY & ORDERING

An online gallery with the final will be created and provided no later than 3 weeks following the scheduled event for the client to download their images. This gallery will be hosted for 60 days only, for the purpose of ordering any specialty prints. As stated earlier, any additional editing requested will be charged at $100 per hour. Orders will not be placed without full payment and consent to print. Once images and products are approved and ordered, Kelly Hoinville Photography bears no responsibility for errors found subsequently. All sales are final. 30 days after the images were approved by the Client, the online gallery will no longer be available. The Client also understands that Kelly Hoinville Photography does not guarantee to store any images longer than 3 months after the event.

By signing this contract, I understand and agree to all the terms and conditions. Any modification of this Contract must be in writing and signed by both parties.